Civil litigation is a legal process through which an individual who has suffered some sort of loss can seek compensation. It is distinct from criminal law by the fact that the defendant is not accused of a violation of the law, and therefore is not subject to penalties such as fines or incarceration. Because of the plethora of state and federal laws related to civil law, anyone who wishes to bring an action should seek the representation of an experienced and knowledgeable Rochester civil litigation lawyer.
Civil Litigation Specifics
The person who brings an action against another in a civil proceeding is referred to as the plaintiff, and the person upon whom the action is brought is the defendant. Civil law covers such a wide range of matters that some attorneys specialize in one aspect, such as business law. Among the many areas which fall under the umbrella of civil litigation are:
• Personal Injury
• Injury on the Job
• Business Disputes
• Breach of Contract
• Defective Products
• Medical Malpractice
• Property Rights Disputes
• Oil and Gas Lease Issues
• Condemning of Property
• Intellectual Property Disputes
How Your Case Will Be Handled
When you first meet with your Rochester civil litigation attorney, he will ask you many questions pertaining to your complaint. It is important to keep in mind that any insurance company representing the defendant is not going to have your best interests at heart. Therefore, you should restrict all discussion of your case to conferences with your lawyer.
Once your lawyer agrees to handle your case attorney/client privilege is established. This means that anything you discuss with your attorney is confidential. You will likely be asked to assist in gathering certain documents. If your case involves a personal injury complaint, you have the responsibility of continuing to seek medical care that is prescribed. Your attorney will then get to work on your case and do the following:
• Gather all relevant documents and other evidence pertinent to your case
• Conduct a thorough investigation
• Interview witnesses and take statements
• Develop your case
• Negotiate with the other party with the hope of achieving a fair settlement
If a settlement cannot be reached, you and your attorney will need to discuss whether or not it is worth taking your case to trial. Some civil litigation matters that will likely bring only a small settlement, or which are too difficult to prove, may not be appropriate for litigation.
If You Have a Case
If you have suffered some loss due to the negligence or wrongdoing of another, it is important that you work with an attorney who will fight for your rights. Call our Rochester civil litigation lawyer at Weinrich Law Office to arrange a free initial meeting at (507) 288-5982 or send us an email.