What is Civil Litigation?

 

Civil litigation cases are filed by individuals against another individual or against a company.  It is different from a criminal case because in a criminal case it is the government who initiates the legal action.  In a criminal case the guilty party spends time in jail while in a civil case, the losing party pays money to the other party.  Jail time is never a punishment for those who lose a civil case, but other penalties will include returning property or changing unwanted behavior.

 

There are plenty of cases which can fall under civil litigation.  Some of these cases involve broken contracts, conflicts in business, landlord/tenant issues, and problems with a will.  They can also involve crime and injury.

 

Lawyers choose a specific topic to focus on, like divorce cases or personal injury, and they do not take any type of civil litigation, which includes virtually any topic that is not criminal.  Make sure that if you have a civil litigation case, to find the right Civil Litigation Plantation FL lawyer that specializes in your legal issue.

 

Filing a lawsuit makes you the plaintiff and the one you filed against is the defendant.  Filing a complaint in the court by your lawyer is the start of your case.  The documents will contain all your reasons for filing the lawsuit against the other party.  A summons will be sent to the defendant which will inform them of the lawsuit.  The defendant will be given time to answer the issue with an explanation of their side. The proper documents are to be filed by the defendants lawyer and should be present when there is a court date.  If not, there is a strong possibility that you will lose that case even if you have not done anything wrong.

 

When the files are all submitted by both parties, discovery starts.  In the discover stage both parties are working to get all the information they need on the case, which is not something easy to do.  In this stage, both parties can talk to witnesses and take their statements, read important documents and study the evidences submitted by the parties involved.

 

A lot of cases have found settlement even as early as the discovery stage.  Having the settlement at this stage can save them a lot of money then proceeding further on, and the parties can settle on the amount to be paid by the offending party.  Most civil litigation cases end this way.  If settlement is not agreed upon during the discover stage, then the Civil Litigation Fort Lauderdale FL lawyers have to prepare themselves for a court battle.  In the court battle, the parties present their arguments, and the judge or jury makes the final decision.