-
Criminal Defense
-
Personal Injury
North Carolina
Civil Litigation Attorneys
250+ Reviews and counting
From contract issues to business conflicts, we represent clients in a wide range of civil matters. Schedule a consultation to discuss your case.
Take the first step. Click below to schedule your case review today.
Civil litigation isn’t just another legal term—it’s the formal process of resolving matters through the court system when other methods fail. These cases determine whether you’ll recover money after someone harms you, protect your business from competitors who break agreements, defend your property rights against encroachment, or clear your reputation after false accusations.
At DeMent Askew Johnson & Marshall, our civil litigation attorneys bring decades of trial experience to courtrooms across North Carolina, turning complex legal challenges into clear paths forward for our clients.
Civil litigation covers any legal matters that aren’t criminal in nature. These cases typically involve:
Unlike criminal cases where the state brings charges, civil litigation happens between private parties—individuals, businesses, or organizations seeking to resolve matters through the court system.
What makes North Carolina civil litigation particularly challenging is the state’s contributory negligence rule. Under this strict standard, if you’re even 1% at fault, you might be completely barred from recovery. This makes having experienced trial counsel essential.
Our attorneys represent clients throughout Raleigh and across North Carolina in a wide range of civil matters:
Our attorneys handle contract litigation, partnership conflicts, business torts, and unfair competition issues. We help with trade secret protection and non-compete enforcement when valuable business interests are at risk. We also guide clients through complex business dissolution when partnerships or companies must end.
Insurance companies often deny valid claims, hoping you’ll walk away. We help clients facing claim denials, bad faith practices, underpaid claims, and insurance coverage matters. When insurance companies unreasonably delay processing or deny legitimate claims, our attorneys hold them accountable.
Property litigation can threaten your home, investment, or business location. We handle construction defects, property boundary issues, title and landlord-tenant conflicts. Our team also addresses contractor disagreements and real estate transaction problems when deals fall apart or terms are violated.
False statements can devastate your reputation, career, and personal life. We represent clients in online defamation cases, business reputation attacks, and professional slander situations. Our attorneys help restore your good name and seek compensation for damages caused by others’ false statements.
When professionals fail to meet standards of care, the consequences can be devastating. We handle medical malpractice, legal malpractice, accounting negligence, and errors by architects or engineers.
These complex cases require both legal skill and technical knowledge—areas where our firm excels.
The civil litigation journey typically follows these steps:
1. Case Evaluation: Our attorneys carefully review your situation, relevant documents, and legal options to determine the best path forward.
2. Complaint Filing: If we decide to move forward, we file a complaint (if you’re the plaintiff) or respond to one (if you’re the defendant) within strict deadlines set by North Carolina Rules of Civil Procedure.
3. Discovery Phase: Both sides exchange information through:
4. Pre-Trial Motions: We may file motions to:
5. Settlement Negotiations and Mediation: Most civil cases settle before trial. North Carolina requires mediated settlement conferences in Superior Court civil cases, where a neutral mediator helps parties reach agreement.
6. Trial: If a settlement isn’t possible, we present your case to a judge or jury, showcasing evidence and witness testimony to support your position.
7. Post-Trial Matters After trial, we handle:
During your initial consultation, we’ll discuss which approach makes the most sense for your specific situation.
Civil litigation requires more than knowledge of the law—it demands courtroom skill, strategic thinking, and the ability to tell your story convincingly to judges and juries.
Our attorneys:
Our goal isn’t just winning cases—it’s finding the best resolution for your specific situation.
We understand how disruptive civil conflicts can be to your life, your family, or your business. That’s why we take the time to listen to your concerns, explain your options, and build a strategy tailored to your unique circumstances. Our goal is to protect your rights and help you move forward with confidence.
Your consultation is completely confidential. Call us today or complete our online contact form to get started.
Serving clients in Raleigh, Durham, Orange, Carteret, and Chatham Counties, and throughout North Carolina.
Wake County
Carteret County
Durham County
Orange County
Chatham County
Johnston County (Smithfield courthouse only)
Most civil claims in North Carolina must be filed within 3 years, but some have shorter deadlines. Personal injury claims generally must be filed within 3 years, contract lawsuits within 3 years for oral contracts and 3 years for written contracts, with contracts for the sale of goods falling under a 4-year UCC limitation. Miss these deadlines, and you lose your right to sue forever.
Mediation involves a neutral third party who helps both sides reach a voluntary agreement, but can’t impose a decision. Arbitration is more like a private trial where the arbitrator hears evidence and makes a binding decision. North Carolina courts often require mediation before trial, while arbitration is typically chosen through contract agreements.
Generally, each party pays their own attorney fees in North Carolina civil cases (the “American Rule”). However, exceptions exist for certain contract lawsuits where the agreement specifically allows fee recovery, some consumer protection cases, and situations where a party acts in bad faith during litigation.
No, most civil cases settle before trial. However, we prepare every case as if it will go to trial, which often leads to stronger settlement positions and better outcomes regardless of whether a judge or jury ultimately decides your case.
If properly served with a lawsuit, a defendant who fails to respond within 30 days may have a default judgment entered against them. This means you essentially win automatically. However, collecting on that judgment often requires additional legal steps such as wage garnishment, bank account levies, or property liens, depending on the defendant’s assets.
5.0
5.0
5.0
