I have been employed with hundreds of individuals during five years working on civil cases as a paralegal and currently as a lawyer. I can inform you that hardly anybody addresses a lawyer at all when he is supposed to do so. The majority believes that civil law is limited to large lawsuits, such as when corporations take legal action against one another. But civil law is concerned with ordinary life, money, and property. It covers all the way down to a dispute with a neighbor or even a contract review.
The greatest error I find that clients commit is waiting until a minor issue develops into a massive, costly legal tussle. They wait until they have already signed a bad document or have missed a court deadline.
The reality is, you should be hiring a civil lawyer, not only in cases of divorce or large-scale personal injury. When things get out of hand, we assist people in solving their issues, securing their finances, and protecting their rights. These are nine of the most common scenarios that most people find themselves in when they are in need of an attorney.
1. The Minor Car Crash With Hidden Injuries
Most individuals do not call an attorney when they have a fender-bender. They believe that it was little, and my insurance firm will take care of it. This is one of the greatest dangers, in case you or a passenger experiences any pain in the future.
The insurance adjusters receive payment to pay the lowest possible amount of money to settle a claim. They can pressure you to sign a release within a short period of time. By signing such a release, you waive your right to sue in the future, even in case of a serious injury discovered a month later. Different injuries of the neck, back, and head usually require days or weeks before the full effect is realized.
A civil lawyer can also ensure that you visit the correct doctors and the insurance company does not deceive you into taking less, even in a seemingly minor accident. All the calls and paperwork are done by us so that you can get well. Delaying the medical assistance or even concluding with the wrong form may turn your case into ruin before it even begins.
2. A Simple Neighbor Dispute Over Property Lines
A simple argument over a fence or a tree may turn into a formal legal issue easily. You might say it is a trifle, but that property line is the value of your home and your peace of mind. You need legal facts when a neighbor starts to develop what you consider as your land, or when a neighbor claims a right to use a part of your property (easement).
The problem of arguing with your neighbor will never help much, but on the contrary, it usually worsens it. A civil attorney will examine your property survey, browse the laws governing zoning in the area, and mail you a letter. This legal letter makes it obvious that you are serious and, quite often, makes the neighbor retreat. A lawyer may initiate a court case known as a quiet title action to determine the boundary separating your property and theirs, should it be necessary. Defending your land is not a light affair, and it demands serious legal action.
3. Signing a Freelance or Home Renovation Contract
You are thrilled to bring in a contractor to renovate your kitchen or a new, highly paid freelance job. The other party presents you with a long contract and tells you, Just sign here, it is usual. Do not regard a contract as an ordinary or a fair one.
These documents are authored to defend the individual who authored them- not you. A construction contract may contain hidden terms that compel you to accept costly delays or low-quality materials. A freelance contract can give a false declaration that the company owns all of your creative work, even what you have already done before agreeing.
Any document that comes with thousands of dollars or your career must be read by a civil lawyer before you sign. We can notice the little bad things and rectify them before they become an issue. You may spend a few hundred dollars to have a review today and save tens of thousands of dollars and colossal headaches in the future.
4. Facing a Debt Collection Lawsuit (Even for Small Amounts)
You cannot ignore a lawsuit by a debt collector. Most of them believe the debt is not more than 1,000, and, therefore, I will not go to court. Failure to formally respond to the lawsuit before the time limit (usually 20 to 30 days) means the collector wins by default. This is referred to as a default judgment.
A default judgment implies that the court is satisfied that you owe the money, and the collector is now free to legally seize your bank accounts or garnish your wages (take money off your paycheck), or lien your property. This does not require you to even enter a courtroom.
A civil attorney will assist you in responding to the lawsuit in the right way. We may verify whether the debt collector acted within the law, whether the debt is in actual existence, or whether the period of collection has elapsed. Occasionally, we may pay back the debt at a fraction of the due amount. Fear should not cause a tiny debt to become a huge legal nightmare.
5. Getting Kicked Out of a Homeowners Association (HOA)
HOAs exercise much control over your house. They may impose fines on you because of painting your house the wrong color or parking your truck somewhere wrong. Although fines are a common occurrence, an HOA may occasionally proceed to foreclose on your house in case you fail to pay them. They will also not even allow you to use the facilities, such as the swimming pool or gym, or even attempt to compel you to sell your house.
