What is Civil Litigation?
Civil litigation is a legal term that applies to a legal dispute where two or more parties are seeking monetary damages or a specific performance. Some cases go to trial in which a judge or jury will determine the outcome, but not all will. There are many different types of civil litigation. These types of disputes may arise over any of the following:- Product liability
- Construction defect and liability
- Medical malpractice
- Insurance claims
- Breach of contract
- Personal injury
- Real estate disputes
- Workers' compensation claims
- Intellectual property disputes
- Divorce
- Anti-trust litigation
- Landlord/Tenant disputes
- Probate and Trust litigation
- Non-Compete Agreements
- Complex Business Litigation
- Zoning & Land Use
Defining Civil Litigation Terms:
- Tort: This is an act of wrongdoing that resulted in another person to suffer loss or harm (For example: CAR ACCIDENT, INJURY ON THE JOB, SLIP AND FALL ECT).
- Complaint: The first pleading filed that sets the civil case in motion.
- Damages: The reward or money sought after for the determined loss/injury.
- Discovery: During discovery, each side asks the other to supply information and evidence. This may include conducting depositions, answering written questions under oath, or submitting to mental or physical examinations. During discovery, each side works to obtain the information necessary to build their case.
- Brief: A written legal document that is presented by each individual side to the court explaining each person or entities side.
- Summary Judgment or Trial – Either side can request a summary judgment, during which a judge reviews the evidence and determines if the facts clearly decide the case. If not, the case proceeds to trial.
- Mediation: There are two types of mediation, pre-suit mediation which occurs prior to the complaint being filed and post suit mediation which happens after the suit is filed and is required by the Courts prior to any Trial being set.
- Arbitration: When the two parties in disagreement decide to resolve issues without going to court and instead take it to a private panel of arbitrators. These are typically found in contractual disputes as most contracts have a clause for Arbitration.
What Does a Civil Litigation Attorney Do?
A litigation attorney, also known as a trial lawyer, represents either the defendant or plaintiff who is involved in civil disputes. They typically specialize in a particular area, just as doctors do. This allows them to have a more detailed knowledge of their practice area. Civil litigation law is an incredibly broad and complex area of law so it is important you find a Civil Attorney to help you decide what area of civil law you will need to focus on. Civil Attorneys must determine the best trial strategy for each case. This might include mediation and negotiation to attempt to settle the case out of court. Trial lawyers may also need to take their cases to court. In these cases, their responsibilities could include investigation, trials, settlements, appeals, jury selection, court appearances and more. Some civil disputes start with just a claim and are resolved with a pre-suit settlement – thus avoiding court proceedings altogether. However, sometimes a lawsuit is necessary to achieve the most advantageous outcome.Why choose Lacey Lyons Rezanka?
Whether you pursue a settlement or proceed wish to proceed to trial, our experienced attorneys can help you pursue a favorable result. Our attorneys provide exceptional civil legal counsel based on more than 60 years of combined experience in and out of court.We Handle the Following Civil Litigation Disputes:
- Construction defect and liability
- Insurance claims
- Breach of contract
- Personal injury
- Real estate disputes
- Intellectual property disputes
- Landlord/Tenant disputes
- Probate and Trust litigation
- Non-Compete Agreements
- Complex Business Litigation
- Zoning & Land Use