Civil Litigation
Helping Clients Through Difficult Cases and Circumstances
If you are caught up in a legal dispute, you may be feeling overwhelmed. You may have someone who has harmed you and want to know about your legal options, or someone may have threatened you with (or already initiated) a lawsuit. You may have been injured through someone else’s fault. In any case, you need a civil litigation lawyer who can answer your questions and protect your interests.
We understand how stressful it can be to be involved in a civil litigation dispute. At Resolvere Law, as experienced civil litigation attorneys we handle virtually all types of civil litigation matters, including business disputes, contract disputes, real estate disputes, construction claims, and personal injury cases.
From our Phoenix office we serve clients throughout Maricopa county and statewide, and we represent clients in both Arizona state courts and federal courts. Regardless of whether you may need to initiate a lawsuit or defend against one, the right civil claims lawyer can change the trajectory of your case.
If you are facing a lawsuit or need to learn about your rights to initiate legal action against someone else, we invite you to call us at (480) 568-1327 for a consultation or reach out through our contact page. One of our civil litigation attorneys can review your case, explain your options, and answer your questions.
Civil litigation covers a variety of non-criminal disputes and legal issues, such as contract breaches, real estate sales and property issues, employment conflicts, business disagreements (including those involving business owners), and personal injury claims. Civil litigation lawyers and civil claims attorneys represent clients by advising on case strategy and options, evaluating a claim’s viability, estimating the potential damages at stake, and advancing client interests through either pursuing monetary compensation and/or specific court-ordered actions or by defending against claims brought by the oppenents.
Civil lawyers in Phoenix navigate the complex procedures of Arizona’s state and federal courts to resolve private disputes between individuals, businesses, and other parties. The work begins with a careful look at the facts and the contract or relationship at the heart of the dispute, followed by a strategic plan that fits the client’s goals.
As experienced civil litigation attorneys, we handle a wide variety of cases throughout Arizona. The civil law matters that we most frequently see include:
This list is not exhaustive. If you face a civil case or other legal action involving financial losses, physical injury, emotional trauma, or damaged property, we encourage you to contact us. Our civil dispute attorneys have extensive experience handling complex cases across these and other categories and the related practice areas.
Civil litigation cases in Arizona are filed in different courts depending upon the underlying nature of the claim and the amount in controversy.
The Small Claims division of the Justice Court handles the smallest disputes, generally those up to $5,000, through an informal process where attorneys are not used and there is no right to appeal.
The Justice Courts have exclusive jurisdiction over civil cases where the amount in controversy is $10,000 or less, so claims that are too large for Small Claims but do not exceed $10,000 are filed in the Justice Court civil division, where attorneys are allowed and the standard rules apply. Cases where the amount exceeds $10,000 are filed in the Maricopa County Superior Court.
In Arizona, matters involving federal claims or parties from different states are filed in the United States District Court for the District of Arizona.
Civil litigation covers a broad range of disputes, but a handful of case types are more frequent than others. Each case type has its own legal framework under Arizona law, its own evidence demands, and its own strategic considerations. As Arizona civil litigation lawyers, we frequently see cases involving the six categories below, as these account for a large share of the civil cases in Phoenix and across Maricopa County.
Personal injury claims occur when one or more persons cause physical injury to another person. In Arizona, when a person is injured by someone else, the person is entitled to sue those responsible for causing injuries for all of the damages directly related to the injury. Damages frequently include those for medical expenses, lost work time, and pain and suffering.
Damages include not only those incurred prior to the lawsuit, but also those currently being experienced by the injured person as well as those that are expected to be suffered in the future. In severe injuries in which a person may be permanently disabled, damages for future care, lost work, and loss of the ability to participate in activities once enjoyed can sometimes reach into the millions of dollars. As a result, an experienced Arizona personal injury lawyer is needed to prove both fault and the full extent of all damages suffered.
Contract disputes happen when the parties to an agreement interpret their obligations differently or when one party fails to perform. The classic forms are nonpayment, defective performance, late performance, and outright refusal to perform.
Arizona recognizes claims for breach of contract, breach of the implied covenant of good faith and fair dealing, and related theories, and the available remedies range from money damages to specific performance to rescission of the agreement. The written contract governs most of these disputes, which is why careful review of the contract language is the first step in any contract case. Our breach of contract and contract litigation practices cover the full range of these matters.
Many contract breach disputes turn on the language of a written agreement, but others turn on the conduct of the parties and the duties that Arizona law imposes even without a written contract.