An HOA has written you a letter, threatening to fine you or require a significant change; you require legal assistance immediately. Not all members of HOA boards are very familiar with the law. A lawyer is aware of the state laws that restrict the authority of the HOA.
We have an opportunity to read the rules of the HOA (the CC&Rs) and indicate where the HOA is in the wrong. We are also able to deal with the official hearings and prevent the process before the HOA puts a lien on your property. It is never a good idea to go against an aggressive HOA without a person familiar with their legal boundaries.
6. Planning for Elderly Parent Care or Guardianship
When an elderly parent falls ill or is not in a position to make decisions regarding their health or finances, the family often faces a dilemma as to who is supposed to be in charge. Some individuals believe that a simple Will or Power of Attorney suffices, but this is not always the case.
In case no Power of Attorney was signed, or it is being disputed by a family member, then you might need to go to court and prove that you should be a “guardian” or a “conservator” in the case. It is an emotional and complex civil procedure in which a judge is the one to decide on who is to make key life decisions on behalf of the parent.
You cannot do this alone. A lawyer will assist you with the court process, assist you in getting ready all the required medical and financial reports, and represent you before the judge. This makes the court realize that you have no other aim but to protect your parent and not to acquire control.
7. Being Named in a Defamation or Harassment Case
The internet also gives ease to individuals when they post false and harmful comments about you or your business. When somebody posts a lie about you on the Internet that harms your reputation and costs you business or a job opportunity, this can be so-called defamation. When you have repeated harassment (stalking, harassment) and it is not enough to constitute a criminal case, then it is a civil issue.
A majority of the population cannot do anything about such an attack. A civil lawyer can help. We can produce a cease and desist letter that would require the individual to take down the bad information. In case they do not want to, we will initiate a lawsuit so that we can unwind them and demand money to compensate for the damage to your reputation.
Defamation is not easy to prove. You must prove that the statement was not only false, but that it resulted in quantifiable damages. We understand how to collect the evidence, such as online posts and evidence of lost revenue, to create a case.
8. Reviewing an Employment Separation or Severance Agreement
Loss of a job, being fired, or being forced to leave is a stress factor. The employer will probably provide you with a separation agreement and compensate you with some severance (money) just by signing the agreement. This is a legal trap of agreement.
It is meant to ensure that you will not be able to sue the company in the future due to any number of reasons, even in cases where they have done something wrong, such as discrimination. It can also include a non-compete contract that will not allow you to sell your services to a competitor within your profession within a specific period of time.
Do not sign it right away. A lawyer can go through the contract to make the severance compensation just and eliminate or modify provisions that could be detrimental to your future employment. We seek obscure words that yield concessions of rights of the sort you do not suspect. It is a minimal cost that safeguards your potential to get employed and your legal possibilities in the future.
9. Dealing with a Poor Home Renovation or Contractor Breach
You have paid a contractor thousands of dollars, yet he/she failed to complete the work or the work is of low quality and hazardous. This happens to be a typical scenario referred to as a breach of contract.
The first thing that may occur to you is to cease paying them or to intimidate them, which may result in your own lawsuit. You should seek legal advice before you do anything that contravenes your part of the contract.
A civil lawyer will acknowledge your contract, provide a formal notice on failure of the contractor, and insist that the contractor correct his work or refund his money. In case they decline, we are aware of how to file a lawsuit so we can get back your money, as well as the amount of money we can pay to have another contractor repair the damage. We save you a big chunk of money spent on ineffective services.
Don’t Wait Until It’s Too Late
The civil law is the law of day-to-day disputes and contracts. I have witnessed far too many cases where individuals could not get good results since they had assumed that their case was too minor to need an attorney. Small matters become large with huge financial interests in civil law.
It is time to call a lawyer when you are not in front of a judge, but when you receive the paperwork, when you feel bad, or when you are signing the contract. A fast phone call and a few dollars of consultation or evaluation can save you several years of worry and enormous legal expenses.
This guide provides you with a good beginning to know the type of legal assistance you might require. We should talk in case you have been served with court papers or given some of the confusing contract, or even if you are having a thing with a neighbor who is not letting you sleep at night.
I can make you a sample demand letter in one of such cases, or I can tell you more about the statute of limitations (the time limit on bringing a lawsuit) on property line claims in your case.
I share more legal stories, insights, and personal reflections on my Medium blog. Feel free to check it out if you’re interested.
