Blog Layout

4 Types of Common Civil Cases
Admin • Jan 31, 2020
4 Types Of Common Civil Cases — Hillsville, VA — Tolbert & Tolbert, LLP

A lot of court cases involve crimes and criminals. However, in civil cases, no one has broken the law, but someone has been wronged or believes they have been wronged. If you would like to learn more about civil cases and lawsuits, check out these four common types.


Contract Disputes

When you agree to certain terms in a legally binding contract, you cannot break them without valid reason. If you do breach the contract without reason, the other party may sue you. The types of contract breaches include minor and material breaches. A minor breach doesn't change the core of the contract, and both parties should still complete the contract. However, the other party may still sue you for damages.



Similarly, they can sue you for material breaches. A material breach is something so big that it negates the entire contract to the point that neither party can rectify it. For example, if you agree to provide a service for a one-time event, and you don't provide the service, that may be a material breach because the one-time event has passed.



Property Disputes

As the name suggests, property disputes deal with any real estate disputes between two or more people. Some homeowners undergo property disputes regarding the property line. In other cases, property disputes involve how the land is zoned (commercial, residential, etc.). In severe cases, you and the other party may even argue about who actually owns the property.



Issues can also arise when neighbors build structures that block your view. For example, if your neighbor builds a tall fence (which drastically impacts your view), it may constitute a property dispute if you can prove it to be a spite fence, or a fence they built purely to annoy you. In some cases, the fence may even be illegal if it is taller than the local laws permit.



Torts

Tort simply means a civil wrongful act, which may include personal injury, assault, fraud, etc. Any action that causes injury to another person's body, property, or character may end up in civil court. Even if you didn't mean to hurt anyone, you can be held liable. Even if you were unaware of the potential risk (like a giant hole in your yard), you may be held responsible by the courts.



Torts also include defamation from libel or slander. You commit libel when you print harmful lies about someone. You commit slander if you speak harmful lies about someone. In most cases, libel is treated more severely because it is longer lasting than oral slander. Messages on the internet can last forever and continue to hurt the individual long after you’ve resolved the issue.



Class Action Cases

Sometimes, a business hurts an entire group of people. Instead of filing many individual claims, attorneys file one class action case. The person who first brought the issue to the attention of an attorney is normally the lead plaintiff. The lead plaintiff works with the attorney to create a condensed hearing that includes all attorneys, defendants, evidence, and witnesses.



Class action cases can seem overwhelming, but if you aren't the lead plaintiff, you don't have to do much to benefit. In most cases, affected individuals are automatically included in the lawsuit. If you don't want to be included, you'll need to opt out. Common class action cases include fraud, employment practices, and defective products.



Civil cases don't usually end with jail-time, but they can be expensive, especially if you are found guilty and have to pay the plaintiff. If you would like to know more about civil cases and how you can protect yourself during one, contact us at Tolbert & Tolbert, LLP today.

