Understanding Civil Litigation Process

Civil litigation is where there are parties in dispute and one of them (the plaintiff) is seeking for compensatory damages from the other party (the defendant) as a result of an act of negligence or violation of a contract.

The common cases in civil litigation are personal injury, torts, and violation of contracts.

To resolve any dispute, they would either have to go through arbitration or mediation, before going through civil litigation process which will determine the liability of the defendant.

The Litigation Process

Before litigation takes place, the plaintiff must be able to file a “complaint” with the court and in turn, the defendant is expected to file an “answer” within a certain period of time.

There are seven stages that the parties involved will have to go through in order to resolve their dispute. These stages are:

• Investigation

• Pleadings

• Discovery phase

• Pre-trial

• Settlement

• Appeal

In the discovery process, both parties are given ample time to seek documents and other evidence that will strengthen their claims. It is in this period when depositions can be made and look for witnesses who can state their expert and personal accounts of the event or the act in question.

The process for civil litigation can take up a lot of time on both parties. To avoid this, they can try to negotiate an out-of-court settlement where they can both derive benefit from. An expert lawyer can help in these negotiations as they are aware of the rightful compensation that their client deserves.

Statute of Limitations

The statute of limitations (SOL) may differ in each state and so the plaintiff must be aware of the existing state laws in his region to be sure that his claims will still be valid when he files it in court.

Taking California state laws as an example, below are statutes of limitations for each offense:

• Medical Malpractice – 3 years from the time of the negligent act or 1 year after it has been discovered

• Personal Injury / negligence, Wrongful Death, and Products Liability – 2 years, depending on the case

• Malpractice (Aside from Medical Profession) and Intentional Torts – 1 year, depending on the case

• Most employment cases – 180 days from the day of the abuse / maltreatment.

Each case differs and so the statute of limitations in your case may not be the same as the usual SOLs. To be sure, it is better to have employment attorneys, personal injury lawyers, or business attorneys evaluate your case and decide whether or not you can still file your claims.

Hiring these expert attorneys is important in making sure that your case will be properly handled and that you will not be taken advantage of in negotiations and appeals.

Visit our website at http://www.attorneyservicesetc.com/ to help you understand civil litigations. Dial our toll free number for legal assistance.

About The Author Jade took up Journalism from a reputable school. Investigating and forensic science fascinates her. She would eventually pursue her dream to be a lawyer. Every history she hears becomes an escapade for her as new information is considered to be her token for another ride to life.