Skilled Chattanooga Civil Litigation Attorneys Serving Clients Throughout Tennessee

Not all disputes can be resolved through negotiation or mediation. If you find yourself at an impasse, a civil lawsuit may be your only recourse for protecting your interests and moving forward. At Kuebler & Associates, PLLC, in Chattanooga, our attorney is an aggressive litigator who will do everything possible to secure a favorable outcome in your case.

Whether your conflict involves construction, real estate or personal injury, our team has the experience needed to provide the hands-on representation you deserve. If you are considering pursuing legal action or have been named in a lawsuit, it is imperative that you contact an experienced civil litigation lawyer as soon as possible.

What Is Civil Litigation?

Civil litigation is the court process through which one or more parties seek to resolve a dispute. A civil trial may or may not involve a jury. If there is no jury, the judge will decide the outcome of the case. Similar to criminal proceedings, a civil trial will involve both legal teams delivering opening statements, presenting evidence, interviewing witnesses, and making closing arguments. Civil lawsuits are not criminal matters. However, some rare situations may warrant both criminal charges and civil legal action.

How Long Does Civil Litigation Take?

In Tennessee, the path from filing a complaint to a final jury verdict tends to spans 12 to 24 months. Tennessee’s Rule 16 for civil procedures often serves as a checkpoint to keep the docket moving. Still, delays are common due to court backlogs in busy jurisdictions such as Davidson County or Shelby County. The steps include:

1. File a formal complaint (also called the pleadings stage): To initiate civil litigation, the aggrieved party files a complaint with the applicable court. The complaint names one or more defendants and explains and how their conduct harmed the claimant.
2. Defendant responds: The defendant(s) has an opportunity to respond to the allegations in the complaint. Depending on the substance of the answer, the claimant may issue an additional reply. At this point, the defendant’s legal team may move to dismiss part or the entirety of the lawsuit.
3. Discovery: After entering pleadings, the discovery process begins. Both parties gather information and testimony, request and review evidence, and conduct depositions. Discovery tends to last until a trial can be scheduled.
4. Proceed to trial: The court will issue a date for the trial. If parties do not reach a pretrial settlement, then a judge or jury will hear the case and issue a final, binding decision.

Our business law and civil litigation lawyers will confidently guide you through each stage of the process. If necessary, we can also help you explore all appeal options.

Representing You In A Wide Range Of Civil Lawsuits

We are prepared to advocate for you in many types of civil disputes. When you come to our firm for guidance, we will carefully analyze your situation, identify potential legal remedies and offer a straightforward discussion of each strategy’s likelihood of success. We can represent you in cases involving:

• Construction law: With our founder’s extensive background in the construction industry, we are prepared to handle disputes involving breaches of contract, weather delays, construction defects, differing site conditions, mechanic’s liens, compliance issues and more.
• Real estate law: We can fight for both buyers and sellers in cases involving failures to disclose defects, false information, title defects, breaches of contract (including purchase and sale agreements), escrow issues, boundary disputes and other residential and commercial real estate transaction concerns.
• Business law: Our firm assists businesses of all sizes and throughout all stages of their lifecycles. Our services include helping entrepreneurs and business leaders take steps to minimize liability exposure. When litigation is unavoidable, attorney Kuebler is prepared to advocate for businesses in matters involving breaches of contract, personal injury, commercial real estate, corporate conflicts, partnership disputes, misappropriation of trade secrets, intellectual property violations, economic torts and more.
• Personal injury: When someone is injured due to another party’s negligence, they have the right to file a personal injury lawsuit and attempt to recover compensation for damages. Our firm represents both claimants and defendants in personal injury claims involving automobile accidents, dog bites, premises liability incidents, wrongful death and more.
• Estate planning: Certain types of probate conflicts may require litigation to resolve. Interested parties can contest the validity of wills and, in some cases, trusts. We can assist both claimants and personal representatives of the deceased with these matters.

Our attorney values open communication in his practice, and you will have direct access to him throughout your case. With attorney Kuebler’s years of litigation experience in Chattanooga, you can trust his deep understanding of the local justice system in Tennessee. He will fight tirelessly for a favorable outcome in your case, both in and out of the courtroom.

Using Mediation To Help You Avoid Litigation

A civil lawsuit may not necessarily be the best method for resolving your dispute. Mediation is often a more efficient and cost-effective alternative to litigation. In mediation, disputing parties will work with a neutral third party to discuss the issues at hand and attempt to reach an agreeable settlement. Attorney Michael Kuebler is a Tennessee Supreme Court Rule 31-listed Civil Mediator and can conduct sessions as a trained mediator to assist you with these cases.

When To Litigate Vs. When To Settle

Deciding whether to appear in court or sign a settlement agreement requires a calculated cost-benefit analysis. These are some important criteria to consider:

• When to settle: If the legal fees plus the opportunity cost exceed the potential recovery, settling is the winning move. Settlement offers certainty and protects your reputation from the public record.
• When to litigate: Litigation is necessary when a partner’s actions threaten the very existence of your company. or when a nuisance settlement would invite a wave of future meritless claims.

Drawing on a business owner’s perspective, we view litigation as an investment; and every investment must have a projected ROI. Frequently, we assess risk by looking at the collectability of the defendant. Winning a million-dollar judgment is a hollow victory if the other party has no assets to seize.

How Long Do I Have To File A Civil Lawsuit In Tennessee?

The statute of limitations in our state varies by the type of case. For example, you have six years for a breach of contract claim, but only one year for personal injury or certain torts. Missing these deadlines may permanently cost you your right to sue.

What Is The Difference Between Mediation And Civil Litigation In Tennessee?

Mediation is a private, informal process where a neutral third party helps both sides reach a voluntary agreement. You get to retain control over the outcome. Civil litigation is a public process governed by the Tennessee Rules of Civil Procedure where a judge or jury issues a final decision.

Call Our Tennessee Litigation Lawyers Today

If you face a lawsuit or need to file a suit against someone else, you need to contact an experienced lawyer as soon as possible. To schedule a consultation and learn more about the litigation services we offer at Kuebler & Associates, PLLC, call 423-822-5915 or complete our online contact form.