Serious Trial Lawyers for Serious Matters.
We’re in your corner when you need us most.
The fact is that there are times in your life or your business where litigation is simply unavoidable. Whether you’re facing a lawsuit as a Defendant, or you’re thinking of filing a lawsuit as a Plaintiff, our team of trial lawyers has a track record of success in a variety of legal matters at the highest levels. Throughout our careers, we have repeatedly ensured that the rights of our clients are vigorously defended or pursued. If you or your business are involved in a lawsuit or are contemplating filing a lawsuit, our team of trial lawyers offers free consultations to all prospective clients.
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Dennis E. Sawan
Licensed in Ohio and Florida
Dennis P. Sawan
Licensed in Ohio and Georgia
Christopher A. Sawan
Licensed in Ohio and Michigan
We Will Fight For You.
Your rights are the most important and valuable thing that you have. We apply this philosophy to every individual or organization that we fight for. We think that is our highest duty to hold the principles of our legal system and we fight tirelessly to ensure that the procedures, rules of evidence, and other aspects of the justice system are strictly followed and applied fairly. Whenever justice is on the line, we’re in your corner.
Litigation Practice Areas
Civil Litigation
The reality is that most cases in the United States do not ever see a trial because they add in some form of pre-trial settlement. Effect only about 1 in 20 civil cases and up in front of a judge or jury. This means that it’s vital to your legal strategy that you consider and plan for the potential for pre-trial settlement. Our team of trial lawyers have experience building a case during the pre-trial process that entices opposing parties into settling for reasonable sums.
However it’s also important to remember that statistics seem to indicate that personal injury trials in particular favor of the plaintiff. According to recent statistics, over 90% of personal injury cases that go to trial end up resulting in victory for the plaintiff. This evidence suggests that pretrial settlement may not always be in the best interest of the plaintiff. Because of this it’s important that you speak to a qualified trial lawyer as soon as possible after a case arises so that you can fairly and objectively determine the best course of action.
State v. Federal Lawsuits
The appropriate location to file a civil lawsuit is very fact specific inquiry. The term venue describes the appropriate location to bring any specific type of claim. On the other hand, jurisdiction refers to the power of a court to hear a specific type of case. For example bankruptcy cases are typically filed in the federal bankruptcy court for the district in which the bankruptcy occurs. The first step to finding any lawsuits to determine where the proper venue lies, in which court has jurisdiction over the claims. In general the federal and state rules governing civil procedure are fairly uniform, but it’s important to understand the unique local rules of court you are filing in.
The Civil Complaint
The fact is that there are times in your life or your business where litigation is simply unavoidable. Whether you’re facing A lawsuit as a defendant, Or you’re thinking of filing a lawsuit as a plaintiff, Our team of trial lawyers has a track record of success in a variety of legal matters at the highest levels. Throughout our careers we have repeatedly ensured that the rights of our clients are vigorously defended or pursued. If you or your business are involved in a lawsuit or are contemplating filing a lawsuit, our team of trial lawyers offers free consultations to all prospective clients.
Answers, Counterclaims and Crossclaims
After the complaint is served on the defendant, they are usually afforded 28 days in which to file a formal answer responding to the allegations. At times the defendant may also wish to file a counterclaim asserting any claims that the defendant may have against the plaintiff. It’s important to remember that you need to bring Some counter claims that arise out of the same transaction or occurrence, or risk losing the ability to bring it in the future. In circumstances where there are multiple defendants, defendants may wish to assert claims against one another which is referred to as a cross claim.
Default Judgment
Every court in which a lawsuit is filed has different rules for the timeframe of response. However all courts have provisions that govern when an answer is untimely and the consequences of that. In general, the consequence of not filing an answer when you’ve been served with the complaint is referred to as the default judgment. Default judgment is a mechanism that grants the relief requested in the complaint to the plaintiff. Since that judgment is granted by default, there’s often not an adversary proceeding and the defendant waives any defenses they may have had.
Discovery
The discovery process is one of the most important and unique characteristics of a civil lawsuit. Discovery refers to a period of time between the filing of the complaint and trial in which the parties are granted the ability to discover information about one another. I brought array of information can be gathered through this process, but it’s important to be thorough and organized as you proceed through discovery. In general, written discovery will include things such as interrogatories, requests for production, and requests for admission.
- Interrogatories: Questions that must be answered, exchanged by the parties, subject to court oversight if the questions are too burdensome or not within the scope of discovery.
- Requests for Production: Asks the party to send copies of documents; RFP request access to inspect evidence another party may have in their possession, such as documents, photos, videos; or RFP can request access to the site of an incident if the site is on the Defendant’s property, for example.
- Requests for Admissions: Documents asking a party to admit to certain facts or to admit the authenticity of documents or things.
- Subpoenas: A document signed by an officer of the court (attorneys are officers of the court), requiring a person or company to produce documents and/or appear in person to testify about documents or incidents that pertain to the suit in question. However, the court will not allow for overly burdensome requests or undue expense; and privacy issues sometimes arise, so disputes are often resolved by the court as the litigation proceeds.
Depositions are another often utilized discovery mechanism, which involves placing individuals under oath and asking them a series of questions to gain valuable information about your lawsuit. Depositions are important because they establish testimony, and can be invaluable if individual attempts to recant or change their testimony later in a trial or a court proceeding. There is an art to conducting depositions, and our team of lawyers have extensive experience in this area.
Motion Pleading
No matter how cordial the relationship is between counsel, it’s nearly inevitable that disputes will arise during the course of a lawsuit. Most commonly this involves matters related to discovery. When these issues arise and cooperation is not possible, it’s necessary to involve the court to resolve the dispute. This is generally referred to as motion pleading, which is an incredibly strategic process of convincing a court of your position. Our team of lawyers has extensive experience successfully bringing and winning motions of all varieties.
Pre-Trial Mediation
The old adage says that a slim compromise is better than a fat lawsuit. As litigators, we recognize that the expense of litigation can Austin be far too burdensome in comparison to the benefit of mediated resolution. Mediation is also typically confidential, which can help individuals or businesses maintain some level of discretion over what information is made public. How many Courts, pre-trial mediation will be ordered to prompt the parties to discuss settling the dispute in formally. In the interest of efficient resolution, In many cases our team of lawyers prefers to seek a resolution to remediation where possible. However if it’s not possible, our team of lawyers stands ready to try a case anywhere and at anytime.
Trial
If after all of the aforementioned stages, the parties are unable to come to a resolution, then the matter will proceed to trial. At the election of the parties, the case can either be tried to a judge or a jury. This decision is a complicated one and it’s advisable to discuss this with a competent litigator before committing to a decision. Trial is an incredibly detail oriented and nuanced experience, and our lawyers have proven repeatedly that they have what it takes to win.
At Sawan & Sawan, our trial lawyers have over 35 years of combined experience presenting, winning and negotiating civil lawsuits. If you have any questions about a civil lawsuit – call today and speak with a lawyer from Sawan & Sawan at 419-900-0955.
Dennis E. Sawan
Licensed in Ohio and Florida
Dennis P. Sawan
Licensed in Ohio and Georgia
Christopher A. Sawan
Licensed in Ohio and Michigan
Contact an Attorney today to discuss your case.
At Sawan & Sawan, we offer free initial consultations. We represent clients in Ohio, Georgia, Michigan and Florida. From our family to yours.
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