21 Aug More on Civil Law
Civil cases range from personal injury or car wreck, type cases all the way to small claims matters and everything in between. It is a general classification for a wide range of issues, many of which are handled by Wagner and Lynch. The court system is meant to be able to address grievances of all sorts. That does not mean that every lawyer can handle every case. We have a wide network of folks who handle issues that issues we do not – so whatever the issue, tort, property, contract, or small claims, we can help you out.
You have all probably seen the commercials – if you or a loved one have been injured in a car wreck/tractor trailer wreck/heavy equipment/slip and fall – call us now! You just haven’t seen them from us. We handle injury cases that folks that know and trust us bring to us to help with. We provide a personal touch that is tempered with our vast experience. We have collected millions of dollars for people who were hurt due to the negligence or reckless disregard of others. Additionally, we have a referral network of people around the state and country that can help you if we cannot.
These range from hundreds of dollars to hundreds of thousands of dollars – and we have handled all types. Contracts are just agreements – usually reduced to writing – and addressed in Oklahoma code in Title 15 and other places. Disputes arise, generally, when one party or both breach or allegedly breach one of the terms. For items under $10,000, you can generally go to small claims court. These rules can be found in Title 12 beginning at section 1751. A lot of people try to handle these matters themselves, but that can be trouble. Additionally, if you are righteous in your claim and prevail – the losing party may be responsible for your attorney fees. For large disputes, you can’t use the small claims procedure and cases can be much more involved and time-consuming. For contracts involving real property and the sale of goods over $500, writing is required. The time for having counsel is not after you have a dispute, but when you are entering a contract. We can help make sure you are protected.
Property cases involve easements, adverse possession, partition, and quiet title suits to name a few. An easement is a written agreement for the use of a particular portion of land. Easements can be earned by purchase or transfer, implication, necessity, or prescription. All of these require different things and may require an attorney to draft them. For instance, an easement by implication can arise when someone sells a part of their property that is accessible by a portion that they did not sell. That creates a dominant and servant estate and an easement may be granted over the servant estate. An easement by prescription is a lot like an adverse possession. If you openly, notoriously, continually, and without permission use a road or occupy space, you may acquire the right to own the same or have an easement over the same. Partitions are where multiple people have shared ownership of something and it needs to be divided or sold and the proceeds divided. In addition to handling these matters in district court, we have handled several appellate issues where we have been successful including Reasnor v. Davis where we won our client’s interest in a piece of property and had the ruling affirmed, and Smith v. Medlock where we secured our client her ½ interest in a piece of property that she was denied access to.