Timing matters in contract disputes. In Arizona, the statute of limitations is generally six years for a written contract under A.R.S. Section 12-548 and three years for an oral contract under A.R.S. Section 12-543. However, there are additional statute of limitations deadlines that are sometimes shorter that apply to specific matters, such as for the sale of goods and employment agreements.
The deadline for filing a case will be important in all matters. As a result, if you are considering bringing a lawsuit, it will be critical to speak with an experienced Arizona civil litigation attorney as soon as possible to learn about the deadline that will apply in your matter so that your fight to file a lawsuit can be preserved.
Arizona also allows the prevailing party in a contract dispute to recover reasonable attorneys’ fees under A.R.S. Section 12-341.01, which can shift the cost-benefit math of pursuing or defending a claim and possibly taking a case to trial. We discuss that fee-shifting possibility with every contract client because it directly affects strategy.
In addition to contract disputes, other business disputes arise when two or more parties in a commercial relationship disagree over rights, obligations, or money. These cases include partnership and shareholder conflicts, disputes over operating agreements, claims of breach of fiduciary duty, fights over the dissolution or sale of a business, disputes concerning confidentiality agreements and non-compete agreements, and disagreements between companies and their vendors, customers, or competitors.
When a business dispute cannot be resolved through negotiation, the next step is often litigation in the Maricopa County Superior Court or arbitration under a clause in the underlying agreement. Our business litigation and partnership dispute practices handle these matters from the first demand letter through trial.
What makes business disputes distinct is how much is usually at stake beyond the dollars in the immediate claim. A dispute between business partners can threaten the continued operation of the company. A fight with a key vendor can disrupt an entire supply chain. Because of that, our approach to business disputes takes into account a client’s broader commercial goals wh developing a civil litigation strategy. We look for resolutions that protect and are the most favorable to the business itself.
Property damage claims involve harm to real or personal property caused by another party’s conduct. These cases include damage to a building or land caused by a neighbor, a contractor, or a tenant, harm from flooding or fire traced to someone else’s negligence, destruction of business equipment or inventory, and diminished property value caused by a third party’s actions.
The core questions in a property damage civil litigation case are who caused the damage, whether that party is legally responsible, and how to measure the loss. Measuring the loss can be more complicated than it sounds, since Arizona law sometimes limits recovery to the cost of repair and other times allows recovery for the diminished value of the property, depending on the circumstances.
Property damage claims frequently overlap with insurance coverage disputes, because the property owner’s first move is usually to file a claim with their own insurer or to pursue the responsible party’s liability coverage. When the insurer pays, the dispute may shift to a subrogation fight between insurance carriers. When the insurer refuses to pay, the property damage claim and a coverage dispute proceed together. Our civil litigation attorneys handle both pieces so the client is not left coordinating between separate lawyers on related claims.
Insurance coverage disputes arise when a policyholder believes a claim is covered and the insurance company disagrees or disputes that amount owed. Carriers deny claims for many reasons. Some denials are legitimate, based on a genuine exclusion or a gap in coverage. Many are not.
Coverage disputes turn on careful reading of the policy language and on questions like whether a particular event falls within the covered perils, whether an exclusion applies, whether the policyholder satisfied the notice and cooperation conditions, and how much the carrier is required to pay. These cases require both close contract analysis and a working knowledge of how Arizona courts have interpreted similar policy provisions. If your carrier has denied a claim that you believe is covered, the denial letter is not the final word, and the timing of any challenge matters because policies and Arizona law both impose deadlines for contesting a denial.
It’s also important to understand insurance bad faith law in Arizona. Arizona law requires insurance companies to act in good faith and to deal fairly with insureds in evaluating claims. Insurance companies that do not act in good faith and deny claims without good cause or who unduly drag out the claims process can be liable to the insured for a bad faith claim. A bad faith claim can give rise to damages beyond the policy limits, including consequential damages and, in cases of serious misconduct, punitive damages. As a result, part of being a civil litigation lawyer in an insurance dispute will be to determine whether a case for bad faith exists, and if so, to represent a client in seeking appropriate compensation.
Construction defect claims involve defects in the design or construction of a building that make it unsafe, fail to meet code, or fall short of what was promised. The defects fall into three broad categories, which are design defects, material defects, and workmanship defects, and they often surface months or years after the project is finished. These cases are some of the most technically complex in civil litigation, because they usually require coordinated investigation between counsel and qualified industry consultants who can document the defect and trace it to a specific scope of work and a specific responsible party. Our construction litigation practice handles construction defect claims for owners, contractors, and other project participants.
