How Do You Win A Civil Litigation Case?
Civil litigation occurs if there is a legal dispute between two separate parties. Cases in civil litigation go through a process where parties will try to settle disputes, and if they cannot, cases are brought to court where a judge will decide an outcome. In certain cases, a jury may be involved.
Civil litigation does not involve any criminal accusations. There are several types of legal matters that fall under civil litigation.
Some of the things that could be categorized as civil litigation include:
- Personal injury cases
- Intellectual property disputes
- Labor disputes
- Medical malpractice cases
Civil litigation cases could result in an exchange of money or property, or simply action needing to be taken that the court assists in enforcing.
Civil Litigation Process
Civil litigation cases differ from one case to the next but they almost always follow a similar process.
First, the involved parties seek legal representation, consult with an attorney, and begin building their cases. Each party will investigate their side of the case to gather information, details, and evidence. After this, each party will file pleadings, which are documents submitted to the court that explain their side of the situation.
The next step is called “discovery.” Each party will go through in-depth legal research, review the documents submitted, interview witnesses, and other steps to collect as many facts as possible. This part of the process can be quite lengthy and is where most attorneys spend most of their time and effort.
After discovery is completed, the parties will enter a pre-trial. Each party will begin negotiations in an effort to reach a settlement. If a settlement is reached, the litigation is over and will not progress to trial. Throughout pre-trial, each party can attempt to have parts of a case dismissed before moving to trial.
Should a case move to trial, the circumstances of the case will determine whether or not the outcome will be decided by solely a judge or if a jury will also be involved. Both parties will submit documents to the judge explaining their arguments and presenting their evidence.
Each party has the option to make opening statements, pursue questioning and arguments, and have closing arguments. After this, the judge (and jury if involved) will decide on a verdict. The entire process can be very lengthy and costly.
How do you win a civil litigation case?
The most important step you can take in an attempt to win a civil litigation case is to seek proper representation. The attorneys with Levin Law Group are knowledgeable and experienced in various areas of civil litigation.
To win a civil litigation case, a burden of proof must be met. Working with an attorney, you would have to present enough evidence to prove you are telling the truth and are entitled to legal remedy by means of compensation or action being taken.
This could come in a variety of ways. An example would be a claim in which you would prove there was a breach of contract. You would have to prove that the other party did not fulfill the obligations that were established in the contract and that this breach resulted in damages.
Another example would be in a discrimination case against an employer. You would have to prove that you were illegally discriminated against and that this discrimination caused you some sort of hardship or harm.
An attorney from Levin Law Group can help prove your case by carefully reading and interpreting the specific laws that apply to your case. We would create the basis for our argument based on the decision made by a court in similar cases in the past, citing statutes that would apply and researching exactly which laws or regulations may have been broken.
This would all be to show that the other party’s actions had consequences that justify our argument and what you are entitled to. Through evidence gathered as well as expert and eyewitness testimony, we would build the best case possible in the hopes that we win your case.
Levin Law Group has built a team that is both competent and proficient in what they do. By focusing on specific areas of law, we can handle each case with the care and attention it deserves.
If you are involved in a matter of civil litigation, contact Levin Law Group today. Click here for a list of our practice areas to see how we can serve you!