Helping our clients come up with smart strategies for their civil disputes.
Civil disputes may not involve jail time, but they are not any less serious and sometimes carry hefty penalties. Typically, cases that fall under this docket are based on non-criminal statutes. Just like criminal cases, civil litigation is handled by courts, and the process can be just as complex as criminal cases.
The lawsuit can be against a person, groups of people, businesses or other entities. With civil litigation, you are still requested to go through various legal processes such as evidence collection and presentation and filing cases, among others. Without the guidance of a civil litigation lawyer, these processes can be tedious, lengthy, and frustrating, which makes the lawyer an important aspect in your case.
Kollias Law can help you get ahead of your legal problems and proactively come up with solutions to your legal challenges. We take every civil litigation with the seriousness it deserves. We have experience in a wide range of areas and have helped many clients in the Wilmington, DE area get positive outcomes in their civil litigation cases.
Understanding the civil litigation process helps you better plan and determine what is expected of you during the process. Usually, your civil litigation attorney will give you a rundown of the process and also update you on what is needed at every step.
The main steps in the civil litigation process include the following:
The first step in a civil lawsuit is the pleadings. This step involves filing paperwork in court for each party to explain their side of the story. The plaintiff files the complaint, while the defendant files the answer.
This step also involves choosing the location where you want to file the lawsuit. This is a critical part of the process that should be undertaken under the guidance of your lawyer. The lawyer should ensure that the court chosen fits the jurisdiction of the personal and subject matter.
In other words, the defendant must have an appropriate relationship within the court's jurisdiction and the issue can be litigated in that court. The case must also be filed in a court that is in proximity to where the incident happened.
Once pleadings are filed in the selected court, clarifications called amended complaints and answers can be filed. Parties can also ask the court to have certain parts of the pleadings dismissed.
In the discovery stage, both parties start to gather information to support and strengthen their arguments. Additionally, both parties have to share the information. The discovery stage forms the longest part of the civil litigation process.
With all the necessary information at hand, if the dispute has not been resolved out of court, the next stop for the lawsuit is trial.
The plaintiff and defendant present their arguments to a judge or jury. In cases where a jury is necessary, both parties have to help make juror selections.
After the arguments, a verdict is made. The parties can choose to abide by the verdict and end the case or seek an appeal if either party does not agree with the result of the trial.
In civil litigation, you have the option of a settlement or taking the case to trial. Usually, you depend on the advice of your civil litigation lawyer to determine the best option for you. This is one of the biggest decisions you will make in your case, and you should weigh the options carefully.
Settlement is the most preferred avenue for most civil cases because of its apparent benefits, which include the following:
On the flipside, with settlement, there is a potential for lower compensation, which your attorney can help to mitigate, and there is no admission of fault.
Going to trial has its challenges, such as the length of court cases and uncertainty, but it also has its benefits, such as:
Which option you choose depends on the strength of your case and evidence, whether you can afford the fees, and your goals with the case.
Kollias Law – helping our clients in Wilmington, DE, pursue timely justice.
Are you looking for a civil litigation lawyer near me to help you with your case? Kollias Law is here to help! We have vast experience representing clients in Wilmington, DE with enhanced skills in negotiations, advocacy and litigation. No matter which direction your civil litigation case takes, you can rest assured in our capacity to deliver the best outcome for you.
Talk to us today by calling us at (302) 444-8140 to set up a consultation and review of the case and to start strategizing on the best approach to deliver the best results.
