What is Civil Litigation?
When people can’t resolve a dispute on their own, they sometimes turn to the courts. Civil litigation is the process of resolving those non-criminal disagreements between individuals, organizations, or even companies.
Typically, the goal of civil litigation is to find a way to right a wrong. This often involves financial compensation to the person who was harmed, or it may involve compelling someone to fulfill a specific obligation.
Understanding civil litigation is crucial because it offers a structured way to resolve conflicts and protect your rights. If you’re involved in a dispute, knowing the basics of civil litigation is a must.
In this article, we’ll break down the meaning of civil litigation, covering the common types of cases, what the litigation process looks like, and some key considerations to keep in mind.
What is civil litigation?
Civil litigation is a legal process that people, organizations, or companies can use to resolve a dispute. Unlike criminal litigation, which involves offenses against the state, civil litigation typically involves one party seeking damages from another.
In civil litigation, the party who brings the lawsuit is called the plaintiff. The plaintiff is seeking some kind of remedy for harm they believe they’ve suffered. The party being sued is called the defendant.
Key characteristics of civil litigation
Here are some things to know about civil litigation:
- The focus is on compensation. Civil cases are generally about providing a remedy to the plaintiff, such as money or recovery of property.
- The burden of proof is on the plaintiff. To win a civil case, the plaintiff has to prove their case with enough evidence.
- Many cases are settled out of court. Negotiation, mediation, and arbitration are common ways that civil cases are resolved without going to trial.
Common Types of Civil Litigation Cases
Civil litigation spans a wide range of disputes. Here are some of the most common types of cases you’ll see in the civil courts:
Personal Injury
Personal injury cases arise when someone is hurt — physically, mentally, or emotionally — because of someone else’s negligence or intentional actions. For example, car accidents, slip-and-fall incidents, and defective product claims are all personal injury cases.
Medical Malpractice
Medical malpractice is a specific type of personal injury that involves negligence or misconduct by a healthcare professional. To win a medical malpractice case, you generally have to show that the healthcare provider’s actions fell below the accepted standard of care and that this failure directly caused your injury.
Workers’ Compensation
Workers’ compensation is a system designed to provide benefits to employees who are hurt on the job. Unlike personal injury cases, fault doesn’t matter in workers’ comp. If you’re injured while performing your job duties, you’re generally entitled to benefits, regardless of who was at fault.
To file a workers’ compensation claim, you need to report the injury to your employer, seek medical treatment, and then file a claim with your employer’s insurance company.
Business and Commercial Litigation
Business and commercial litigation involves disputes that arise from business transactions, contracts, or commercial relationships. These can include disagreements over contracts, partnership squabbles, and intellectual property violations.
Contract Litigation
Contract litigation is a subset of business litigation that focuses specifically on disagreements over the terms of a contract. These could be disputes about non-disclosure agreements (NDAs), consumer contracts, or lease agreements.
Family Law Litigation
Finally, family law litigation encompasses cases involving divorce, child custody, and child support. These cases are often emotionally charged and require a sensitive approach.
The Civil Litigation Process: A Step-by-Step Overview
So, how does a civil lawsuit actually work? Here’s a breakdown of the typical stages:
Initial Steps: Filing a Complaint
It all starts when the plaintiff—the person or entity bringing the lawsuit—files a “complaint” with the court. Think of the complaint as the opening argument. It outlines what the plaintiff is claiming happened, why they believe they’re entitled to compensation, and what specific relief (usually money) they’re seeking.
Discovery Phase
Next comes discovery, which is basically a fact-finding mission. Both sides get to dig into the details of the case. Common discovery tools include:
- Interrogatories: Written questions that must be answered under oath.
- Depositions: Oral examinations where witnesses are questioned by attorneys.
- Requests for Documents: Demands for relevant documents and other evidence.
Pre-Trial Motions
Before the trial itself, lawyers often file “pre-trial motions.” These are requests to the court to rule on specific issues or limit what evidence can be presented at trial. Examples include:
- Motions to Dismiss: Asking the court to throw out the case entirely.
