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Civil Litigation Law Attorney In Irvine

  • Civil court proceedings can be very stressful and confusing for non-lawyers to handle on their own. Small mistakes can be a crucial factor in the outcome of your case. When a legal battle disrupts your daily life, consider retaining an experienced attorney to advocate on your behalf.
  • I have been practicing law for over 40 years, and my firm will assist you in your civil case to help you obtain the best results and give you peace of mind throughout the process. I specialize in the following types of civil litigation:
  • Torts
  • Insurance claims
  • Breach of contract
  • Negligence
  • Construction litigation
  • Product liability & defects
  • Business Litigation
  • Personal Injury
  • Property Damage 

Tort Law

  • A tort is an injury caused by one person to another, which can take many forms when it comes to tort law. Tort law is designed to help victims to win compensation for their pain and suffering, medical bills, and lost wages relating to their case. The following will list the types of torts my office handles:
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  • -Intentional torts
  • Intentional torts are acts that are done with the intent of causing harm or injury to another person. Examples include assault, battery, false imprisonment, and intentional infliction of emotional distress.
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  • -Nuisance
  • Nuisance involves actions that interfere with a person’s use and enjoyment of their property. For example, a factory that emits noxious fumes that affect the neighboring properties can be held liable for nuisance.
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  • -Strict liability
  • Strict liability applies in situations where a person is held responsible for injuries or damages even if they were not negligent or acted with intent. For example, manufacturers of defective products can be held strictly liable for any injuries caused by the defects.
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  • -Defamation
  • Defamation occurs when someone makes a false statement that harms another person’s reputation. Slander involves spoken statements, while libel involves written statements.
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  • -Negligence
  • Negligence occurs when an individual or facility breaches their duty of care towards another person, causing injury or harm. For instance, a driver who causes an accident due to texting while driving can be held liable for negligence.
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  • -Product liability
  • Product liability refers to the legal responsibility of manufacturers, sellers, and distributors for injuries caused by defective products.
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  • If you have been negligently or intentionally harmed by another person or entity, I will fight for your right to obtain the compensation you deserve. 

Negligence

A tort of negligence claims that the defendant is to blame for the victim's personal injury because he failed to prevent it. For example, if a restaurant owner does not clearly mark a broken step at his establishment and a diner is injured, the restaurant owner may be found guilty of negligence. A personal injury attorney can help you determine if your case is one involving negligence. Negligence occurs when someone breaches their duty of care towards another person, causing harm or injury. For example, a driver who causes an accident due to texting while driving can be held liable for negligence.

Breach of Contract (Contract Dispute)

A breach of contract happens when there’s a failure to abide by a contractual agreement’s terms or as a result of an agreement violation when there’s interference with another’s party’s ability to fulfill contractual obligations. These contracts may be oral or written. If you have entered a contract with another person or company and they do not meet the obligations of your legally binding agreement, they are in breach of contract. In a business fraud case, we prove that you reasonably relied upon an intentional, reckless, or negligent false statement they made that caused you to lose money. The fraudulent statement can be verbal or in writing. The writing could be a text, email, handwritten, or formal contract. The false statement could relate to a business transaction, real estate transaction, loan, investment, or similar situation. If we prove fraud, you may recover not only your contract loss, but the substantial penalty of punitive damages. - Material vs. ImmaterialA breach of contract may be categorized as material or immaterial, depending on the kind of damage caused by the at-fault party. A material breach has most likely occurred if the party has failed to perform their obligations in a manner that makes it impossible for the contract to be fulfilled. In cases where results vary significantly or a party obtains substantially less gains, the material breach can cause you serious financial harm and you are entitled to compensation for such damages. An immaterial breach (also called partial breach) occurs when most of the duties stipulated in the contract have been performed, but not all of them. This can still cause you problems, and you can still seek damages.
In a California breach of contract, business fraud, or unfair business practice case, we analyze the concepts of performance, breach, and monetary loss (damages): - Monetary LossActual Damages: For a breach of contract, you may recover the amount required to compensate you for the breach or the reasonable value of the services. [Civil Code 3300]. In addition to actual damages, you may also be entitled to consequential damages such as reasonably certain lost profits, expenditures incurred in reliance on the contract, or liquidated damages if the contract has a reasonable predetermined fixed penalty. [Civil Code 3287(a)] Interest Damages: If your loss is a definite amount (or capable of being made certain by calculation) and the right to recover was vested on a certain date, you are entitled to add interest from that date through the date of judgment at up to the judicial rate of ten percent (10%) interest per year. [Civil Code 3287] Punitive Damages: Although emotional pain & suffering is generally not compensable from a breach of contract, if there was an intentional fraud or theft, you may be entitled to recover a penalty that is often double or triple your actual loss if you can prove they have the assets to pay it. [Civil Code 3294] Attorney Fee Damages: If the written contract has a specific provision providing for attorney fees in the event of a default, you may be entitled to recover reasonable attorney fees. Alternatively, certain types of cases have statutory attorney fees imposed even if the contract does not contain an attorney fee provision. If the case is not settled before trial, the trial court awards the prevailing party its actual court costs, plus reasonable attorney fees by contract or statute.

Contact Me Now

To speak with me and learn how I can help you in your civil case, simply call my offices at 1-949-477-2277 or send a confidential email.
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Don’t hesitate to learn if you have a case. I offer completely free consultations with no obligations. Call 1-949-477-2277 or email frank@franknicholas.com now.