The Process of Litigation

Facing a lawsuit can often be a scary and stressful event, even if you are the plaintiff in the case. The time, money, and learning the first steps to take within the judicial system can seem overwhelming. Luckily, while each case is different, there are universal steps that must be taken in each lawsuit.

Parts of a Lawsuit

1. Complaint

This is the beginning of the lawsuit in which the plaintiff formally states his or her grievance against the defendant, alleging which laws the defendant violated and asks the court for remedy.

2. Answer

After the defendant has been served, he or she is then able to answer the plaintiff by either denying or admitting what the plaintiff has claimed.

3. Trial*

In the case of a trial, the outcome of a case is decided by a judge and jury of one’s peers.

*an alternative to a traditional trial setting in a civil case is called arbitration, which means a private person decides the case between the two parties. Arbitration hearings are based on evidence and testimony and typically are decided very quickly. In addition to this, they are also private and not open to the public as court hearings are, and significantly less costly since lawyers are not required. However, arbitration is not the best choice for all cases as it is difficult to appeal to the courts a decision made through arbitration, and monetary awards are more difficult to enforce because they must be filed separately through the court system once the award is granted through arbitration

There are often steps in between the three main steps of a lawsuit. Generally, one or both parties make “motions“, meaning, they ask the court to either delay a hearing, dismiss the suit, or request more information. Discovery is another fact-finding process in a lawsuit where documents and depositions are submitted to court. This is an important process of a lawsuit and many cases are lost due to insufficient evidence.

Choosing a litigation lawyer Townsville

If you find yourself in a dispute that cannot be solved through law enforcement, you need to seek out a qualified litigation lawyer to bring a lawsuit before the court system. There are many types of disputes that may be handled such as:
 

  • Landlord/Tenant
  • Neighbors
  • Employee/Employer
  • Homeowners
  • Victims of Accidents

Be advised that the statute of limitations may come into play in many types of cases, so it is best to immediately begin the process of finding a lawyer and preparing your case. Also, in certain cases, time is of the essence, such as settling outstanding loan or credit card debts that have been defaulted on.It may be possible to settle without expending even more money through court hearings if you obtain a qualified lawyer who can help you to obtain the best outcome possible. If you are unsure as to whether you need legal representation, it is best to book a consultation with a lawyer to discuss your options.