Civil Litigation and Appeals

Civil Litigation and Appeals

Civil litigation is a dispute that arises out of an action that is not a crime. In general, the source of civil litigation is a dispute between two or more people and/or businesses and can include a class action (large group of people). Long, Knight, Huff-Harris & Hagan, P.C. believes in mitigating damages, therefore, you should not wait to act until there is a lawsuit already filed against you. Our attorneys are well versed in the avenues of negotiation and can mitigate your dispute before it reaches to litigation, which can be costly for both parties. However, if the dispute does necessitate litigation or if a lawsuit has already been filed against you – our attorneys are experienced, tough and can represent your interests to the fullest extent in court.

Civil litigation can arise out of many events, including but not limited to: personal injury, wrongful death, property damage, commercial litigation (disputes between businesses), employment and labor law disputes, tenant/landlord disputes, construction litigation, probate litigation, divorce and family law disputes and debt collection. Long, Knight, Huff-Harris & Hagan, P.C. is also knowledgeable in arbitration and mediation for those individuals who are facing binding or non-binding arbitration pursuant to a signed contract.

Long, Knight, Huff-Harris & Hagan, P.C. also believes that your case is not over until you have had a civil appeal. Our attorneys have handled many civil litigation appeals. A civil appeal occurs after you have had a trial and the jury and/or judge has ruled against your claim or case. Every party in a litigation matter must follow certain rules and procedures during the trial. Lawyers, judges and juries frequently act against the rules of civil procedure (whether on purpose or inadvertently) and that is often the reason an appeal can be filed after trial. The reason for the appeal may be due to the judge admitting inadmissible evidence, constitutional rights of a party being violated, wrong or incomplete jury instructions as well as a list of many other errors that occur every single day in the trial system. If you obtained an unfavorable verdict against you, act quickly to contact the attorneys of Long, Knight, Huff-Harris & Hagan, P.C. as the appellate process is limited by strict and short deadlines.

Personal Injury and Wrongful Death

Our attorneys are sympathetic to clients who have been injured due to the negligence of other people and/or businesses. This could include a car accident, slip and fall, trip and fall, accident in the workplace, premise liability, dog bite, defective product or even boating accident.

Long Knight, P.C. will represent your interests against the insurance company and negotiate settlements on your behalf. We represent our clients on a contingency fee basis for personal injury cases. Therefore, you have nothing to lose! We don’t get paid unless you get paid. You will never owe us a dime unless you get a pre-suit settlement or a judgment in your favor awarding money. Even if you feel you are partially at fault, since Massachusetts is a comparative negligence state, you may still be able to recover. Our attorneys also offer complimentary consultations. Take advantage of our complimentary consultation to get an opinion on whether your personal injury is actionable and/or whether you have a good case.

Long, Knight, Huff-Harris & Hagan, P.C. can assist you any of the following personal injury and wrongful death claims:

  • Vehicle accidents (including: auto/truck collisions and motorcycle crashes)
  • Boating accidents
  • Slip and falls
  • Trip and falls
  • Accidents in the workplace
  • Premises liability (injuries on other person(s) property)
  • Occupational illnesses
  • Defective products
  • Medical malpractice
  • Nursing home injuries
  • Food allergies
  • Dog bites

Property Damage

One of the biggest concerns people have after an accident is how their motor vehicle will be repaired and by whom. Property damage claims may also occur when the negligence of another person causes damages to real property. In Massachusetts, property damage insurance contained in your automobile policy covers physical damage to someone else’s property caused by the negligent operation of a motor vehicle.  The law in Massachusetts only mandates that each driver carry $5,000 or more in property damage coverage to legally drive on the roadways. Any damage above and beyond such coverage may have to be paid by the injured party. Property damage coverage is further available when someone else, with the insured’s consent, is driving the motor vehicle.

Commercial Litigation

Commercial litigation is the method of taking legal action regarding business transactions. A business litigation lawyer is often retained for legal representation to help settle business disputes. The attorneys of Long, Knight, Huff-Harris & Hagan, P.C. assist clients in commercial litigation involving mergers and acquisitions, contract disputes, antitrust, bankruptcy, intellectual property breaches and business torts. While every case has its unique facts and issues, our commercial litigation attorneys can take each case’s unique set of facts and represent you with the utmost due diligence and care. Long Knight can also assist you in your mediation if you have signed an agreement with an arbitration clause.

Employment and Labor Law Disputes

Employment litigation usually involves a mixture of state and federal regulations. Such disputes can arise out of wage and hour disagreements, overtime pay, wrongful deductions and/or employee/independent contractor status disputes. Other disputes can overlap with business law and arise out of non-compete agreements, confidentiality agreements, severance packages and other employment contracts. Employment litigation can also encompass worker’s compensation and discrimination in the workplace. There are several classes of employees who must be paid overtime rates (one and one-half times their regular hourly rate for all hours worked in excess of forty hours in one week). Other classes of employees such as professionals, executives and administrative employees are exempt from overtime pay. Allow our attorneys to educate you on your rights! Long, Knight, Huff-Harris & Hagan, P.C. can help you negotiate, and/or litigate or defend your employment matter.

Tenant/Landlord Disputes

The attorneys of Long Knight can assist you in tenant/landlord matters before or after they lead to litigation. State laws and local ordinances cover much of what makes up tenant/landlord law in Massachusetts. Our attorneys can help you weave through the ins and outs of the local and state tenant/landlord laws to effectively represent your interests. We understand both sides of the law (whether you are a tenant having issues with your landlord or you are a landlord having issues with your tenant). Long, Knight, Huff-Harris & Hagan, P.C. can further represent you in an arbitration (alternate dispute resolution) or mediation proceeding.

Construction Litigation

Long, Knight, Huff-Harris & Hagan, P.C. represents owners, general contractors, sub-contractors and homeowners in their construction disputes. Our attorneys can represent you whether you have a small lien claim, design error, defective installations, drafting dispute regarding contracts, sub-contractor disputes, bid protests, bid mistakes and construction defects. Construction defect claims may involve a multiple facets of different practice areas such as breach of contract, personal injury and even property damage.

Probate Litigation

Probate litigation occurs when beneficiaries of an estate and/or trust file an action with the probate court to void estate planning documents executed by a deceased person. The most common reasons for probate litigation are: lack of capacity, undue duress or breach of fiduciary duties by a personal representative and/or trustee. Long, Knight, Huff-Harris & Hagan, P.C.can help you and your family in a probate litigation claim if you feel that the personal representative is taking advantage of an estate you are a beneficiary of and/or its assets.

Divorce and Family Law Disputes

Many divorce and family law cases occur under depraved situations. Emotion usually run strongly in both types of cases and such emotions can easily lead to one person creating unnecessary roadblocks to another over assets and/or children. It is not uncommon for spouses and/or parents to use their children as leverage to get more assets in a divorce or in child support proceedings. It is also not uncommon for parents to have differences in raising their child for the sole reason of harming or keeping the child from the co-parent. Such instances require divorce and/or family litigation. Our attorneys understand the agony you may be facing during a divorce or a dispute over child custody and we will do our best to ensure that your rights are represented in court.