Category: Civil Litigation

Even though most of us have seen, heard, or read examples of civil litigation in the media (Erin Brokovich, anyone?), this type of legal matter is far from universally understood. There are lots of misconceptions about what civil litigation is, how it works, and what you should understand if you’re involved in a civil case. 

Whether you’re filing a suit or are defending yourself from one, a clear understanding of how these matters work can ease your stress and help you make informed decisions. At The Law Offices of Andrew Dressel LLC, it’s our goal to make legal processes make sense for those in the middle of them. 

1. Okay, but what is civil law in the first place?

There are two main areas of law: civil and criminal. 

Criminal cases are prosecuted by the State and focus on punishing people who commit crimes like murder, theft, arson, and so on. When someone is found guilty in criminal court, the punishment can include a fine or prison time, depending on the seriousness of the crime. 

On the other hand, civil law deals with disputes between two or more parties. 

Civil cases are brought by one private citizen against another, usually with the help of attorneys on both sides. Civil cases can include anything from business disputes to family law matters to class action lawsuits.  

2. There are many different types of civil litigation cases

There are numerous types of civil litigation cases. Some of the most common areas include (but aren’t limited to): 

• Personal injury 
• Commercial/business 
• Contract disputes
• Family law 
• Class action suits

Because civil cases can encompass various issues, it’s vital to work with legal counsel with the specific experience you’re looking for. A family law firm might provide excellent representation in your child custody case but might not be the best choice if you’re navigating a partnership dispute. 

3. Time is of the essence

Civil claims must be brought within the appropriate limitation period, or else they will be deemed invalid by the court and will be dismissed. 

Limitation periods vary depending on the nature of the claim, but in all cases, the sooner a case is brought, the better. Speedy action will help avoid difficulties in tracking down witnesses or copies of relevant documents or evidence. 

4. The plaintiff bears the burden of proof

If you’re the plaintiff in a civil lawsuit, you bear the burden of proving your case against the defendant. You will also be required to engage in the claim fully and comply with all court timeframes, orders, and processes. 

This can be a burdensome process, so it’s important to go into the process with realistic expectations and the knowledge that it will be time-consuming. This is where the legal counsel matters; a civil litigation lawyer who prioritizes personalized service can give you a detailed explanation of the process and what you might expect. 

If you’re the defendant, though, it’s not on you to prove anything to avoid being found responsible by a jury. Instead, the focus is on finding weaknesses in the plaintiff’s argument instead of trying to prove your innocence.

In some cases, defendants can raise affirmative defenses. For example, if a company is sued for a breach of fiduciary duty, it can claim that there was a good reason for its actions as an affirmative defense. However, they then must provide proof of that claim. 

5. Attorney-client privilege only goes so far

Anything you discuss with your attorney is protected by attorney-client privilege and will be kept strictly confidential. 

However, if your claim goes to court, any information brought before the court may become a matter of public record and become available to the public via the New Jersey Courts website. 

6. The amount and type of damages you may recover depend on the specific facts of your case

If you win your civil case, you’re entitled to what the legal system calls “damages.” This refers to the money you’re entitled to recover from the defendant as the successful party in a civil suit. Damages are meant to compensate you for losses you suffered because of the defendant’s actions. 

In some exceptional cases where the conduct of the defendant has been particularly heinous, you might also be awarded punitive damages. Unlike most types of damages, which are designed to compensate the claimant for a specific loss, punitive damages are designed to punish the defendant for their conduct.   

7. The verdict isn’t the end of the line

In most cases, civil judgments can be appealed. In New Jersey, civil cases are appealed to the New Jersey Superior Court, Appellate Division. 

However, the appeals process can be complicated and involves strict form and timing requirements. It is highly recommended that you retain an attorney to assist you during the appeals process, even if you represent yourself in the trial court. 

8. Litigation isn’t your only option to resolve civil disputes

If parties to a civil dispute cannot reach a resolution on their own but want to settle the dispute without going to court, they can engage in alternative dispute resolution (ADR). 

In alternative dispute resolution, the parties to a dispute agree on a neutral third party, such as a mediator or an arbitrator, whose role is similar to that of a judge. Unlike the traditional court process, though, ADR is a voluntary process and relies on the parties agreeing to abide by the outcome. 

