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Educating Clients on Their Legal Rights
When you’ve been wronged by another person or company and have sustained financial losses as a result, you need experienced legal representation. An attorney can explain what options for pursuing damages the civil court system allows and explain how civil litigation works.
If you’ve incurred losses due to someone else’s actions, you may be able to file a civil lawsuit to get your money back. Contact West & Dunn to talk to a civil litigation lawyer who can give you more information on what the law allows in your situation.
What Types of Cases Do Civil Litigation Attorneys Take?
Civil litigation attorneys are lawyers who specifically work with clients who want to pursue civil lawsuits and plan on going to trial. Some examples of civil litigation cases include:
- Insurance coverage disputes
- Contract disputes
- Business torts
- Collection matters
- Commercial law disputes
- Construction law
- Employment law
- Franchise disputes
- Real estate law
- Intellectual property disputes
- Personal injury claims
It’s important to ask any attorney you are considering working with what experience they have with civil litigation and what percentage of their cases actually end up going forward with a trial.
Is There a Limit on How Long I Have to File a Civil Suit?
In many cases, there is a time limit for how long you have to file a civil lawsuit after an incident. This is referred to as the statute of limitations. The statute of limitations exists to protect both parties. For the plaintiff, it ensures that they have ample time to gather evidence for their case. For the defendant, it keeps them from being able to be sued long after the incident has passed and they have moved on with their lives.
Civil lawsuits have different statutes of limitations, and these also differ by state. For example, personal injury and wrongful death cases in Wisconsin have a statute of limitations of three years. Suing for unpaid rent has a statute of limitations of six years, as do most cases involving contracts. If you don’t file the lawsuit within the statute of limitations, you forfeit your right to collect any damages.
What Is the Difference Between a Summary Judgment and a Jury Trial?
When someone files a civil lawsuit, the normal course of action is for the case to proceed to trial with a jury. A jury trial involves presenting evidence and testimony in court, typically before a jury of 12, but sometimes can be 6 peers. At the end of the trial, the jury goes into deliberation to determine whether they believe the plaintiff has proven their case by a preponderance of the evidence. If so, they rule in favor of the plaintiff; if not, they rule in favor of the defendant.
Although most cases may be tried to a jury, a plaintiff may not be entitled a jury in certain circumstances. In that instance, the case will be tried to the court. These types of cases are typically called “bench trials” rather than jury trials. Additionally, a party may waive the right to a jury trial if they believe a bench trial would be more desirable. This is a strategic consideration that you should discuss with your attorney.
Regardless of whether the case would be tried to a jury or to the bench, a party may file a motion asking the court to enter summary judgment. These types of motion are filed well before a trial would occur. The court may only grant a summary judgment motion if the parties’ dispute relates to the law, and there are no material facts in dispute. In essence, a motion for summary judgment tells the court that the party does not believe a trial is necessary, because judges are permitted to decide issues of law without a trial. If the judge agrees, the court will grant the motion for summary judgment and no trial will occur. Because of this, a timely filed and skillfully drafted summary judgment motion can help to resolve your case much faster than if it went to trial.
What Is the Burden of Proof for Civil Cases
In any court case, there is one party who is tasked with being able to argue that their case meets the burden of proof. In criminal law, the burden of proof is “beyond a reasonable” doubt, and the prosecution is responsible for proving this. However, the burden of proof is less stringent for civil cases.
For most civil cases, the burden of proof is “a preponderance of the evidence.” This means that the plaintiff must convince the jury — or judge in some cases — that it is more likely than not that the defendant was in the wrong. So, even if the jury believes that there is only a 51% chance that the defendant did something wrong, that still means a favorable verdict for the plaintiff.
What Are Some Alternative Dispute Resolution Options?
While civil litigation is sometimes required to be able to hold the other party accountable and recover damages, it doesn’t have to be the first step. There are some alternative resolution methods for civil disputes. Mediation and arbitration can both help you come to an agreement with the other party while avoiding the time, expense, and emotional drain of a trial.
The main difference between mediation and arbitration is in who has the power to make the final decision. In mediation, both parties come to an agreement by negotiating through a mediator. Once the mediation agreement is signed, it becomes a binding contract. In arbitration, the parties go before an arbitrator who is a neutral third party. The arbitrator hears both sides and makes a decision.
How Much Could I Be Awarded in a Civil Suit?
It’s normal to have questions about how much money you could be awarded in a civil suit, but it depends on many factors, including the type of case and what losses you sustained. In general, the greater the financial losses, the more you could be awarded in damages. It’s also possible to be awarded monies above and beyond your losses in cases that involve pain and suffering, such as personal injury, or projected business losses.
To find out what you could potentially be awarded in a civil lawsuit or to get your questions about civil litigation answered, call West & Dunn at 608-490-9449. We have experienced attorneys familiar with all aspects of civil litigation who can help you choose your next steps.