02 Nov Things You Should Know About Civil Litigation
When a court case is used to solve a dispute over money, injuries or personal rights between individuals or businesses, the case is a civil case. Therefore, a civil litigation attorney Central Florida will help a plaintiff (injured party) gain restitution from the defendant (the party that caused the injury).
Types of Cases
Civil cases include tort claims, or claims that one party injured another’s body, property or reputation. For example, assault and battery, vandalism, defamation and fraud are torts. Equitable claims also fall under civil law. These claims try to force someone to do something or stop doing something. For example, a business may seek to stop subcontractors from contacting its clients directly. Any lawsuits between landlords and tenants are also civil suits. Finally, breach of contract claims involve one party’s failure to complete one or more terms within a contract.
If you have been injured, your first step should be consulting an attorney. A civil lawyer will tell you whether you have a case and what you need to prove your case. Your attorney will also share your chances of winning. Although the consultation may cost money, you could save significant money by not pursuing an unsuccessful lawsuit.
Next, each party files paperwork with the court. This paperwork outlines each party’s case. For example, the plaintiff files a complaint stating what happened and how they were injured. Then, the defendant can respond to the complaint. Each party can also amend their paperwork.
Discovery involves pleadings and an investigation of the facts in the case. Both parties gather evidence, such as depositions, documents and witnesses. Each side can ask for the lawsuit to be adjusted or dismissed through motions.
If a settlement cannot be agreed upon, the parties must file a trial brief and appear in a trial. An appeal can be pursued if a party is dissatisfied with the verdict.
Unless you are a lawyer who is well-versed in civil law, consider consulting an attorney before filing or defending yourself in a civil lawsuit.