Civil litigation cases are diverse and very challenging. The case typically involves two parties, a plaintiff, who can sometimes be the claimant, and a defendant pitted against each other. Furthermore, the outcome is decided on a balance of probability, which means that the party with the most concrete and persuasive evidence is likely to have a successful outcome.
Despite the complexity of civil matters, at the Bykhovsky law firm, we have experience handling civil litigation cases involving various issues. Thus, we will work hard to unravel the most challenging disputes facing our clients.
WHAT IS CIVIL LITIGATION?
Civil litigation falls under the ambit of civil law, which covers a wide range of disputes involving two or more parties. As such, the term "civil litigation" refers to the process in which civil matters are resolved in a court of law using the applicable civil procedures. Put briefly, civil litigation envisions a non-criminal dispute resolution approach to help resolve the underlying issues.
Noteworthy is that compensation (often in monetary form) is often awarded to the claimant or plaintiff following a successful outcome in the civil litigation suit.
TYPES OF CIVIL LITIGATION CASES
Civil litigation covers a broad range of disputes. As such, most civil litigation attorneys tend to specialize in specific practice areas in order to ensure they have the experience and skills required to have a successful outcome in a civil litigation suit.
Some of the common types of civil litigation include:
- Workers' compensation
- Personal injury
- Employment law
- Products liability
- Probate and real estate
- Family law
- Partnership disputes
- Construction law
- Breach of contracts
- Commercial lease disputes
- Wrongful death cases
Our civil litigation attorneys at the Bykhovsky law firm can help you through every step of the way. Essentially, an attorney will shed light on the law that applies to your case and ensure that you make an informed decision regarding the best approach to take.
WHAT IS THE LAWSUIT PROCESS?
Put briefly, the civil litigation process is the legal process required to file a lawsuit in court. Noteworthy is that for the process or lawsuit to commence, the lawsuit must be filed in a court with the appropriate jurisdiction to hear and determine the subject matters. For instance, a dispute involving paternity can only be filed in a family law court.
Once the case is filed, the other party is given an opportunity to respond to the allegations in what is often referred to as an answer to the complaint.
That said, the basics of the civil litigation process include:
- Initial pleadings stage
- Answers and counterclaims
- Discovery
- Pre-trial pleadings and motions
- Trial
- Appeal
WHAT DOES A CIVIL LITIGATION ATTORNEY DO?
A litigation attorney, also known as a trial lawyer, is a claimant's or defendant's legal representative in a civil dispute. The attorney will typically specialize in a specific area, such as personal injury law or workers' compensation. As such, this allows them to understand the procedural and substantive law regarding a particular case, and at the same time, it provides them with the experience required to handle a case.
That said, a litigation attorney plays a critical role from the onset of a civil litigation suit until the end. Put briefly, the attorney will:
- Interview the clients in order to understand the primary issue that is the bone of contention
- Draft formal complaints or claims on behalf of their client
- Conduct depositions
- Determine the best strategy to take
- Negotiate on behalf of their client when there is a need to settle the case out of court
- Represent their clients in court in case the dispute proceeds to trial.
CONTACT US
If you or your loved one is facing legal issues, it is imperative to know the legal options that you may have. At the Bykhovsky law firm, we have extensive experience handling civil litigation matters in Wisconsin. We thus can help you understand the law that applies to your case and how you can navigate the civil litigation process.
Contact us today for a free case evaluation.