Civil Actions

Civil law suits are complex matters that may involve in suit by or against families, individuals or businesses in the State or Federal Courts. Mitchell, Brewer, Richardson are trial attorneys who have handled hundreds of civil trials. The attorneys in the law firm, Ronnie Mitchell, Coy Brewer, Billy Richardson and Chuck Brittain are experienced trial lawyers dedicated to serving families, individuals and small businesses in cases in the State and Federal Courts.

Mitchell, Brewer, Richardson has been involved in civil case litigation since the firm began, and each of the attorneys in the firm was a successful trial attorney before being selected to join the firm. The types of civil cases are as varied as the people who are involved in them and the situations from which they arise, but there are some general types of claims in civil cases which the firm handles.

In civil lawsuits, Mitchell, Brewer, Richardson primarily serves as attorneys for plaintiffs in automobile collision cases as well as medical malpractice and other negligence actions. These civil cases also include suits for breach of contract, insurance coverage disputes, as well as claims involving automobile collisions, car and truck crashes, and other lawsuits for personal injury and wrongful death. Also, the firm represents parties to all types of civil suits, including eminent domain cases in which the State of other governmental agency has "condemed" or taken property for roads or other purposes, as well as a myriad of other civil actions.

Personal Injury Claims

Other than breach of contract cases, civil cases often involve legal action taken as a result of an injury (also called a tort action) for the purpose of recovering damages for the injury caused. Most of these cases are based on the negligence of another person, corporation or other entity. (To learn more about negligence cases, click here.)

Such civil actions are begun by the person making the claim, called the plaintiff, filing a document called a complaint against the other party, known as the defendant, and having a summons issued and served on the defendant which requires the defendant to file a written answer to the complaint within a specified period of time (usually 20 or 30 days).

After the initial complaint, the civil action becomes an even more complex and lengthy process. For example in an automobile collision case, health care professionals must evaluate the injured person's condition after the accident. Other information about the accident from witnesses, police officers, and others will be gathered. A period of negotiation may be necessary, or perhaps arbitration or mediation may be required. While most personal injury cases never go to jury trial, depending on the type of claim, a personal injury case could take from several months to a year or more to complete.

Damages Can Be Compensatory, Punitive Or Both

Damages for personal injuries cover the cost of medical care, lost profits,lost wages, diminished earning capacity, and pain and suffering, depending on the facts of the case and the nature of the claims asserted. Compensation for the loss in value of damaged property can be awarded, and, depending on the facts and circumstances, punitive damages may be awarded in a lawsuit in which there is proof of gross misconduct or wanton and willful disregard for safety.

Similarly damages may be collected for the "wrongful death" of a spouse or family member. In a wrongful death tort suit, the administrator or executor of an estate of a deceased person who was killed as a result of negligence or other wrongful acts of another, sues to get compensation for the loss of financial and other damages concerning the deceased person. Wrongful death cases may involve automobile collisions, medical malpractice, product liability and any number of other claims.

Automobile Collisions

The most common type of civil case (perhaps other than divorce matters) is a claim arising from an automobile crash (car, truck, van, semi or other vehicle collision). Motor vehicle crashes are a leading cause of accidental death and injury in and the nation. [Click here for more information about automobile collision - personal injury cases.] The attorneys of Mitchell, Brewer, Richardson have successfully settled and sucessfully brought many of these cases to trial.

Steps To Follow After A Motor Vehicle Accident

 If you, or someone you know, has been injured in automobile collision you (or the person involved) should do the following:

1) Stop your car . . . no matter who is at fault, the law requires you to stop and exchange names, addresses and insurance information at the scene of an accident.

2) Turn off your engine to minimize the risk of fire.

3) Get out of your vehicle. Although you must remain on the accident scene, remove yourself from further danger by getting out of your vehicle --- and out of traffic.

4) Call for police or medical assistance. Even if there are no injuries, assistance may be necessary to clear the accident scene, handle traffic, and file an accident report.

5) Collect information. If possible, collect information about the accident at the scene or as soon after as appropriate. Make notes and include the time and place of accident; weather and road conditions, and other circumstances of the accident; names, addresses, telephone numbers and insurance information of everyone involved, including other drivers, passengers, witnesses, etc.; driver's license number, insurance company and policy number of other drivers; vehicle make and model, and license plate number of other involved vehicles; name, department and relevant information about the responding police officers and (later) a copy of the police report.

6) Don't sign anything except a ticket, citation or report issued by police. Never sign anything else at the accident scene. Signing some types of documents may jeopardize your rights.

7) Get medical attention as soon as possible. Following first-aid treatment you may receive at the scene, see a health professional for a complete examination. Shock and trauma can mask serious injuries.

