The United States Courts reports that there has been an increase of civil case filings by 22 percent in 2024. Meanwhile, filings for criminal defendants, including transfers, fell by 4 percent.
You need to be knowledgeable about civil cases to be able to select the best civil litigation lawyer for your case.
Civil litigation lawyer Geoffrey D. Kearney says that civil cases can happen for many reasons, such as disagreements with your insurance company about claims, wrongful termination from your job, mistreatment by the police, or a customer failing to pay a large bill.
You could feel overwhelmed upon facing complicated issues or unsure of how much you need to shell out in a legal dispute. These uncertainties necessitate that you conduct due diligence first before hiring a lawyer.
This article will look at a few major considerations that can influence your decision to seek legal assistance.
Recognizing the Complication of Your Case
Understand the nature of your case and how complicated it is.
Each case has different circumstances, from the number of parties involved to the legal issues at stake. The evidence that needs to be collected also differs.
Evaluate whether your case has complicated legal issues or if it’s straightforward. For example, having multiple claims or jurisdictions can be more complicated than simpler matters.
Consider how the chances of appeals and counterclaims might impact your decisions or your outcomes.
Assessing the Potential Financial Impact
One of the issues to think about when exploring your options in a legal dispute is the financial impact of filing a case.
Assess the cost of hiring a civil litigation lawyer and the damages you can recover. Make a list of the legal expenses, court fees, and any other expenses that may arise. Keep a close eye on these expenses since they can easily pile up as the case goes along.
Determine what financial stakes are involved. What do you hope to gain, and how sure are you that you can achieve it?
Identify your case goals to help you decide whether pursuing the case is worth it or if you should accept a settlement offer.
Think about the time needed for you to put into the lawsuit. If it will take up most of your time, decide if it is worthy of pursuing or start exploring alternative options. Evaluate all these factors to come up with a well-informed decision.
Understanding the Legal Process and Procedures
In the process of a lawsuit, an understanding of the detailed procedure is necessary to manage the case. Know the different procedures involved in litigation. These procedures start with a complaint and are followed by the discovery phase. The case may further escalate into a trial, and it could either conclude with a verdict or proceed to an appeal.
Each stage has deadlines and requirements that can harm your case if ignored. Check which rules govern your jurisdiction, as some may be different depending on the state you are in.
Having some prediction as to what occurs in each stage will allow you to make your decision.
Procedural documents like motions and briefs are important since their usage can affect the result. Understanding these will encourage you to feel confident throughout the dispute process.
Evaluating the Strength of Your Evidence
Evaluate how strong your evidence is by looking at its relevance and reliability. Ask yourself if this evidence backs up your claims. If not, perhaps it’s better to leave it alone.
Check where the evidence comes from. Can its validity be challenged? Documents, eyewitness testimonies, and expert testimonies are of greater worth as evidence than hearsay evidence.
Review the amount of evidence you have. One might not be enough, but several can definitely make a difference in your case.
Draft counterarguments for potential questions and legal challenges. You should address any weaknesses in your evidence before proceeding. Assessment of these factors will help you decide if you need a civil litigation lawyer.
Handling Settlement Negotiations and Trials
Once you have assessed the weight of your evidence, the next step is to proceed with settlement negotiations and trials. Assert your position clearly but you must still be willing to compromise.
Civil litigation lawyers are trained to handle negotiations and trials effectively. Listen to the lawyer’s advice, especially when it is about holding your ground or bargaining for a compromise. Prepare for trial if negotiations fail. Gathering additional evidence and refining your arguments can increase the likelihood of success during your case’s trial.
Your lawyer will help you in strategizing your legal approach by presenting your case and responding to the opposing side. Be open to feedback and ready to adjust your strategy.