There are many reasons why people and companies resort to litigation. It may be because of a real estate matter, a divorce, criminal charges, or it may be due to a civil dispute of some kind.
Disputes in just about every sphere of life are known to have resulted in civil litigation. Very often money is involved, though the dispute might be performance related, or perhaps due to what the defendant considers to be wrongdoing that is not a criminal issue.
Generally, civil litigation is initiated when the parties involved are unable to reach an agreement. While arbitration and mediation may be employed in an attempt to reach an out-of-court settlement, if these processes don’t work, the case will end up in a courtroom for the judge and jury to make a decision in terms of guilt and financial penalties.
Criminal charges are not involved in civil litigation, and there are no penalties in terms of jail time.
Examples of civil litigation issues include:
- Breach of contract – any contract
- Disputes between landlords and tenants
- Employment breaches including discrimination in the workplace and wrongful termination of employment
- Labor disputes
- Workers’ compensation claims that might also involve personal injury
- Personal injury suits resulting from anything from medical malpractice to a dog bite, or even slander
- Property disputes that may relate to sale or purchase or real estate
- Last will and testament contests
- Damage to property
- Claims of financial fraud
- Construction liability due to defects relating to buildings
- Failure to disclose known property defects
- Infringement of intellectual property
- Issues relating to environmental law
In the case of a civil dispute, you will need a civil litigation attorney, also known as a trial lawyer, who can represent you in court if there is a trial, as well as in settlement negotiations.
The Role of Civil Litigation Attorneys
Civil litigation disputes are usually highly complex, requiring legal input through negotiations to trial and possibly an appeal.
When one party presses charges, a civil litigation attorney will have to devote considerable time to what is known as the discovery stage. This involves legal research and collecting information via depositions, subpoenas, and by interrogating relevant third parties in terms of the law.
Unlike arbitration and mediation, civil litigation is an adversarial process involving at least two parties – individuals, companies, or any other bodies. There is usually considerable conflict and controversy involved, particularly if the case does eventually go to trial.
However, civil litigation doesn’t always end up in court. Many lawsuits are settled out of court with the help of a civil litigation attorney. Sometimes cases are settled once a trial has begun.
The attorneys at Slepian, Schwartz & Landgaard have considerable experience in civil litigation. Whether you are a defendant or a plaintiff, you are going to need a highly-skilled civil litigation attorney to either settle your case out of court, or to present your case to a judge or jury and ensure you get the best possible outcome. We have a highly experienced civil litigation team that is ready to help you. Contact us to discuss your case.