Arizona law adds a layer of procedural complexity to construction defect claims. The Purchaser Dwelling Act, codified at A.R.S. section 12-1361 and the sections that follow, require homeowners to give builders written notice and an opportunity to repair before filing a residential construction defect lawsuit. Construction defect claims are also subject to the Arizona statute of repose, which generally bars actions brought more than eight years after substantial completion of the improvement. Because these deadlines are strict and the investigation takes time, construction defect claims reward early involvement of counsel more than almost any other civil litigation matter.
The exact civil litigation process will depend upon the particular subject of the dispute, but often involve the following:
Investigation comes first.
When a client comes to us either because they have been harmed and are seeking relief or if they are threatened with a lawsuit (or are being sued), the first step in the process will involve a comprehensive investigation. Depending upon the specific nature of the lawsuit, the investigation often includes:
The investigation focuses on gathering evidence related to liability and damages so that a A strong factual foundation can be developed.
Once the initial investigation is done, the next step consists of case assessment and strategy development. As Phoenix civil litigation lawyers, our role is to analyze the initial the information that has been identified in the initial investigation, apply the law to the facts, present our honest assessment of the case to our client, and answer any questions that our client may have.
As part of the client discussion, we will also provide the options that may be available and our recommendations based upon the client’s objectives. Once an option or path has been chosen, the next step is to develop a litigation strategy designed around achieving a client’s objectives.
Pleadings are the formal documents filed with the court that frame the dispute. The plaintiff files a complaint that states the legal claims and the relief being requested. The defendant files an answer responding to the allegations and raising any defenses or counterclaims. In Arizona state court, pleadings follow the Arizona Rules of Civil Procedure, which differ in important ways from the federal rules of civil procedure that apply in U.S. District Court. Otherwise, if a case is subject to federal court jurisdiction, the federal rules of civil procedure will apply.
The longest phase of litigation is the discovery phase. Both sides exchange information and evidence through depositions, written interrogatories, requests for production of documents, and requests for admission. Discovery often involves reviewing agreements, contracts, communications between parties, financial records, and electronic evidence. The Arizona Rules of Civil Procedure place limits on how much discovery each side can conduct, and disputes about scope and proportionality are common.
Pretrial motions are legal arguments made before trial. Motions to dismiss can knock out weak claims early. Motions for summary judgment can resolve all or part of a case before trial when the facts are undisputed and the law clearly favors one side. Motions in limine address what evidence the jury will hear. A favorable pretrial ruling often drives the case to settlement on better terms.
Settlement negotiations can take place throughout the dispute process, including before a lawsuit is filed right up until trial. Settlement negotiations are critical, as it will usually be in a litigant’s best interest to see if a dispute can be settled prior to trial on favorable terms.
Throughout any dispute, we are well-aware of the disruption that a legal dispute can have on any person involved, regardless of whether the matter at hand is a business dispute or another type of dispute. Our role is always to seek to resolve a dispute on the terms that are favorable to our client, with the goal of seeking to minimize disruption, legal fees, and other costs.
If the case does not settle, it goes to trial. Each side presents its evidence and argument to the judge or jury. Witnesses testify, documents come into evidence, and lawyers make opening statements and closing arguments. At trial, the court or jury determines liability and the amount of damages. Most civil cases settle before this stage, but our civil litigation trial attorneys prepare every matter as though it will be tried in front of a Maricopa County jury, because that preparation is what often makes settlement productive.
If either side is not happy with the trial outcome, an appeal can be filed. A higher court reviews the case to see if any legal errors were made during the trial. New evidence generally cannot be introduced on appeal, and the focus is on legal error rather than re-trying the facts. As experienced litigators, our team handles civil appeals in addition to trial work.
Negotiation and mediation are often used to reach settlements in civil cases before trial. Alternative dispute resolution, commonly called ADR, is widely used to resolve civil disputes in Phoenix because it avoids the cost and delay of a full trial. ADR also gives the parties more control over the outcome and can preserve business relationships that would not survive an extended court fight.
Mediation involves a neutral third party who facilitates negotiations between the parties without imposing a decision. The mediator works with each side to explore settlement options and find common ground. Mediation is confidential, flexible, and often faster than litigation, which is why many Arizona contracts require mediation before a lawsuit can move forward.
