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What Is Civil Litigation?
Civil Litigation: Definition
A “civil litigation” designates a particular kind of legal proceeding in which there is a disagreement between private parties and monetary damages or specific performance are typically sought as remedies.
The entire process that an individual or business goes through to look into a possible cause of action, file a lawsuit, go through the court system, get a judgment, appeal, and then have the judgment enforced is referred to as “litigation.”
Now, when we talk about “civil” litigation, we’re talking about the process that an individual or business must go through to bring a dispute before the court system for a resolution in areas that fall under the purview of civil law (as opposed to criminal law).
Medical malpractice, personal injury, product liability, matrimonial disputes, contractual disputes, intellectual property disputes, commercial disputes, real estate disputes, landlord and tenant disputes, and so forth are some examples of civil litigation.
In general, civil litigation is any kind of legal action that does not result in fines or criminal accusations.
Initial Actions in Civil Cases
A civil case must first go through several prerequisite procedures, which include:
1. Investigation and Evaluation – The parties concerned need to collect information and evaluate how strong their case is.
2. Filing and Service – The plaintiff, who is the party initiating the case, must file a complaint with the court and serve it to the defendant, who is the other party.
3. Reaction and Counterclaim – In response to the plaintiff’s complaint, the defendant has the option to file a counterclaim.
Trial vs. Settlement
Following the conclusion of discovery, the parties may decide to resolve their dispute out of court. Should a settlement not be reached, a trial will be held. After hearing all sides of the argument, a judge or jury will decide based on the evidence that was presented.
Procedure for Appeals in Civil Cases
One party may file an appeal with a higher court if they are dissatisfied with the trial’s verdict. To ascertain whether any legal mistakes were made that impacted the case’s outcome, the trial record is examined as part of the appeals process. The case might be retried if the higher court determines that mistakes were made.
Compensation in Civil Cases
The plaintiff may receive damages, or monetary compensation for losses suffered as a result of the defendant’s actions, if they prevail in their civil case. Damages could cover lost wages, medical costs, pain and suffering, and other costs directly associated with the case.
In Summary
A vital component of the legal system, civil litigation gives people and companies a means of pursuing justice for a variety of wrongs. Gaining a better understanding of the fundamental ideas and procedures of civil litigation can empower people and organizations to confidently navigate the legal system. Seeking the advice of a skilled civil litigation lawyer is crucial if you find yourself embroiled in a civil case. They can guide you through the legal system and defend your rights.
Tarasenko Law is Sacramento’s premier personal injury law firm. We have extensive expertise and experience in winning civil litigation cases throughout Northern California.
Call Tarasenko Personal Injury Law at 888-878-0830 for more information!