Litigation is a fancy word for lawsuits and the professionals involved in lawsuits are called litigants.
Civil litigation is the process of resolving disputes between two or more parties; such disputes could be about a dog bite, defective product, professional malpractice, breach of contract, divorce, custody cases and so on. Most civil suites involve money: depending on the amount and subject matter jurisdiction they may find their ways to small claims courts, superior courts, courts of appeals, federal courts and so on.
Civil Litigations for Personal Injuries
Personal injury cases mostly settle with negotiation and settlement outside the court. If not, the next step is, usually, arbitration or mediation. During this process cases get resolved with both parties' agreement. If this is not working in your case, the next step is civil litigation and this is the process of filing the lawsuit against defendant/s. It is important to decide whether a lawsuit is a viable option in your case.
Following are some points to be considered before filing the lawsuit:
• Where to File Your Lawsuit?
The venue (appropriate court) to file the lawsuit is very important. It is advisable to consult an experienced attorney's help for guidance. It can be filed from more than one district but without proper knowledge, deciding on the venue can result in dismissal of the case.
• Monetary Limits
The compensation you are planning to claim has to be within the limits of the court's jurisdiction; or else, your case will be dismissed. For example, if you are filing a civil litigation for personal injury case for $20,000, your case must be filed in appropriate court or your case will be dismissed without adjudication.
• Is Your Case Winnable?
If you strongly believe that you have major damages and is worth spending time and money it requires for the lawsuit, then proceed with the lawsuit. Remember in court you must prove your damages by presenting admissible evidence. Simply showing that you are injured does not prove your case.
• Attorney's Fees
Attorney's fee is very important to consider whether you are filing a lawsuit and/or damage claim. However, if a Reputable, Experienced and Credible Lawyer takes your case, chances are that she or he will recover a lot more than you could on your own. Moreover, most Personal Injury Lawyers in California and most other jurisdictions are allowed by law to take such cases on a contingency basis. This means, they will use their own money to pay for most costs if not all, which sometimes could mount up to tens of thousands of dollars. And they will only get paid, if your case is settled in court or out of court with an adequate award.
This fee arrangement is called Contingency Fee arrangement and most Competent Lawyers will make sure your case is based on strong foundation. Otherwise, they could lose a lot of their own money plus valuable time and reputation.
Here at www.ChosenLawyers.com we try our best to bring Highly Competent, Credible and Compassionate Lawyers in all fields of Law including Personal Injury, under one virtual roof. So when you need legal help, a Professional Chosen Lawyer is ready, willing and able to give you a helping hand right from the start. The question is Why Settle for Anything Less?