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We’ve all seen shows where at some point there is a civil lawsuit and we’re brought into the courthouse along with the plaintiff and defendant both of whom are pleading their case to a judge. Maybe we know someone that’s been involved in a civil case and hear all about how their lawyer fought their case and they won and have been compensated in some way or form. It all seems interesting and a bit overwhelming.
If you ever find yourself in a situation that could lead to a civil lawsuit you might want to know a few things. Firstly, what type of charges or compensation do you require if any. Does your situation require a civil lawsuit or will it be considered frivolous? Do you need a lawyer to represent you? These are things to consider when dealing with possible civil litigation.
3 Important Facts You Should Know
There is a lot of information and ground to cover when dealing with any type of lawsuit. In this case, we will give you three important facts you should know about civil litigation.
1. It is not the same as a criminal case
The first and most important fact is knowing what exactly civil litigation is. Civil litigation is a legal proceeding where criminal charges are not involved. It is a case wherein two or more parties are unable to reach a settlement without outside intervention. Plaintiffs seek compensation or other damages from the defendants.
The standard of proof is less strict than that of criminal court proceedings. Attorneys must provide the evidence and produce a more convincing and solid case than their opponents. There are several types of civil cases and it will depend on your situation which one you’ll pursue.
Types of Civil Cases
- Personal Injury
- Medical Malpractice
- Divorce
- Landlord/tenants disputes
- Estates Litigation
- Business Disputes
This is just a small list of civil cases that can be filed. Your attorney will help you to decide and understand what you should be filing.
2. It is not a quick process
The next important fact to understand is how it all works. There are few steps that the proceedings are divided into. Your particular case may not make it through to all the stages but this is the general format that is followed. The stages are as follows:
- Investigation
- Pleadings
- Discovery
- Settlement or a trial
- Appeal
Most cases end at the investigation stage or don’t make it to court. Lawyers typically try to settle out of court especially if it seems unlikely that their client will win the trial. If it does make it to court the case can take months or sometimes several years to reach a verdict. Having a good attorney can be the difference in whether or not you win your case or reach a satisfactory settlement. Knowing the top reasons why having an able attorney by your side will help you reach a definite decision. Here are some of them.
- It can save you money
- You might incriminate yourself
- You get peace of mind
- They know the ins and outs
- The other party has a lawyer
3. A lawsuit can take a long time
A case can last for months or years. This is oftentimes why settlements are the best options. Also as mentioned not all cases make it through all of the stages and fewer make it to court. Lawyers spend most of their time in the discovery stage. This is where they gather evidence and other important information for the case. This is done through depositions, interrogatories, and subpoenas. You’ve most likely heard of the term “subpoena”; a subpoena is a summons demanding information or documents from a third party that is somehow connected to the case.
Settlements can be made even if deliberations have begun or in the middle of a trial. Sometimes the plan to settle happens a few hours or minutes before the trial is set to start. Plaintiffs and defendants can choose to settle and agree on somethings while leaving others to the discretion of the judge and jury.
In this article, we’ve gone over the important facts and other information about civil litigation. If you or someone you know is facing a civil lawsuit either as the plaintiff or the defendant you must hire an attorney. Hiring an attorney to walk you through the whole proceeding is extremely important. Having a good lawyer on your side can make all the difference in the proceedings of your case. Civil litigation is used to handle most if not all non-criminal disputes and it is good to have some basic knowledge about the process.
