Litigation Lawyers Columbia SC
Sometimes bad things happen to good people. Unfortunately, when things go wrong, you can find yourself in court dealing with legal action. Don’t go it alone. As experienced South Carolina litigators, we understand how to navigate the legal system for plaintiffs and defendants alike, and can help guide you through the process.
Litigation can be a stressful experience for individuals and businesses. Whether you are pursuing your rights or defending against allegations, the legal process can be overwhelming, confusing, and time-consuming. With court deadlines, procedural rules, and strategic decisions, there are significant consequences involved. Having a skilled attorney on your side ensures that you are not facing these challenges alone.
At Truslow & Truslow, we have decades of combined experience representing clients in state and federal courts throughout South Carolina. Our team of litigation attorneys is dedicated to protecting your interests and advocating for your position. We work tirelessly to achieve the best possible outcome for our clients within the bounds of the law.
Do You Want to File a Lawsuit or Are You Being Sued?
Initiating a lawsuit can be as simple as filing what’s called a “complaint.” However, there are also many procedures and regulations associated with a lawsuit that you may not be familiar with.
Should this matter even go to trial? What (or where) is the correct jurisdiction? Will there be discovery? What happens if the case doesn’t settle? What about if it does? Are there alternative ways to resolve my issues? All of these questions and more are why you need an experienced attorney by your side.
The decision to file a lawsuit or how to respond if you are sued should never be taken lightly. Legal proceedings can be expensive, time-consuming and emotionally taxing. An experienced lawyer can help you evaluate the strength of your case, potential risks involved and whether legal action is truly the best course of action.
Jurisdictional issues can determine whether a case is heard or dismissed. If a case is filed in the wrong court, it may be dismissed due to procedural requirements. Similarly, if a defendant fails to respond to a lawsuit, they may risk default judgments or losing their defenses.
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Understanding the Litigation Process
Litigation typically follows a structured process that begins with initial documents, such as complaints and responses. This is followed by the exchange of information through discovery, filing of motions and, potentially, trial. Each stage of this process requires careful planning, deep understanding of the law and strategic thinking.
Discovery, for example, allows both parties to request documents, take depositions, and gather evidence. While it can uncover critical information, discovery can also be intrusive and time-consuming without proper legal guidance. Effective use of motions can resolve key issues before trial or even dispose of a case entirely.
Plaintiffs and Defendants: We Represent Both Sides
Whether you are making a claim or responding to one, litigation requires a customized strategy. Plaintiffs need to prove their claims with adequate evidence and legal backing, while defendants need to identify weaknesses, argue defenses, and shield themselves from liability.
Our firm has experience working on both sides of the courtroom, representing both plaintiffs and defendants. This experience gives us a unique insight into how legal cases are constructed and challenged from different perspectives. Our balanced experience allows us to anticipate opposing arguments and effectively position our clients.
Types of General Litigation We Handle
Our attorneys provide legal advice and representation for those facing, but not limited to:
- Business Disputes
- Tort Litigation
- Contract Disputes
- Employment Disputes
- Insurance Disputes
Each of these areas presents unique legal challenges. Business disputes may involve complex financial matters, partnership disagreements, or allegations of unfair competition. Contract disputes often depend on the interpretation of specific language and fulfillment of obligations. Employment disputes may include unfair termination, discrimination, or wage claims. Insurance disputes often arise when insurance companies deny, delay, or underestimate valid claims.
Tort litigation can involve claims for personal or property damages, allegations of negligence, and disputes about fault and compensation. Our lawyers approach each case with a deep understanding of the relevant laws and a dedication to protecting our clients’ interests.
Business and Commercial Litigation
Business litigation can disrupt operations, damage reputations, and strain relationships. Whether you are a small business owner or an individual involved in a commercial dispute, seeking legal advice can help contain risk and protect your long-term interests.
Our firm assists clients with disputes involving contracts, partnerships, shareholders, vendors, and customers. We aim to resolve conflicts efficiently, while minimizing disruption to your business. When litigation becomes unavoidable, our team will pursue your claims or defenses vigorously in court.
Alternative Dispute Resolution Options
Not every legal dispute needs to be resolved through a trial. Alternative dispute resolution (ADR) methods, such as mediation and arbitration, can provide faster and more cost-effective solutions. These methods can help preserve relationships and give you more control over the outcome.
Our lawyers will evaluate whether ADR is the right choice for your situation and will represent you during negotiations, mediation, and arbitration. If our efforts to reach a settlement fail, we will be prepared to take your case to court.
What Happens If a Case Goes to Trial?
Trial is often the most visible stage of the litigation process, but it can also be the most challenging. During trial preparation, our attorneys focus on preparing witnesses, presenting evidence, developing legal arguments, and advocating in court. Judges and juries carefully consider credibility, facts, and legal standards when making decisions.
We are experienced trial attorneys who prepare each case as if it were going to trial, even when settlement seems possible. This approach helps us strengthen our negotiation leverage and ensure that we are prepared to present your case effectively in court.
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Let Us Advocate for You
If you are a South Carolina resident or small business and you are facing a situation and need solid legal support, advice and assistance, our firm can provide you with the assistance you need. After our initial assessment of the matter, we will work with you to find the best result possible. Contact us today to schedule a consultation.
Common Litigation FAQs
Civil litigation is the process of resolving non-criminal disputes through the court system. You need a litigator when you have a serious legal dispute that cannot be resolved through negotiation or mediation, and you are either initiating a lawsuit (plaintiff) or defending against one (defendant). This includes conflicts over breached contracts, business partnerships, employment issues, insurance claim denials, or personal injuries (torts). A litigator navigates the complex procedural rules, builds your case, and advocates for you in court.
A lawsuit typically follows these stages: Filing & Service (drafting and serving the initial complaint); Response (the defendant files an answer or motion to dismiss); Discovery (exchanging evidence through depositions, interrogatories, and document requests); Pre-Trial Motions & Settlement Negotiations; and, if no resolution is reached, Trial. Most cases settle during discovery or pre-trial negotiations. Our role is to guide you through each phase while aggressively pursuing your goals.
This critical decision is based on a strategic cost-benefit analysis. We weigh the strength of the evidence, potential damages awarded at trial versus settlement offers, the total cost of litigation (in time, money, and stress), and the risks involved. Our deep courtroom experience allows us to give you a realistic assessment of your chances at trial. We often use the leverage of being fully prepared for trial to negotiate the most favorable settlement possible.
Discovery is the pre-trial phase where both parties investigate the facts of the case by gathering evidence from each other and third parties. This includes depositions (sworn out-of-court testimony), document requests, and interrogatories (written questions). A thorough discovery process is vital—it can uncover the evidence needed to win, expose weaknesses in the other side’s case, and often prompts a favorable settlement. We are skilled at using discovery strategically to build leverage.
We represent individuals and small-to-mid-sized businesses in a wide range of commercial disputes. This includes breach of contract (failure to deliver goods, pay for services, etc.), business torts (like fraud or interference with a contract), partnership/shareholder disputes, debt collection, and enforcement of non-compete agreements. We work to protect your financial interests and resolve conflicts efficiently, whether through negotiation, mediation, or trial.
Absolutely. Insurance companies often deny valid claims for property damage, business interruption, or liability coverage. We analyze your policy, the denial letter, and the underlying facts to challenge the insurer’s decision. This often involves detailed litigation to prove the claim is covered under the policy language. We fight to hold insurers accountable to the contracts they sold and secure the coverage you are owed.
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