Civil Litigation
Civil Litigation
Civil litigation is a legal process used to resolve disputes between individuals, organizations, or between individuals and organizations. It is concerned with with cases where one party wrongs another. For example, if your car is hit, but the insurance company won’t pay, you would have a civil case.
What is Civil Litigation?
Civil litigation is what you think of when you picture a courtroom, unless you think of a trial where someone has been arrested. The court cases involving someone who was arrested and is being tried is criminal court resolution.
Civil cases are all those other cases, like car accidents, breach of contract, insurance disputes, disputes with former employers, and the like. In civil cases, the plaintiff (that would be you), sues another person or company, known as the defendant.
What is the process for Civil Litigation?
Usually, the plaintiff first tries to negotiate because that is the fastest way to “win” a case. Second, the plaintiff files a complaint. Next, the defendant answers. After that, the parties conduct discovery. Then, they engage in motion practice. The parties should go to mediation, and, if all else fails, they go to trial.
How Long Does It Take?
After we file a “standard” case (like a car accident or insurance dispute), the case goes to trial in about one year. However, if the case is a complex case involving pharmaceuticals, the entire case takes much longer. In addition, federal cases last longer. As a result, we try to stay in state court.
Why Would Someone Get Involved in Civil Litigation?
For the party bringing the lawsuit (the plaintiff), it means a chance to seek remedy for a grievance. For the defendant, it represents an opportunity to contest the plaintiff's claim or present their own side of the story1. The outcome is decided by a judge or a jury based on the evidence and legal arguments presented by both sides
Tips if You Are Considering Bringing a Case
(1) Call a lawyer sooner rather than later. The statute of limitations may run out on your civil case faster than you think.
(2) Don't sugar coat it when you talk to your lawyer. The good, the bad, and the ugly will come out in discovery. It's better for your lawyer to be ready for it when it comes.
(3) Never get rid of anything that could be evidence, regardless if it is good for you or bad for you. If you are caught destroying evidence that is bad for you, you could be in for serious sanctions.
(4) Realize that your case may take awhile. Civil litigation goes much slower than criminal litigation.
