Legal matters can often be elaborate or confusing. However, few cases are as convoluted as complex civil litigation cases can be. These cases can take up a great deal of time and require a lot of work. On top of that, detailed factual and legal issues are often involved. More often than not, multiple attorneys and parties are a part of these cases. Long trials, significant sums, expert witnesses, and complicated subjects are frequently involved.
When you think about how much is involved in cases of this nature, you’ll be able to understand why it’s so important to partner with experienced civil litigation lawyers serving Las Cruces that have handled these kinds of cases before. Your legal team should have strong negotiation skills, valuable connections, access to important resources, and plenty of experience in court.
FBD Law has taken on many complex civil litigation cases. We have represented corporate and individual clients in federal and state courts. We’ve also worked with arbitrators. Thanks to our extensive experience, resources, and skills, we’re always able to establish strong cases for our clients. Our goal is to minimize litigation which should reduce costs for clients. However, if cases do escalate, we will be there to fight for you. Call FBD Law at (505) 842-9960 so that you can schedule a free case assessment.
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Civil Litigation: What It Covers
Before you look into hiring an attorney, you’ll want to find out more about civil litigation. This legal process covers two-party disputes that don’t involve criminal sanctions. If a litigation case does not include penalties or criminal charges, it falls into this category.
If civil disputes do escalate to trial, the burden of proof is typically less stringent than it would be during criminal litigation. During criminal cases, prosecutors must provide strong evidence and establish that the accused is guilty beyond a reasonable doubt. When it comes to civil litigation, however, it is only necessary to prove the case by a preponderance of evidence or, in some cases, by convincing evidence in order to win.
Attorneys that focus on civil litigation are known as trial lawyers or litigators. Because civil litigation includes any legal cases that are non-criminal, civil litigators can fill many roles. Antitrust, personal injury, product liability, real estate, and civil rights are just some types of cases a litigator may take on.
What Is Complex Civil Litigation?
This term refers to cases that typically involve more than one party, large sums, and long trials. These cases are typically very complex. In most cases, only one judge will oversee the case from start to finish.
It’s standard for more than one lawyer to be involved in these cases. Plaintiffs and defendants may be in many locations. Expert witnesses are often called. The discovery process is fairly detailed, and the legal matters that are covered are usually quite complex.
Stages of Complex Legal Litigation
No two cases are exactly alike, but you can usually assume that complex civil litigation cases will involve certain steps. If you’ve considering civil litigation, you’ll want to talk with a lawyer first to determine whether you have a case. You’ll also want to seek insight so that you can take the right strategy. However, you should be aware that not every lawsuit is going to go through these stages:
The complex litigation process begins here. All cases begin with this phase. Lawyers must work to collect evidence that will strengthen your case. It’s common for attorneys to work with private investigators. Your civil litigation lawyer serving Las Cruces will look closely at the circumstances of the case and use the evidence to construct the strongest case possible.
You should keep in mind that your opponent will be actively working to disprove the claims you are making. When you make a claim during litigation, you need to back it up with evidence. That’s why it’s important to gather as much evidence as possible to support your case.
These court documents specify the issues that will be brought up during a legal case. During civil litigation, every party must file a pleading that gives their account of what happened. The pleading that the plaintiff files is called a complaint. Complaints go over the facts of the case and what the accused party has done wrong. It will also specify damages. This complaint must be formally served on the defendant unless the lawyer representing the defendant agrees to have it delivered to him or her.
The pleading that the defendant files is called an answer. In this pleading, a defendant has the opportunity to ask for additional clarification or respond to the accusations that the plaintiff has made. It should be noted that pleadings are usually public information.
The most time-consuming step in complex civil litigation is the discovery stage. This stage is when litigators work to obtain information that is relevant to the case. This could involve subpoenas, interrogations, and depositions. Depositions are oral statements that a party provides while under oath. Interrogations are formal questions that are made to clarify factual matters. Subpoenas are summons that ask a third party to provide documents or specific information.
The purpose of this stage is to establish the facts of the case. It provides an opportunity to gather information and collect documentation that supports your case. All parties involved will have the opportunity to exchange the collected evidence and information. This will allow the legal teams for the defendant and the plaintiff to build a strong case.
This stage is when legal teams can start meetings and negotiate. It’s common for settlements to be reached during this step, particularly in personal injury cases. Settling a case before a trial can reduce costs and stress. Typically, the lawyer of the plaintiff will request an appropriate settlement. The defendant’s lawyer will have the opportunity to submit a counteroffer.
Parties can also file motions requesting to have parts of a case dismissed or ask the court to rule on the case ahead of the trial. Cases can be dismissed for many reasons. For example, a case may be dismissed if there is not sufficient evidence to support the case.
If parties cannot come to an agreement during this stage, trial proceedings will begin. During the trial, all parties will have the chance to present their case in a court a law. A jury may be involved in the case. Ahead of trial proceedings, parties will submit briefs to the judge overseeing the case. These briefs will go over the evidence and the arguments being made.
Civil trials give all parties the opportunity to call witnesses and submit evidence. Witnesses can be cross-examined by the lawyers of both parties. At the conclusion of the trial, a verdict will be decided on. The verdict may be determined by the judge or the jury.
It should be noted that it is still possible to come to a settlement after the trial stage has begun. The case may be resolved before the parties that have been named have set foot in the courtroom. After the courts have determined a settlement, any of the parties involved have the opportunity to make an appeal.
When parties are not happy with a case’s outcome, they can choose to appeal the ruling. The goal of the appeals process is to go over the case. The decision can be altered or even reversed during this time. The appeals process may not start right away. However, once things have begun, you can expect that things will progress more quickly than they did originally. After all, your attorney will have already collected the evidence and information needed for your case.
Get in Touch With a Lawyer Who Can Handle Your Civil Litigation Claim in Las Cruces
As the name implies, complex civil litigation cases can be quite convoluted. If you’re involved in one, you may be worried and searching for additional information. You’ll want to partner with an experienced civil litigation lawyer that has access to essential resources. That way, they’ll be able to establish a strong case on your behalf no matter how complicated things are.
At FBD Law, we have plenty of experience in the courtroom. We work with many types of clients, including businesses, consumers, and individuals. Our goal is always to achieve a satisfactory outcome.
We can handle any case, no matter how intricate it is. We have a great deal of legal experience and plenty of knowledge at our disposal. If you’d like to set up a free assessment for your case, reach out to FBD Law by calling (505) 842-9960. We’d be happy to go over your case with you. From there, you can decide what you’d like to do next.