Sometimes mediation is voluntary; other times it may be required by the court or even required by way of a contractual agreement. As Phoenix business mediators, we have long represented clients in mediations, and in many cases we have achieved a complete and favorable resolution for clients as the result of mediation.
Arbitration involves presenting the dispute to a neutral decision-maker, called an arbitrator, who issues a binding or non-binding ruling depending on what the parties agreed. Arbitration can have a number of advantages. It usually can take place much earlier than a trial. The parties to a dispute can craft the terms of the arbitration proceeding, including matters such as the evidence that can be introduced and the parameters concerning the arbitration award.
Arbitration in Maricopa County is mandatory for civil cases valued under $50,000, and many commercial contracts also require arbitration as the agreed forum. Our alternative dispute resolution practice handles both mediation and arbitration across business, real estate, construction, personal injury, and other civil law matters.
As an Arizona civil litigation law firm, our attorneys and legal professional have years of experience helping those involved in disputes or seeking to get fair compensation for a personal injury. The first step is helping you understand your legal rights and options, because having someone on your side who understands the law and can protect your interests is often the difference between a good outcome and a poor one. Beyond that, we handle the legal action itself, including gathering evidence, building the case, managing the paperwork and court appearances, and advocating for a client’s interests throughout the process.
Our legal team manages every phase of a civil case, including the following:
Throughout the case, our Phoenix civil lawsuit attorneys provide personal attention rather than the impersonal handling that many attorneys at larger firms offer their clients.
Every case is different, and no ethical attorney can promise a favorable outcome.
What we can promise is a careful analysis of your case, a strategic plan that fits your goals, and focused representation through every phase of the legal proceedings.
With the support of our team, the goal is to do everything reasonably possible to win or favorably resolve your case in a cost-effective manner, whether through trial, settlement, or alternative dispute resolution. Our extensive experience across civil claims, personal injury cases, and commercial disputes allows us to give clients an honest legal assessment of their matter.
Client feedback is one of the best ways to evaluate a law firm, particularly for civil litigation matters where the working relationship between attorney and client matters as much as the legal strategy. The following testimonials come from clients who worked with our law firm on variety of litigation and civil law matters. You can read more reviews on our website.
“Mark, did great and handled what the other party should have handled in prepping and final docs that were submitted a few times. He was fair in his process, not aggressive but not soft.” Erica M., Phoenix, AZ
“Mark responded very quickly to my online request for consultation and gave me focused attention and consideration in review of my case when we spoke. He is articulate, fast thinking.” Donna B., Phoenix, AZ
“I found Mark online looking for trustworthy attorneys in the area. Scheduled a phone consultation and got a call back the same day. Set an appointment and he made the process smooth.” Colby C., Phoenix, AZ
Additional reviews from clients across our civil litigation, business litigation, and real estate practice areas are available on our Reviews page.
Resolvere Law is a boutique Phoenix civil litigation law firm focused on civil litigation, with substantial experience across business and commercial disputes, real estate matters, construction claims, and personal injury cases. Our attorneys each intentionally carry a manageable caseload, which means every matter receives real attention from a lawyer. You will not be passed off to a paralegal you have never met.
Our law firm’s approach to every civil case starts with understanding the client’s best interests and developing a strategy that pursues those interests through whichever legal process makes the most sense. For some cases, that means initial consultations and phone calls focused on reaching a settlement before a complaint is ever filed. For others, it means filing a lawsuit on day one and moving aggressively through discovery. The right path depends on the facts, the strength of the claim, and what the client actually wants to achieve. Our personal attention to each matter, combined with extensive experience across multiple dispute types, lets us identify and implement legal strategies that will move a case forward most efficiently.
Yes. While our office is in central Phoenix, our civil litigation lawyers handle cases throughout Maricopa County and across Arizona, including in Scottsdale, Mesa, Glendale, Sedona, Flagstaff, Prescott, Payson, and Tucson.
Civil disputes do not get easier with time. Statutes of limitations run. Evidence gets harder to preserve. Witnesses move.
If you have been injured by someone else or if you are involved in a dispute, we invite you to Call our office at (480) 568-1327 for a case evaluation.
You can also learn more about our team on our by exploring our related practice areas including personal injury, intentional torts, business litigation, construction litigation, and real estate litigation. Our office is at 3101 N. Central Avenue, Suite 850, Phoenix, AZ 85012.
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