ADR is becoming an increasingly popular method of dispute resolution, as it allows parties to avoid the costs associated with going to court and have more direct involvement in the negotiation process. Many companies and employers put ADR clauses into contracts, stating that any contractual or employment disputes must go through an ADR process before a claim is brought before the court. 

Mediation

Mediation is a form of ADR. Usually, parties who agree to participate in mediation will sign a mediation agreement at the outset, confirming that they will participate fully in the process and in good faith. Parties will agree to the appointment of an impartial mediator, whose role is to help the parties reach a resolution. 

Parties to mediation can usually have much more personal involvement in the dispute resolution process and can negotiate their settlement in a more direct way. 

On the other hand, the outcome of mediation is non-binding unless and until the parties sign a settlement agreement. This can lead to difficulties in enforcing the outcome. For mediation to be beneficial, all parties should go into the process in good faith and with a willingness to comply with the recommendations of the mediator.

Are you considering legal measures to settle a dispute? 

When attempting to resolve a situation through conversation leads to nowhere, you might feel you have no option other than to “take it to court.”

Civil litigation can be complex and time-consuming, especially without the guidance of an experienced attorney on your side. But you don’t have to (and shouldn’t) navigate the legal system alone.

Contact our law firm to schedule your free virtual consultation to learn more about your options today.

The content in this article is for general informational purposes only. It should not be construed as legal advice or a substitute for legal advice. The information above does not create an attorney-client relationship. Any reliance you place on such information is therefore strictly at your own risk.

Are you considering filing a lawsuit against someone? Or, maybe you’ve been named as the defendant in one? If so, you probably have questions. Lots of them.

You might wonder…

Will I have to go before a judge?

How long will the matter take to resolve?

What exactly is this going to cost?

Truthfully, predicting every aspect of a civil case is impossible, but having realistic expectations is key for a smooth progression. So, what does it take to file and pursue a civil case? Let’s get into it! 

Basics of civil law

Civil law addresses disputes between individuals or businesses. Plaintiffs are the ones to bring a dispute to the court, and defendants are the ones opposing (defending) the claim.

Civil cases can include divorce issues, fights between neighbors, landlord/tenant disputes, or personal injury cases. Think Judge Judy or The People’s Court (minus the live audience and dramatic music). However, they can also include business disputes, wrongful termination matters, or class action lawsuits.

How a civil lawsuit gets started

A civil lawsuit begins when the plaintiff files a complaint and civil case information sheet with the 

court, together with a filing fee, and serves a copy of the complaint on the defendant.

If you’re considering filing a complaint with the court…

Ask yourself: 

• Who is the complaint against? 
• What did they do wrong? 
• What have you lost because of their actions? 
• What sort of resolution are you seeking?  

Specific types of cases have different limitation periods, so it’s important to contact an attorney as soon as possible to help you craft and file your complaint.

If you’ve been served with a complaint…

 

At this point, HGTV fans might be wondering… “Can I just DIY this whole deal and save a few bucks?”

While it’s technically possible to represent yourself in court for very simple civil matters, the experience and insight that attorneys provide may save you a lot of time, stress, and, ultimately, money. (And note that courts will generally advise litigants to engage counsel in the early stages of a claim.) 

Deadlines for civil lawsuits

There are limitation periods in place that determine how long a claim can be brought after an incident has occurred. Limitation periods are designed to protect would-be defendants from an ongoing and never-ending threat of litigation and to place an impetus on a complainant to act within a reasonable timeframe. 

So, what does this mean for potential claimants and defendants? That mailbox you hit with your car on your first solo drive in 1996? Rest easy: the statute of limitations on property damage claims in New Jersey is six years, so you’re safe. 

The flip side, though, is that if you have a legal complaint, you need to file it with the court as soon as possible or risk having it dismissed due to the expiration of the limitation period. 

There are some limited circumstances in which limitation periods don’t apply, or in which the limitation period doesn’t start ticking away until some time after the incident in question occurred.

