Navigating the Complexities of Civil Litigation in California

Maybe you angrily threatened to sue someone, but that did not solve the problem, and now the only way to get your money or to avoid looking like a fool is to make good on your promise and file a lawsuit. Perhaps you received lawsuit paperwork taped to your door when you came home from work or handed to you by a process server, and you cannot ignore it, even though you stopped collecting your mail and blocked the phone numbers of all the collection agencies. There is a lot more to civil litigation and lawsuits than you might think, and if you are thinking of filing a lawsuit, you might even find out that there is an easier way to resolve your disputes. If you are thinking of filing a civil lawsuit, or if someone is threatening to sue you, contact a Whittier civil litigation lawyer.

What is a Civil Lawsuit?

A civil lawsuit is when parties to a dispute ask a judge to decide the matter for them. The person or company that files the lawsuit is called the plaintiff, and the other person or company is called the defendant. In most cases, the plaintiff alleges that the defendant caused them to suffer financial losses. The following are some common types of civil lawsuits:

  • Personal injury lawsuits, including those arising from motor vehicle accidents, premises liability, product liability, or medical malpractice
  • Debt collection lawsuits, where the plaintiff alleges that the defendant owes them money but has not paid
  • Business disputes, including but not limited to breach of contract
  • Lawsuits by homeowners against building contractors who collected payment but did not complete the work or did so in an unsatisfactory manner
  • Lawsuits by employees against employers over unpaid wages, including but not limited to unpaid overtime
  • Employment discrimination lawsuits
  • Lawsuits by sexual abuse survivors against individual abusers and institutions where the abuse occurred

Civil lawsuits have several key differences from criminal cases. If the case goes to trial, the outcome is the court’s ruling in favor of the plaintiff or the defendant. In other words, the court either orders the plaintiff to pay the money he or she is requesting or it does not. By contrast, in criminal cases, the outcome of a criminal trial is a verdict of guilty or not guilty. Criminal trials almost always have a jury, but civil trials only sometimes do. The standard of evidence to get a ruling in favor of the plaintiff is lower than the standard of evidence to get a conviction in criminal court. In a civil case, you must only show a preponderance of the evidence, not prove your case beyond a reasonable doubt.

How Do Civil Lawsuits Work?

A civil lawsuit formally begins when the plaintiff files the lawsuit in court, and a process server gives the defendant a copy of the lawsuit. In practice, the plaintiff and his or her lawyer have been preparing the lawsuit for a long time. The defendant must respond to the lawsuit by the deadline, and then the discovery phase begins. The plaintiff and defendant request evidence from each other, and sometimes they take depositions of witnesses. Like divorces and criminal cases, most civil lawsuits do not go to trial. Instead, the plaintiff and defendant usually agree to a settlement during the discovery phase, with the plaintiff receiving some or all of the money that he or she originally requested.

Alternatives to Civil Lawsuits

Civil lawsuits are no one’s idea of a good time. They are time-consuming, and you must pay for all the time that lawyers spend working on your case; lawsuits are not routine matters where lawyers charge a flat fee, such as for drafting a prenuptial agreement or employment contract. Therefore, if there is another way of resolving your dispute, you should pursue it. You may be able to go through mediation through the courts, like what happens in family law cases. In mediation, the plaintiff and defendant negotiate to reach a settlement with the help of a mediator.  Another option is arbitration, where an arbitrator decides the matter, and the parties sign an arbitration agreement. Mediation and arbitration are known as alternative dispute resolution (ADR).

Contact the Law Offices of Omar Gastelum About Civil Litigation

A civil litigation attorney can help you file or respond to a civil lawsuit or resolve your dispute without filing one. Contact the Law Offices of Omar Gastelum and Associates APLC in Whittier, California, to set up a consultation.

Sources

Alternative Dispute Resolution (ADR) – alternative_dispute_resolution (ca.gov)

A Whittier civil litigation lawyer can represent you in a personal injury lawsuit, sexual abuse claim, business dispute, or employment dispute.