Civil litigation comes into play when the courts are asked settle a conflict between the parties to something like a marriage or domestic issue, a breach of contract or a personal injury dispute. Cases are usually heard in municipal, state or federal civil courts rather than in a criminal court. They are typically settled by either awarding the plaintiff, or injured party, financial damages or ruling that there is not enough evidence to warrant doing so.
If you are the plaintiff in the case and are tired of trying to reach an out of court settlement with the defendant or his insurance company, consult with an experienced attorney before you decide to file a lawsuit. The threat alone may be enough to trigger a response, but if the case does go to court you are always at risk of losing.
A well established attorney will be able to tell you if you have enough evidence to support a personal injury claim. Once your case is in the hands of the legal system the only thing that matters is if your evidence is sufficient to prove that the defendant was indeed at fault. Even if you have all your ducks in a row it may not be worth the time and expense to take your case to court, unless the compensation is substantial.
If you are determined to go ahead with litigation your personal injury attorney can advise you on how best to go about it. If you file in the wrong jurisdiction for instance, your case could be dismissed before it even gets to court. Each court has what is called a “monetary limit,” so that if you are asking a court to award you an amount of money that exceeds its limit you may have to refile in a higher court which will mean additional fees for you.
If the court rules in your favor you will still have to face the possibility of impending appeals especially if you’re dealing with an insurance company lawyer. A final settlement could take years to achieve.
Talk to the professionals of Parker Lawyers before you make any final decisions. Call our offices @ 303-841-9525.