If, for instance, the effects or damages of a certain act do not occur until much later than the incident itself, the limitation period may start from when the effects became reasonably apparent. For example: Mr. Burns may yet be liable for dumping toxic waste into the Springfield River in 1999 if the effects of the waste on the town’s water supply and on the health of Springfield’s citizens weren’t detected until 2019. 

Processes involved in civil lawsuits

What happens once a civil lawsuit kicks into action? 

Each case is different, and there may be an opportunity to resolve matters via mediation or arbitration even after a suit is filed. Barring that, though, here are the general processes involved: 

The defendant files an answer

The defendant will have a certain number of days from the date of service to file their answer, together with a filing fee. 

Discovery

In most civil cases, a plaintiff must prove the facts of their case by “a preponderance of the evidence,” meaning they need only show that a fact is more likely than not to be true for it to be accepted by the court.

To this, of course, each party will need to present evidence. Often, this is collected during “discovery.”

Discovery refers to a period during which both parties are required to provide the other with copies of all relevant documents and information relating to the claim.

This is true whether those documents help or hinder the claim. Failure to provide relevant information or documents can result in censure by the court or, in extreme cases, dismissal of your case. 

Trial, summary judgment, or dismissal

If the court determines early on that the defendant has no reasonable defense to the claim or that the claim is baseless or has no legal merit, the plaintiff may be awarded summary judgment. 

The case may also be dismissed without the need for a trial.

The length—and cost—of civil cases varies

Clients often ask us how much time or money it takes to resolve a civil case. Based on our experience with similar cases, we do our best to provide an accurate time frame for our clients so they know when they can anticipate a resolution to their dispute.

However, justice isn’t always swift. There are no hard and fast rules, and how long a case lasts (and how expensive it becomes) can be affected by several factors:

• Complexity of the case
• The number of parties involved 
• Availability of judicial resources, like courtrooms, judges, and juries 
• Whether expert testimony is required 
• Whether a case can be settled before going to trial

Possible awards and damages  

Civil court judges wield different powers of punishment to criminal court judges, and usually can only impose a fine or monetary judgment, not jail time. 

If you win a money judgment, don’t expect a same-day deposit. The court is not responsible for enforcing a judgment, and there is no guarantee that a defendant will be ready to pony up on the spot.

You may need to pursue enforcement actions to compel a judgment debtor to pay. In this scenario, there are several avenues you can take, which are outlined on the court websites. 

Taking the next step

Now that you know the ins and outs of civil lawsuits, you’re better prepared to decide whether you’d like to file one—or what you should do next if someone files a civil lawsuit against you.

In either circumstance, the experienced civil litigation attorneys at The Law Offices of Andrew Dressel LLC can help you understand your options and identify the right legal strategy for your unique situation.  

Contact us to schedule a consultation with an experienced, empathetic attorney who can walk you through the more nuanced details of civil claims based on the unique circumstances of your case.

The content in this article is for general informational purposes only. It should not be construed as legal advice or a substitute for legal advice. The information above does not create an attorney-client relationship. Any reliance you place on such information is therefore strictly at your own risk.

“Discovery.”

It’s more than your favorite platform to binge the latest docuseries or reality TV shows.

It’s also the name given to the period during which each party involved in a civil claim must provide the other with evidence. 

During discovery, attorneys seek out details that support their client’s case in piles of documents, respond to written requests for information, take depositions, and more. And while you might imagine a vigorous closing argument in court being the deciding factor in your case, this pre-trial period is of the utmost importance in resolving your civil matter. 

Because it’s so crucial to the success of legal matters, anyone embarking on a civil lawsuit should have a full understanding of discovery. Let’s look at what it is, how it works, and what you can do to best support your claim.  

Discovery: what it is and how it affects civil litigation

Discovery facilitates a thorough exchange of pertinent information between the parties involved, ensuring that both sides have a fair opportunity to present their case and respond to the other’s claims. The process promotes transparency, discourages deceit, and significantly influences the trajectory of the case. 

Unless the requested information is privileged, both parties are required to provide the other with copies of all relevant documents and information relating to the claim, regardless of whether those documents help or hinder their case.

