“Civil Litigation” is the term used to describe cases that involve disputes between private individuals or companies. Usually, these cases involve one party suing another for money damages. These disputes often arise out of business dealings, contracts, sales, and other financial or business transactions. Participants in civil litigation can be placed into two categories: Plaintiffs and Defendants.
A “plaintiff” is the party who initiates a case by filing a lawsuit against some other person or company. The suit is initiated by filing a written complaint with the clerk of court and having a copy of that complaint served on the party that is being sued. Doing this will require the opposing party to answer to your charges in court, where a judge or jury will decide the case.
If you feel that you have been wronged by some person or company, then you may have legal standing to become a plaintiff in civil litigation. You can file suit and have your case heard by a judge or jury who will determine whether you are entitled to recover money or other relief from the opposing party.
However, civil litigation can be a very complex and daunting task for the average person to undertake. To ensure that your case is properly presented, it is recommended that you retain competent legal representation to assist you. If you think you have a valid claim, you should not delay or wait to talk to a lawyer. The law places time limits on how long you can wait before filing a lawsuit. These time limits can vary between one and four years depending on the type of claim you have. If you fail to file your claim within the given time period, you may lose the right to do so. Also, it is much more difficult to prove your case in court if you wait too long before filing it. As time passes, witness disappear or forget things, documents are lost or destroyed, and claims become harder to prove. For these reasons, it is best to act immediately and preserve your legal rights.
My law office has extensive experience representing plaintiffs in civil litigation. If you choose to retain my office, you will be offered immediate guidance in many key areas, including:
-what legal claims you may assert,
-who you may make those claims against,
-what the your likelihood of success is,
-which court your claim should be filed in,
-whether your case will likely require a trial, and
-the amount of money you may be entitled to recover.
After helping you evaluate the validity of your case, we will file your claim and vigorously pursue every avenue of recovery in court. Myself and other experienced attorneys associated with my office will handle every aspect of your case, including:
-attending all necessary court dates for you,
-filing all necessary paperwork, motions, and pleadings,
-investigating every aspect of your case,
-representing you in any court ordered mediation, and
-negotiating an acceptable settlement of the case or, if necessary, conducting a trial in front of a judge or jury.
If you have any questions or would like to speak with an attorney regarding a civil claim you may have, please do not hesitate to contact my office for a free consultation.
The person or business who the plaintiff files a lawsuit against is called the “defendant”. Defendants usually learn that they are being sued when they are served with a copy of the plaintiff’s complaint. If you have been served with a complaint, you will have 20 days to file some sort of response to the claim. If you fail to respond within that 20 day period, the Court may enter a default judgment against you and you could lose your opportunity to contest the case. For that reason, it is crucial that you contact a lawyer immediately if you have been served with a complaint or if you have learned that a complaint is about to be filed against you.
My office has a great deal of experience in representing defendant’s in civil litigation. If you have been served with a lawsuit and you choose to retain my office, there are several steps which can be taken immediately to contest the case. Depending on the facts of your case, these steps may include:
-filing a motion to dismiss the case for being legally defective,
-filing an answer brief denying any liability on your part, asserting a variety of affirmative defenses, and demanding that the plaintiff pay your attorney’s fees,
-filing a counterclaim against the party who is suing you, and
-demanding access to all materials which the plaintiff intends to use in presenting his case.
My office will contest the case at each and every level and will attempt to have the case dismissed before trial. If it is impossible to have the case dismissed, I will either help you in negotiating an acceptable settlement or, if you decide to contest the case further, I will proceed to trial and vigorously defend your interests in front of a judge or jury. You will be kept informed of the status of the case throughout the proceedings and will be consulted before any important decisions are made.
If you have any additional questions about being a defendant in a civil lawsuit, or if you would like a free consultation, please do not hesitate to call my office and schedule a meeting with an attorney.