West Virginia Civil Litigation Lawyers
Under West Virginia's law, civil litigation is a legal process brought by a private or public entity, which is not concerned with criminal activity.
West Virginia civil litigation serves the purpose of providing persons with compensation for legal injustices or wrongs that have been committed against them.
In West Virginia, the general purpose of civil litigation is not punishment or deterrence. Both of those goals are the province of the criminal justice system. Alternatively, civil litigation in West Virginia is meant to provide the victims of wrongdoing with tangible (usually monetary) redress.
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What Are Common Subjects of Civil Litigation in West Virginia?
West Virginia civil litigation can come up in practically any context. However, some situations are more likely to lead to civil litigation than others:
Personal Injury: Personal injury in West Virginia is probably the most prevalent cause of civil litigation. When someone is physically injured because of the carelessness of someone else, the injured party is legally entitled to compensation from the culpable party. This usually comes in the form of a monetary payment, meant to cover costs like lost wages and medical bills.
Employment: The relationship between employees and employers is very significant, and regulated pretty strongly in West Virginia. Because of its weight, the relationship can sometimes lead to disputes. Things like discrimination, failure to pay employees at least the minimum wage, and injuries suffered on the job are often dealt with by West Virginia attorneys through civil litigation.
Family Disputes: Most people in West Virginia know that the family relationship can be confusing, to say the least. Disputes involving divorce, community property, and child custody can easily lead to civil litigation in West Virginia.
Do I Need a West Virginia Civil Litigation Attorney?
West Virginia legal issues leading to civil litigation can appear out of nowhere. The legal issues involved are never simple, and can sometimes be incomprehensible to a layperson.
A reliable civil litigation attorney in West Virginia can help you navigate these complicated issues, so if you believe that you might be involved in civil litigation soon, consulting with an attorney is an excellent idea.
West Virginia is situated in the Appalachian region of the U.S., which is famous for its grand mountain ranges. However, because of its geographic position, the state is often listed under many different regions, including the Southeast, and the Mid-Atlantic U.S. regions. The state's economy is driven mainly by natural resources such as coal and oil.
West Virginia is one of the 11 states that operate only one court of appeals. Most states have an intermediate appellate court, with the state Supreme Court also hearing appeals. Instead, appeals in West Virginia are heard exclusively at the highest level, the Supreme Court of Appeals. This makes the Supreme Court one of the busiest appeals courts in the U.S. Other courts in West Virginia include the Circuit Courts, Magistrate Courts, and Municipal Courts.
An important West Virginia case is West Virginia State Board of Education v. Barnette (1943). This case held that students are protected from being forced to recite the Pledge of Allegiance and salute the American flag in school. The ruling was largely based on the Free Speech Clause of the 1st Amendment. The Barnette decision continues to be a landmark decision in the area of Constitutional rights.
Lawyers in West Virginia assist their clients mostly through the Circuit Court system. West Virginia lawyers provide representation during key lawsuits, and can provide advice on obtaining the most favorable legal remedy. A West Virginia attorney can also perform tasks like reviewing legal documents and providing intervention during conflicts.