Civil litigation law has often been called the court of last resort. If there is no other way to resolve a conflict, a lawsuit can be filed in order to resolve a lawsuit. For those who are involved in legal disputes, the lawsuits can be some of the most expensive and tiresome to deal with.
Civil litigation law is based on a simple concept, if a person sues another party for damages they have a right to receive what is known as “damages in equity“. Equity is the concept of “justice in equity” and is used to determine how much the injured party should receive and also for future damages that may be incurred from the lawsuit.
If the plaintiff’s lawyer knows that the case will be won or lost, they will work hard to ensure that their client will be paid.
The types of damages are usually determined by the negligence of the defendant or the actual damages from the incident.
The most common type of damages are “breach of contract” and if a lawsuit is settled before a jury trial then there will be no trial and therefore no damages. This process can take a very long time if a case is settled.
Most civil lawsuits have three basic remedies which include punitive damages, compensatory damages and “equitable damages”. Compensatory damages are for a specific financial loss suffered by the plaintiff. These types of damages are decided in court according to what the law believes is fair.
Punitive damages are damages for a bad act by the defendant that caused the plaintiff to suffer damage.
They can include monetary losses that the plaintiff has to pay out to the owner of the property that was damaged or destroyed. Another type of damages is called “tort” which is simply a form of emotional distress.
Forcivil litigation law to work for the plaintiff, they must prove that the defendant was negligent in some way that caused them to be the victim of the negligence. If the jury finds that the defendant acted with “reckless disregard” for safety, the plaintiff will receive compensatory damages. The amount of these damages varies depending on the amount of damage the plaintiff has experienced.
Damage that the plaintiff suffers are listed on the case docket and they will include lost wages, medical expenses, pain and suffering, loss of enjoyment of life, and special damages. These types of damages are determined by the testimony of doctors and nurses who will give testimony about the events that they witnessed or experienced in the case.
If the damages are less than the monetary value of the injuries, the plaintiff must prove that the damages are beyond “mere loss” and must also be “extreme and outrageous” by proving that they were specifically due to the actions of the defendant. Very few of these cases ever go to trial, so the plaintiff must still prove that the damages are not due to negligence.
This is why it is so important to hire a good attorney.
There are several types of attorneys in civil litigation law, these include:
- personal injury,
- public interest,
- and class action lawyers.
The type of attorney that is selected will depend on the type of case at hand and how much money the attorney is going to win for the plaintiff.
When a lawsuit is filed, the plaintiffs should not wait until it is too late, but they should seek out an attorney as soon as possible, especially if they need to consult with a law firm to choose a defense for the case. Sometimes it is only through an attorney that a plaintiff will know that he or she is representing the right person.
To learn more about civil litigation law and the damages that a person can receive, one should seek out an attorney as soon as possible. This will ensure that the lawsuit will get resolved as quickly as possible.