Strong Advocate For Complex Civil Litigation Cases

The civil litigation process can be overwhelming if you go through it alone. By working with a skilled attorney, you can feel more confident that you have the right support and guidance when pursuing a serious lawsuit.

I’m Melissa Kelley, and I represent clients throughout the Hampton Roads area who are navigating a complex civil dispute. I can guide you through the process and help you seek a positive solution.

Skillfully Resolving All Kinds Of Civil Disputes

As an experienced lawyer with a history of problem-solving for a national insurance company, I know how to negotiate and litigate with aggression and compassion. My unique experience allows me to consider various aspects of a case and create a strong strategy that will protect your interests.

I can represent you in the following types of cases:

• Personal injury (for the plaintiff or the defendant)
• Insurance disputes
• Contract disputes
• Business disputes
• Divorce litigation

Civil disputes are serious issues that can impact your life or livelihood in many ways. Whether you’re seeking compensation for an injury or holding a vendor responsible for violating a contract, you deserve to have an attorney to fight for your rights and minimize any potential risks. I have the knowledge and skills necessary to pursue these cases to the fullest extent possible and to reach the best resolution possible, taking your interests into consideration.

Frequently Asked Questions About Civil Litigation In Virginia

Civil litigation is a complex area of law as it covers many different areas of law including personal injury, contract disputes and divorce. If you have questions, you’re not alone. I can help you understand the civil litigation process and keep you informed throughout the steps of your case. Let me start by answering some common questions from clients about civil litigation to help you feel more comfortable about the process.

How does the discovery process work in Virginia civil litigation cases?

The discovery process of civil litigation is when both parties gather information they need to resolve the dispute. Discovery occurs prior to trial and allows both parties to request information about the other party’s claims and defenses. This includes collecting any evidence, witnesses and other crucial information to get a full understanding of all the facts of the case before going to trial.

This process generally involves:

• Collecting evidence from both parties – As explained above, this is where both parties can request information from each other to better understand the entirety of the case.
• Negotiating settlements and resolving disputes – By gathering evidence and learning more about the case, the parties’ attorneys may be able to negotiate a settlement outside of court.
• Providing the evidence and information to the court – Both parties can submit their evidence to the court to help the judge or jury make an informed decision.
• Prioritizing the dispute issues and streamlining the trial – The discovery process helps both parties narrow the scope of the dispute and focus on the most relevant facts. This can help reduce the time spent presenting evidence at trial and shortens the process.

The discovery process is an essential part of civil litigation. As an experienced civil litigator, I’m familiar with the steps and am not afraid do request evidence from the other party. I gather as much evidence as possible and take the time to investigate the entire case so I’m prepared to negotiate or take your case to trial.

How long does it typically take for a civil case to go to trial in Hampton Roads?

Every civil litigation case is different. Once you file your case, the court will submit a scheduling order that will let you know how long you have until trial. This can be anywhere from 90 days to over a year. There are many factors that go into determining how long it can take to get to trial, including the complexity of your case, the discovery period, the ability to locate witnesses, gathering expert testimony and even how busy the courts are at the time.

Working with a civil litigation attorney can help. I will make sure to keep the case moving forward with proactive steps to avoid a lengthy waiting period.

What are the most common grounds for appealing a civil case decision in Virginia?

If you’re dissatisfied with the outcome of your case, you may be able to appeal the decision. However, in certain cases or jurisdictions, you must have grounds for an appeal, which can include any of the following:

• Legal errors
• Jury misconduct
• A violation of the party’s constitutional rights
• New evidence is discovered that could result in a different outcome
• Process and procedural errors

Determining if your case is eligible for an appeal requires the careful consideration of a skilled attorney. I can thoroughly review your case to assess any errors or new evidence and help develop a strategy for an appeal.

Should I have a judge or jury decide my civil case?

It’s impossible to know which option will result in a more favorable outcome for your case. A jury trial may be beneficial if you believe your attorney can present your case in a way that the jury will sympathize with and therefore make a favorable decision. If not, then having a judge try your case through a bench trial may be the better choice. In these trials, the judge is the sole decision-maker of your case, and all the evidence will be presented to them.

Deciding which option is best often depends on the specifics of your case. Regardless of what type of trial you proceed with, you need a skilled civil litigation attorney on your side who will develop a strong strategy and advocate for you in court. I will work closely with you to collect the necessary evidence and present a solid case on your behalf and reach a positive outcome.

Can my Virginia civil case get settled out of court?

Many civil cases don’t ever go to trial. It all depends on your specific circumstances and the details of your case. As civil cases are often disputes between two parties, it’s common for these cases to get resolved through negotiation outside of the courtroom. After your attorney has gone through the discovery process and come to learn about your case, they may suggest negotiating with the other party to reach a settlement agreement. A knowledgeable civil litigation attorney will know if a settlement offer is appropriate and fair or if you should decline a settlement and pursue litigation.

Working out a settlement may be in your best interests as it will wrap up your case sooner rather than later and can help you move forward with life instead of being stuck in legal issues for longer. I will always prioritize seeking the best possible outcome for your case and will advise you on whether a settlement is the right choice or not.

Can my civil case get dismissed?

Yes, it’s possible for a civil case to be dismissed in Viriginia. This can happen due to procedural or substantive issues. Some common reasons for a case dismissal include:

• You did not follow the court rules or orders
• You voluntarily dismissed the case
• You don’t have the facts to support the lawsuit
• Your complaint fails to state an enforceable claim
• The other party files a motion to dismiss the case
• The court lacks jurisdiction

Any of these reasons may be enough for a judge to dismiss your case. In some instances, you may be able to pursue the case again by fixing any issues with the original filing. I can help you with the process if this occurs during your case, but I will also do my best to avoid a dismissal in the first place.

A Hampton Roads Lawyer You Can Trust

I understand how complex civil litigation can be, and I will work diligently to advocate for you every step of the way. No matter what dispute you’re facing, you deserve to have a lawyer who cares on your side.

Call Kelley & Associates, PLC, to learn more about how I can help at 757-929-0473 or send an email through the online form.