8) Inform your insurance company. Call your agent or your company's claims number and inform them that you have been involved in a collision and give them the information about the time, date and place of the collision and the people involved.

9) Don't discuss the accident . . . except for giving necessary details to police, medical personnel, your insurance company, or your attorney, do not discuss the accident...especially with insurance companies or lawyers representing other people or insurance companies. Tell anyone asking you about the wreck to talk with your attorney.

10) Contact us. The attorneys and staff at Mitchell, Brewer, Richardson will be willing to help you in anyway.

Click here for more information on automobile collisions & personal injuries

We have a web page devoted exclusively to automobile collisions, personal injury cases and your rights. Simply click here to learn more about car, truck and other collision cases.

For more specific and detailed information about automobile collisions, click here.

Product Liability

A person who is hurt because of a defective product, may have a right to collect damages from the seller or manufacturer. These are called product liability cases. Well-known examples include:

• Poorly designed cars, trucks, motorcycles, tires, recreational vehicles and swimming pools;

• Unsafe power tools and appliances including everything from lawn mowers to heavy construction and farm machinery;

• Hazardous children's toys, clothing or other accessories such as car seats and cribs;

• Pills, medicines or other health care products that cause dangerous side-effects or death.

Not only is the manufacturer liable for design defects that cause injury, the merchant or distributor who sold the defective product can also be held liable in certain cases.

What's In A Product Liability Claim?

Product Liability claims are based on three theories of law: (1) strict liability; (2) negligence; (3) breach of warranties.

1) Strict Liability

Strict liability holds that the manufacturer of a product is responsible to anyone injured by the use of an unreasonably dangerous product. Where allowed, strict liability law requires that a person making such a claim must show that:

The product was defective and unreasonably dangerous;

The product was defective when it left the manufacturer; and,

The defect caused injury to the person bringing the claim.

2) Negligence

A claim of negligence, on the other hand, focuses on the actions of the manufacturer in designing and producing a product. In other words, did the company fail to exercise reasonable care in the manufacture of the product, and/or did it ignore its own (or industry standard) production, inspection and safety guidelines?

Still, this application of law does not mean a manufacturer must make all products perfectly safe. Some products, by their very nature, can result in injury if used improperly. For example, eye injuries can result from using many power tools without wearing eye protection. However, the maker probably would not be liable if there were adequate warnings to wear eye protection while using the tool.

3) Breach Of Warranty

A warranty is the manufacturer's promise that a product will perform as intended. If the product doesn't perform as warranted and causes an injury in the process, the manufacturer can be held responsible for injuries or damages under a breach of warranty claim.

Generally, a basic warranty is implied under the Uniform Commercial Code (UCC) even if no warranty is offered with the product. The UCC states that a manufacturer can be liable if the consumer is hurt using the product as intended. The product must also properly serve the purpose that the manufacturer intended by selling the product.

Medical Malpractice

Negligence, that is, mistakes by a health care professional often lead to injuries that can be very serious. If this has happened to you or to someone that you know, you or they may have a right to recover damages for professional malpractice.

Medical malpractice does not apply only to doctors. Other health care providers can also be held responsible for malpractice including nurses, dentists, chiropractors, psychiatrists, hospitals, nursing homes and even the manufacturers of medical devices.

Yet, a bad event, occurrence or condition resulting from a health care procedure or treatment does not automatically mean malpractice was involved. For example, a heart surgeon may do everything right and still lose a patient during an operation. There is no malpractice in this situation.

Medical malpractice is a very complex and difficult area of personal injury law. Experienced attorneys, staff and significant financial resources are required to handle these cases. For more information on medical malpractice cases, and how Mitchell, Brewer, Richardson can assist you click here.

Eminent Domain or Condemnation

The attorneys in Mitchell, Brewer, Richardson have successfully represented land owners against the State and other governmental agencies. Because the law applicable to the determination of just compensation, which governmental agencies must pay for the taking of land or other property for public use, differs as it relates to the method for determining the amount of damages in relation to the type of governmental agency taking or "condeming" the property, handling these cases can be very complicated.

Because the property involved often involves family owned property or investment property, its taking can be very difficult and often involves very valuable assets. It is important to have attorneys who know these values and are able to defend the taking and to attack the amount offered or deposited and to assist in obtaining truly just compensation.

 Contact us

You can call us at 910/ 678-8900 (click here for a extension numbers for attorneys and staff members) or 1-800-678-2669. You can reach us by e-mail via our feed back page or by sending a message to us at FirmMail@mbr-law.com or for a list of and automatic connection to e-mail addresses of attorneys and staff members, click here.