Most civil disputes don’t make it to trial. In the case of personal injury, around 95% of civil cases are resolved through settlement.
Legal disputes don’t always get resolved through negotiation or discussions; you must settle some cases through litigation. When thinking about litigation, stuff like courtroom battles, intense arguments, and legal jargon come to mind. These might be some of the elements of it, but litigation is a far more structured process that lets individuals, businesses, or organizations seek justice or compensation for their damages through the court system.
As the whole litigation process is very complex, it might overwhelm people who are unfamiliar with it. This article breaks it down into easier steps. Read on to learn about the different types of litigation and why people need lawyers to steer them through each step.
What is Civil Litigation?
Civil litigation is a legal process through which people and businesses settle disputes, usually when one side seeks compensation or wants to enforce contractual obligations. It starts when someone files a lawsuit, often after trying (and failing) to resolve things through discussion or negotiation.
Not all lawyers have to go to court, but a civil litigation lawyer does. They’re the ones who handle everything regarding paperwork, evidence, making settlements, or representing clients in trial. Some of the common cases they handle are:
- Cases involving disputes and fights between landlords and tenants, arguments over property boundaries, or damage to someone’s land.
- Contractual issues when one side doesn’t keep their end of the bargain.
- Workplace cases involving problems related to employment, like not being paid properly, or facing discrimination or harassment at work.
- Personal injury claims that someone makes when they get hurt in an accident, like a car crash, or if they are suing for medical malpractice.
The Role of a Civil Litigation Lawyer
A civil litigation lawyer, or a litigator, steps in when the dispute gets to the point where taking legal action becomes necessary. The lawyer’s main job is to stand up for their client’s interests, build a strong case based on the facts, and protect their client’s rights throughout the process.
While criminal lawyers focus on defending people from charges and possible jail time, civil lawyers deal with, for instance, financial issues or harm caused by another party. They follow these steps:
- Researching and Drafting Documents
Firstly, civil litigation lawyers conduct in-depth legal research by examining all the facts related to the case. They study relevant laws, court decisions, and regulations to understand the legal landscape fully. By doing this, they spot any challenges they might face and build strong arguments to help their clients.
These lawyers also handle drafting important legal documents like initial complaints, motions, legal briefs, and discovery-related paperwork needed throughout the process along with research.
- Engaging in Negotiation
Handshake between two men; image by Pavel Danilyuk, via Pexels.com.
Lawyers often look for opportunities to resolve disputes with the opposing parties and seek favorable settlements outside of court. They arrange mediation sessions, settlement conferences, or direct negotiations with opposing counsel. Their strong and practical negotiation skills let them achieve favourable outcomes for their clients while minimizing the time, cost, and uncertainty associated with protracted litigation.
- Preparing for Trials and Appeals
Most civil disputes don’t make it to trial. In the case of personal injury, around 95% of civil cases are resolved through settlement. However, if the case does end up going to trial, lawyers gather compelling evidence and witnesses for its preparation and ensure their clients’ cases are well presented.
They may also handle the appeals process in case things go south and the outcomes of the case aren’t favourable. This entails filing appeals and writing strong arguments in hopes of overturning the original decision.
Endnote
Civil litigation matters that negatively impact your life probably need an intervention of the court. As the court and legal procedures are pretty complex to understand on your own, it’s important to hire an attorney who’ll walk you through all the complex steps and help you gain fair compensation for your losses.
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