Legal cases of any type can be challenging, complex, and difficult to handle. Complex civil litigation cases take a great deal of time and labor and involve nuanced legal issues. This can lead to lengthy trials, large legal fees, multiple expert witnesses, and challenging subject matters.
Due to how complex these types of trials can be, it is advised you work with a civil litigation lawyer near Roswell that is well-versed in the law, experienced in negotiating, has proven trial experience, as well as the connections, and resources to handle your case.
At FBD Law, we are a team with tremendous experience dealing with complex civil litigation and we have provided legal services to hundreds of corporate clients over the years. We are more than happy to assist with cases involving different government officials and are always ready to provide ample resources, skills, and experience to build a strong case. We are also proud to help minimize legal costs while ensuring the right path is taken to fight for your legal rights. To get started, please take the time to call us at (505) 842-9960.
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What Is Civil Litigation?
Before getting started on understanding what our law firm brings to the table, it’s important to dive deeper into the nuances of civil litigation. Civil litigation refers to a legal process designed to settle a dispute between two parties that are aside for criminal charges. This includes other losses the client may be dealing with that were caused by another party. Civil litigation tends to involve a plaintiff that is after a certain amount of compensation due to the other party’s actions. This can include cases between two individuals, an individual, and business, a business and another business, or an individual and a government entity.
With complex civil litigation cases, the burden of proof is not as high as it would be with criminal cases. A criminal lawyer is required to provide overwhelming evidence to ensure no doubt is left about the guilty party. With civil litigation, it’s not as clear as this and the party that prevails usually only has to prove the case by a preponderance of evidence or, in some cases, by convincing evidence in order to win.
Legal professionals that handle these types of civil litigation cases are known as trial lawyers or litigators. This includes all types of non-criminal legal cases, which is why a trial lawyer can handle a myriad of cases depending on their client’s needs. This can include things such as civil rights law, liability lawsuits, personal injury claims, antitrust legislation, and/or real estate litigation to name a few.
Complex Civil Litigation
Complex civil litigation refers to any type of civil litigation where two or more parties are involved, and there are complex legalities, long court trials, and large legal fees. These cases will often be heard by one judge from beginning to conclusion.
These cases are noted for dealing with multiple attorneys, a long list of plaintiffs/defendants, expert witnesses, nuanced legal issues, procedure complexities, difficult damage determination, and comprehensive discovery.
Stages of Complex Legal Litigation
Each case goes through a set of legal steps before concluding. These can vary depending on the case and its relevant details, but the steps are generally the same for every situation. To move forward with civil litigation in Roswell, NM, a legal professional is necessary to make sure a strong case is put together that is built on relevant details.
The first step involves a complete investigation into the process and what took place. This will include your civil litigation lawyer going through an investigation phase using a private investigator to figure out what took place and what type of evidence is available in your favor.
This can make it easier to win a case and come out on the right side of things with a strong case. With a civil litigation case, the opposing side is going to try its best to discredit you, which is why having as much evidence as possible is the way to go.
The second stage involves pleadings where court documents help outline key issues associated with the case. Both parties are required to file a pleading, which highlights what their point of view is. On the plaintiff’s side, this pleading is termed as a complaint. The complaint highlights the wrongdoing of the accused party, damages suffered, and other essential facts surrounding the case. 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 defendant will be expected to file a pleading, which is known as the answer. With this, the defendant will either reply to the plaintiff’s accusations or ask for additional information associated with the case. Pleadings are usually public information.
Discovery is noted for being the most time-consuming part of the legal process with complex civil litigation. This is a phase where a considerable amount of information is pushed forward including depositions, subpoenas, and/or interrogatories. With a deposition, the idea is to have a complete oral statement from a witness and/or opposing party while under oath.
With interrogatories, the idea is to ask a specific set of questions from one litigant to another. This is done to learn more about the case and its legal facts. A subpoena is designed to seek additional information from a particular party. This information can be passed onto the other party if necessary.
Once all of the questions have been asked, it’s time to move onto pretrial proceedings. This includes both legal parties getting together and going through conferences and/or negotiations. This is done to make sure one party has the opportunity to settle before going to court as it can save quite a bit in legal fees.
This is when the plaintiff’s attorney will take the time to put together a settlement option for the other party and they can come up with a counteroffer if required. The offer doesn’t have to be made right away but should occur within this stage.
The pretrial can also lead to a motion being set up to request the legal dismissal of certain parts of the case beforehand.
This is after every attempt has been made on settling between the two parties. If the case cannot be resolved through a settlement, a trial date is going to be set up where the case is presented in front of a judge. This will vary depending on the legal circumstances of the case as some will require the use of a jury. When the trial is set up, both parties are going to send briefs to the judge. This includes all relevant information involving their arguments and/or evidence.
With a civil trial, the idea is to present relevant evidence and witnesses. Both attorneys can take the time to cross-examine witnesses if they choose to do so. The verdict is finalized by the judge and jury.
It’s important to note, a lot of cases are settled during this stage too. In some cases, the parties never make it to court and settle outside. If a settlement is made, this is then declared the outcome. Any further action has to come through an appeal.
The final stage involves an appeal if one of the parties isn’t satisfied with the result. The appeals process involves a deeper dive into how the case unfolded and whether or not the decision should be changed or reversed. This often moves faster than the original trial as most of the information is readily available for both sides.
Speak to a Trusted Civil Litigation Lawyer at FBD Law
For those facing a difficult civil litigation case, we realize it’s important to have all the answers to your questions moving forward. Whether it’s complexities involving your rights or how the case is going to transpire, we are more than willing to help out as trusted legal professionals. We are attorneys with years of experience and a good understanding of what it takes to help our clients.
We are always hoping to set a high standard with our extensive legal experience and this includes managing all types of civil litigation cases. Get started by giving the team at FBD Law a quick call at (505) 842-9960 to set up a free consultation with one of our trusted legal professionals.