Ultimately, discovery can influence whether a case goes to trial or is settled out of court, and what the overall outcome might be. This process can be complex and demanding, which is why legal guidance is typically instrumental during this phase of civil litigation. 

Different types of discovery

During the discovery period, a variety of tools are at each party’s disposal, including depositions, interrogatories, request for documents, inspection of property, and request for admissions.

Your attorney may use any combination of these to build the body of evidence needed to support (or refute) the claim. 

Depositions

A deposition is a question-and-answer session conducted out of court, but under sworn oath. 

Plaintiffs, defendants and third-party witnesses may all be deposed during a lawsuit. Statements made under oath during a deposition can be used as evidence in court, and if you are found to have lied during a deposition, you can be charged with perjury.

If you are deposed, you are entitled to have your attorney present at the deposition with you. Your attorney will monitor the deposition and object to any inappropriate or irrelevant questions. 

Interrogatories

Interrogatories are written questions sent to the opposing party. They must be answered under oath and within a certain timeframe. Interrogatories are a good way to get basic information and identify potential witnesses and evidence. 

They’re also helpful for pinning down the other party’s version of events.

Request for Documents

A request for documents is exactly what it sounds like—a formal demand for the other party to produce relevant documents in their possession. 

This could include emails, contracts, financial records, or anything else that could be helpful to your case. Requests for documents are essential for gathering evidence and uncovering the other party’s strategy.

Inspection of Property

Sometimes, you need to see the evidence for yourself. Literally. 

An inspection of property allows you to examine tangible objects that are relevant to the case, like a damaged car, a defective product, or the SD card that holds footage from a home security camera. Inspections can be crucial for understanding the facts and supporting your claims.

Request for Admissions

Requests for admissions are a way to get the other party to agree to certain facts without having to prove them at trial. This can save time and streamline the litigation process. 

For example, you could ask the other party to admit that they were driving the car at the time of the accident or that they signed the contract in question.

Discovery and the duty to preserve evidence

Anyone who is party to a lawsuit, or anticipates becoming a party to a lawsuit, has a duty to ensure that all potentially relevant evidence is preserved, so that it may be made available to the court during the discovery process. 

This means that parties are required to refrain from destroying or disposing of any evidence that might be relevant to the lawsuit, particularly anything that might support the opposing party’s claim or harm their own. Failure to take reasonable steps to preserve evidence may result in sanctions imposed by the court.

In other words, don’t make any attempt to “cover your tracks” or delete communications associated with the claim, even if you believe that you didn’t do anything wrong. 

Evaluating information: what is privileged information vs relevant information

During discovery, each party must provide any information relevant to the claim. However, some documents do not need to be provided if they are privileged. 

Determining what is “relevant” or whether something is “privileged” can be tricky, as there are specific legal requirements that must be met. (Those embarrassing mirror selfies you took last week probably wouldn’t qualify as privileged in a tenancy dispute with the apartment owner, but, luckily for you, they’re unlikely to be relevant).  

It is strongly recommended that you engage an attorney to help you with your claim and the discovery process. Failure to provide relevant information or documents may result in censure by the court or, in extreme cases, dismissal of your case entirely. 

Support your claim by being proactive about discovery 

You can reasonably expect to provide a plethora of documents during the discovery process, so do yourself a favor! Get proactive and start collecting any information that may be relevant as soon as you know that you’ll either be pursuing or defending against a civil claim. 

If in doubt, err on the side of caution and provide anything that could potentially be relevant. Your attorney will review the documents and assess what needs to be provided to opposing parties during the discovery process. This will also help your attorney prepare any necessary defenses or arguments in support of your claim. 

Contact an attorney for your civil litigation matter

Discover is about more than compiling information. There are specific guidelines that each party must follow, and violating them may be detrimental to the progression of your matter.

An experienced attorney can walk you through this essential stage of civil litigation with confidence and sound legal strategy, helping you reach the best possible resolution for your unique situation.

If you’re ready to move forward, contact The Law Offices of Andrew Dressel LLC now to schedule a consultation.

The content in this article is for general informational purposes only. It should not be construed as legal advice or a substitute for legal advice. The information above does not create an attorney-client relationship. Any reliance you place on such information is therefore strictly at your own risk.