If you enjoy legal dramas on TV, chances are you’re watching a criminal case unfold rather than a civil case. The purpose of the civil litigation process is to resolve legal disputes between two or more parties.

Civil litigation cases are based on non-criminal statutes and are separate from criminal proceedings. These cases can be settled out of court or go to trial, where a judge decides the outcome. Typically, civil cases result in monetary compensation. There are many types of cases that fall under the umbrella of civil litigation. If you’re involved in a situation that leads to civil litigation, it’s important to understand what to expect. Here’s a look at the basics of the civil litigation process.

Civil Litigation Is Not a Criminal Case

The most important fact about the civil litigation process is that it doesn’t involve criminal charges. Civil litigation occurs when the parties involved cannot reach an agreement or settlement without outside intervention.

The standard of proof in a civil case is lower than in criminal proceedings. Attorneys must present evidence and build a convincing case to prevail. Civil lawsuits range from small claims, like minor car accidents, to major lawsuits involving thousands of people, such as cases over dangerous medications.

Types of Civil Cases

There are many types of civil cases. The type of case you pursue depends on your specific situation. Common civil cases include:

• Estate litigation or Will Contests
• Divorceand other Family Law matters
• Contract disputes
• Property disputes
• Landlord/tenant disputes
• Commercial Litigation or Business disputes
• Intellectual propertydisputes
• Employment or labor disputes
• Medical malpractice cases
• Personal injury cases
• Class Action Cases

If you are considering filing a lawsuit, your litigation attorney will guide you in understanding the appropriate type of case to pursue.

Steps for a Civil Law Case

Every case in the civil litigation process follows a general set of legal steps, though each civil law case is unique. If you’re considering filing a lawsuit or are the target of one, the first step is to consult an experienced attorney.

Investigation

Your lawyer will determine whether you have a legitimate case and outline the best steps to build it. The attorney will gather and analyze evidence, potentially using a private investigator. This phase is critical in building the foundation of your case.

Pleadings

Next, each party file pleadings to explain their side of the story.

• The plaintiff’s pleading, called the “complaint,” outlines the grievance and what they seek from the case.
• After being served, the defendant files an “answer” to respond to the accusations or request clarification.

Discovery

Once the court has the pleadings, the discovery process begins. This involves document review, witness interviews, and in-depth research to discover as many facts about the case as possible.

Attorneys often enlist the help of expert witnesses to validate their claims. These experts are often called on to testify if the case goes to court.

The attorney and investigators may visit the scene in question, request documentation, and elicit statements from others involved in the case. The discovery process is complex and time-consuming for a civil litigation lawyer.

Pre-trial

Once discovery is complete, attorneys often attempt to negotiate a settlement during the pre-trial phase. Settling can save time, costs, and frustration. If no agreement is reached, the case moves forward. Attorneys may also file motions to request rulings or dismiss parts of the case.

Going to Trial

If settlement negotiations fail, the case goes to trial. Both sides present their arguments, evidence, and witnesses before a judge or jury. After closing arguments, the court delivers a verdict.

Settlements

The ultimate goal of the civil litigation process is often to reach a settlement. Settlements can involve monetary compensation or other non-financial actions, depending on the case. Some cases settle before reaching trial, while others may be resolved mid-trial.

Statute of Limitations

Civil litigation cases, especially medical malpractice or injury claims, have statutes of limitations requiring filing within a specific time frame. Missing the deadline will lead to case dismissal, so it’s important to act quickly and consult an attorney.

Find the Best Civil Litigation Attorney

The civil litigation process can be complex. Having an experienced attorney by your side ensures you navigate the legal system effectively. If you’re considering a civil claim or facing a lawsuit, the attorneys at Boyer Law Firm are ready to assist. Contact us today for an initial consultation and let us help you through this process.