- Motions for Summary Judgment: Arguing that there’s no genuine dispute of fact and that one side should win automatically.
Settlement and Mediation
Many civil cases never actually go to trial. Instead, the parties try to negotiate a settlement—a mutually agreeable resolution. Mediation can help with this. In mediation, a neutral third party helps the parties communicate and explore potential solutions.
Trial
If a settlement can’t be reached, the case proceeds to trial. At trial, both sides present evidence, examine witnesses, and make arguments to the judge or jury. The judge makes rulings on legal issues, while the jury (if there is one) decides the factual questions.
Judgment and Appeal
After the trial, the court issues a judgment—the final decision in the case. The losing party then has the option to appeal the judgment to a higher court.
Understanding Damages in Civil Lawsuits
In a civil lawsuit, the person or entity that has been harmed can seek compensation, or damages, from the person or entity that caused the harm. These damages can take several forms:
Economic Damages
Economic damages are those losses that can be easily calculated in terms of money. For example:
- Medical bills
- Lost earnings
- Property damage
Non-Economic Damages
Non-economic damages are more intangible and harder to put a specific dollar amount on. These can include:
- Pain and suffering
- Emotional distress
Because everyone experiences pain and emotional distress differently, these types of damages are more subjective and can be difficult to quantify.
Punitive Damages
Punitive damages aren’t awarded to compensate the plaintiff; instead, they are intended to punish the defendant for particularly bad behavior and to discourage others from acting in the same way in the future.
These damages are usually only awarded in cases where the defendant’s conduct was intentional or grossly negligent.
Statutes of Limitations and Other Considerations
There are a few things you should keep in mind as you consider whether to pursue a civil lawsuit.
Statute of Limitations
A statute of limitations sets a strict time limit for when you can file a lawsuit. If you wait too long, you could lose your chance to have your case heard in court.
These deadlines vary depending on the type of case. For example, in Colorado, you generally have two years from the date of an injury to file a personal injury claim. Contract disputes, on the other hand, may have longer deadlines.
Costs and Considerations of Litigation
Civil litigation isn’t free. You’ll likely have attorney fees, court costs, and possibly expert witness fees to contend with.
It’s important to carefully weigh the strength of your case and the potential costs before diving into litigation. Make sure you understand the potential risks and rewards involved.
Frequently Asked Questions
What are the duties of a civil litigator?
A civil litigator’s duties are wide-ranging and encompass the entire lifecycle of a lawsuit. They start by investigating the facts of a case, interviewing clients and witnesses, and gathering evidence. They then draft pleadings (like complaints and answers) and file them with the court. Next, they engage in discovery, which involves obtaining information from the opposing party through interrogatories, depositions, and document requests. They may also participate in motion practice, arguing legal points before a judge. If a settlement can’t be reached, they’ll prepare for and conduct a trial, presenting evidence and arguing their client’s case. Finally, they may handle appeals if necessary.
How serious is a civil lawsuit?
A civil lawsuit’s seriousness depends entirely on the specific circumstances. Some cases might involve minor disputes with relatively small financial stakes. Others can be incredibly high-stakes, involving millions of dollars, significant reputational damage, or even the future of a business. The emotional toll on the parties involved can also be substantial, regardless of the monetary value. It’s crucial to remember that even seemingly “small” cases can have significant consequences for the individuals or businesses involved, so it’s always wise to seek legal advice if you’re facing a civil lawsuit.
Putting It All Together
Civil litigation is a structured process for resolving disputes between individuals, organizations, or both. It encompasses a wide array of case types, unfolds through distinct stages, and can lead to various outcomes, from settlements to court judgments.
Navigating the civil litigation landscape can be complex, which is why it’s crucial to seek guidance from an experienced attorney. A lawyer can protect your rights, advise you on the best course of action, and skillfully guide you through the legal procedures.
Ultimately, civil litigation plays a vital role in maintaining a just and equitable society. It provides a formal avenue for resolving conflicts, ensuring accountability, and upholding the principles of fairness and the rule of law for everyone.