Motorcycle Accident — Hillsville, VA — Tolbert & Tolbert, LLP
By Admin 07 Nov, 2023
Employ a motorcycle accident injury attorney from Tolbert & Tolbert, LLP when you've been involved in a motorcycle accident in Patrick County, VA.
Dui Charges After Passing A Breathalyzer: What Evidence Police Use — Hillsville, VA — Tolbert & Tolb
By Admin 20 Jul, 2020
If you're pulled over for DUI, you may face charged even if you pass a breathalyzer test. Learn more about what evidence police can use on our blog.
Top Defenses To Traffic Violations — Hillsville, VA — Tolbert & Tolbert, LLP
By Admin 12 Jun, 2020
You don't have to suffer the consequences if the police accuse you of a traffic violation. LEarn some defenses can help you avoid a conviction.
Standard Roadside Sobriety Tests And How They Are Performed — Hillsville, VA — Tolbert & Tolbert, LL
By Admin 15 May, 2020
How much do you know about roadside sobriety tests? Read this blog to learn about the three NHTSA-approved tests and how they are used in DUI cases.
Can A Pedestrian Be Held Responsible For An Accident? — Hillsville, VA — Tolbert & Tolbert, LLP
By Admin 14 Apr, 2020
In most cases, pedestrians have the right-of-way, but in some situations, the pedestrian's actions can put them at fault for an accident. Learn more here.
Why Hire An Attorney For Traffic Violations — Hillsville, VA — Tolbert & Tolbert, LLP
By Admin 07 Apr, 2020
Hire an attorney to help you fight traffic violation charges, and you may be able to decrease the fine or prevent points from being added to your license.
Steps To Take If You've Struck A Pedestrian — Hillsville, VA — Tolbert & Tolbert, LLP
By Admin 03 Mar, 2020
Streets are often very busy. You typically have to contend with other cars, trucks, bicycles, and pedestrians as you navigate to your destination. Everyone using the roads, including pedestrians, needs to adhere to a set of laws. Yet sometimes accidents still occur. If you're involved in an accident in which your car strikes a pedestrian, take the following steps.   Stop and See to the Pedestrian's Safety Fight-or-flight instinct often kicks in after an accident, and some drivers are motivated to flee the scene. However, the criminal charges of a hit-and-run accident are far more severe. So if you're involved in an accident with a pedestrian, your paramount duty is to stop. Make sure you're not obstructing traffic and that your hazard lights are engaged.   Once your car is safely stopped, attend to the pedestrian. The act of moving a person who has been struck by a car is tricky. If they're ambulatory on their own, you can guide them to a safe space. If they're prone, though, you shouldn't encourage them to move because moving can make any injuries worse.   You do want to stay with the pedestrian until help arrives. If the injured person can't move from the road, then you'll need to somehow minimize the risk of further injury. Assess the current traffic at the time of the accident to make the call of what to do to minimize that risk.   Call for Help Your next step should be to call for medical help, both for yourself and the pedestrian. Often, the extent of injuries is not clear, so call for an ambulance even if both of you seem fine. Likewise, you should call the police — a 911 call should be sufficient.   If you're a medical professional yourself, you might be inclined to help the pedestrian. Virginia law protects people who make a good faith effort to treat an injured person. Generally speaking, as long as you're acting in good faith, you should be exempt from liability regardless of the outcome. That said, you want to evaluate your own state after an accident before offering medical help.   Document the Accident Scene Any time you're in a car accident, you should document the scene. You'll need this information for your insurance and for any potential legal issues that arise from the accident. You can start by noting the time, date, and location of the accident. You can also note the weather conditions. Likewise, make some notes about your version of the accident while it's fresh in your memory.   Get the name and contact information of everyone involved. This contact information should come not only from the pedestrian but also from any potential witnesses. Also get the name and badge numbers of the officers who report to the scene. You'll later want a copy of the accident report as well.   Finally, don't be afraid to take photographs of the scene of the accident. These photos should document property damage. Don't take photos of the pedestrian unless you have permission. Likewise, don't exchange information about the accident itself with the pedestrian or witnesses beyond contact information.   Contact Your Insurance and an Attorney Whenever you're in a car accident, you need to contact your insurance company. The details you've collected from the accident will be very useful. You need to take this step even if your car didn't incur any damage because the pedestrian will likely file a claim.   Your next step should be to contact a traffic attorney. If you're found to be at fault, then the pedestrian might be able to recover compensation for injuries. However, in some cases, the pedestrian is at fault. Jaywalking, crossing against the traffic signal, and walking in prohibited areas are examples of that situation. An attorney can help you navigate these instances of liability.   Always be aware when you're on the road. In the unfortunate event, though, that you're involved in an accident with a pedestrian, take the above steps to protect yourself. If you need legal help, call Tolbert & Tolbert, LLP .
3 Traffic Laws In Virginia You Should Know About — Hillsville, VA — Tolbert & Tolbert, LLP
By Admin 20 Dec, 2019
If you live in Virginia or drive through the state regularly, you should be aware of the traffic laws. Discover three important traffic laws in Virginia.
Distracted Driving And Cell Phone Laws In Virginia — Hillsville, VA — Tolbert & Tolbert, LLP
By Admin 19 Nov, 2019
As of 2019, Virginia has updated laws about cell phone use and distracted driving. Read this blog to learn what these updates mean for you as a driver.
Show More
Share by: