what attorney to use for civil lawsuit

What type of lawyer handles civil suits?

A civil attorney, commonly known as a litigator, is a lawyer hired by a client to pursue or defend a civil lawsuit in a court of law. A civil lawsuit can arise in many different areas of law and often concerns the recovery of money or property. Civil attorneys specialize in a wide range of areas, including: personal injury law, employment law, family law, business and finance law, …

What kind of cases do civil lawyers handle?

Personal injury lawyers specialize in tort law, which is the law of civil wrongs like car accidents, company wrongdoing, unlawful imprisonment and more. To become qualified to be a personal injury lawyer in the United States, a person must earn a bachelor’s degree, followed by a Doctor of Jurisprudence degree from a law school.

Why would I need a civil litigation attorney?

Use Super Lawyers to hire a local civil litigation lawyer with expertise in the litigious aspects of a court claim. About Super Lawyers Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of …

How do you respond to a civil lawsuit?

Find a local Civil Litigation attorney in your state. Our client reviews, law firm profiles, and live chat make it easy to find the best Civil Litigation lawyer for you. ... These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice.

What does an immigration attorney do?

Immigration lawyers help their clients through all phases of the immigration process. Experts on immigration law, they are legally qualified to rep...

What is a personal injury lawyer?

A personal injury lawyer fights on your behalf if you’ve been injured physically, psychologically, economically or in reputation. This injury may b...

How much does a bankruptcy attorney cost?

Hourly rates for bankruptcy attorneys range from $200-$300 . In total, customers spend an average of $999-$1,183 for their services. But because l...

How do you find a good real estate lawyer?

If buying or selling property feels overwhelming and the thought of finding a good real estate lawyer seems daunting, you’re in luck. There are som...

What does a real estate lawyer do?

A real estate lawyer represents their client’s best interest in all matters related to the sale, purchase and ownership of real estate. They are ex...

What should you look for in a personal injury lawyer?

A personal injury lawyer will advocate for your legal rights if you’ve been hurt in an accident at work or in daily life, have suffered from medica...

What kind of lawyer does wills?

No one likes talking about death, but it’s better than leaving your children or siblings to sort out your estate. A clearly planned will can make t...

How do you find a good immigration lawyer?

Research is key to finding a good immigration lawyer. The immigration process can be overwhelming and complex, so a trustworthy advocate is critica...

How do you find a good lawyer for wills?

Estate planning is an important part of financial planning, so it’s important to find the right attorney to prepare your will. Although most family...

What is immigration lawyer?

Immigration lawyers help their clients through all phases of the immigration process. Experts on immigration law, they are legally qualified to represent U.S. citizens, permanent residents or undocumented immigrants. Immigration lawyers also provide assistance to visitors here on student, work or travel visas, and can represent clients who may have ...

Who can put together a will?

Although most family attorneys can put together a basic will, you may want one who specializes in wills and estate planning, especially if you have a lot of assets or a dependent to take care of. You may need an attorney who has expertise in planning and executing trusts and a background in taxes.

Do personal injury lawyers have to pass the bar exam?

Most states then require the person to pass the bar exam to become licensed to practice law. Unlike many attorneys who require a retainer, personal injury lawyers often work on contingency fees. This means that in lieu of payment upfront, they receive an agreed-upon percentage of the settlement in case of a win.

Do you need a real estate attorney for closing?

Many states require a real estate attorney to handle sale closing documents. For more complex matters such as a real estate deal gone awry or foreclosure, you’ll want to find an attorney who has successfully handled cases like yours. Look for online reviews of real estate lawyers in your area.

Do personal injury attorneys get paid?

Personal injury attorneys typically receive a percentage of your settlement (called a contingency fee), so they are paid after the trial or case is complete.

What is civil litigation lawyer?

The kinds of cases they handle covers a wide range of possibilities. A civil litigation lawyer is one who deals with disputes between two parties.

What are the issues that require a civil litigation lawyer?

Real estate matters that might require a civil litigation lawyer include commercial developers, injuries, and condominium laws, to name a few. You may need to reach out and contact an experienced civil litigation lawyer who is familiar with real estate disputes and find out their success rate.

What is an employment dispute?

When one has been let go from a position, it is the livelihood of an individual, and possibly an entire family. A civil litigation attorney wants to know both sides of the story and find a fair, just resolution.

What is the first step in a civil lawsuit?

The plaintiff, or injured party, typically with the help of an attorney, files an initial document called a complaint, the first pleading in a civil action, stating the cause of action.

Why is the process of a lawsuit important?

The process is extremely important. A plaintiff or defendant can be completely right on the facts but fail to follow the process and lose the case. While a party to a lawsuit should have an understanding of the basic process, each area of law has its own quirks.

What happens if a court grants a motion to dismiss?

If a court grants either of these early motions, the lawsuit may end. This is why motions to dismiss or for summary judgment are usually the first parts of a lawsuit. If these motions are denied (or not filed as inappropriate), then the lawsuit proceeds.

What is a plaintiff's complaint?

The plaintiff’s complaint asks for damages or relief from a defendant, who is alleged to have caused the injury. The complaint outlines the legal and factual reasons why the plaintiff believes the defendant is responsible for his injury. The clerk of the court then issues a summons to the defendant.

What is the name of the person who brings another person to court?

One person believes another has harmed him, and the courts are available to resolve the problem. In a civil lawsuit, an individual or corporation called the plaintiff brings another party, referred to as the defendant, to court. The plaintiff asks a judge to order the defendant either to pay money or perform a specific action.

What are some examples of negligent torts?

Auto accidents, medical malpractice or product liability are examples of negligent torts. An attorney well versed in a particular legal area is important as each has rules unique to it, though the basic principles that follow apply in most instances.

What is the answer in a complaint?

The defendant is required to file a document referred to as an “answer”. The answer addresses the facts and the legal claims in the complaint. The answer tells the court which facts in the complaint the defendant agrees with , and those with which he disagrees .

How can a good litigator derail a case?

A good litigator can easily derail a case even before a trial starts by using some procedural checks. Here are some of the most common tricks lawyers play in civil litigation and how you can fight back.

Can a lawyer help you avoid a case?

As the plaintiff, a lawyer can help advise you on how to avoid this particular trick. In some cases, it may be preferable to plead less so that you clearly state a cause of action but avoid ambush by defense counsel. This usually requires pleading the case law, rules of procedure and some facts regarding the case.

Is litigation stressful?

Even for the most experienced of litigators, litigation can be stressful. This is even more true when there is an imbalance in experience due to an experienced trial lawyer facing off against a young or new lawyer or a pro se litigant. A good litigator can easily derail a case even before a trial starts by using some procedural checks.

What do attorneys do before trial?

Prior to trial, attorneys identify and make notes about the page and line numbers of testimony that they intend to elicit from witnesses, so that if there is an inconsistency, the witness can be quickly reminded of the inconsistency in front of the jury. His credibility is being questioned.

How are federal and state courts similar?

The state and federal systems are very similar in structure and procedure. In fact, most state rules of procedure closely follow the federal rules in many respects, with local rules of court varying from state to state. Once involved in a civil lawsuit, the parties are entitled to engage in “discovery,” to gather information ...

What amendment protects against self incrimination?

In that case, it is advisable to either postpone the civil case deposition until the criminal charges are resolved, or instruct the witness to exercise his or her right against self-incrimination by “pleading the 5th.” (5th Amendment of the U.S. Constitution protection against self incrimination).

Can a corporation be a fact witness?

Even if the corporation is not a party, but a corporate representative is a fact witness in a corporate capacity, an attorney can send a subpoena and Notice of Deposition for the corporation to produce a witness to testify.

Can a deposition be taken for trial?

However, the rules allow for a party to specify that a deposition is being taken for the purpose of trial testimony, in lieu of the witness appearing at trial. For example, it is very expensive for an expert witness physician to shut his or her practice down for at least a half a day, sometimes a full day, to drive to the courthouse ...

Can a videographer videotape a doctor's testimony?

Therefore, the South Carolina Rules of Procedure allow for a party to go to the doctor’s office with a videographer to videotape (actually digitally record) a doctor’s testimony. That video is then played for the jury at trial, as if the doctor were testifying in the courtroom.

Can a witness testify at trial?

A witness can always go back and refresh his or her recollection following the deposition, then testify accurately at trial with more specific information. Not telling the truth is called perjury, subject to criminal penalties. No attorney can knowingly allow his or her client or witness to not tell the truth.

Where do you file a lawsuit?

Decide whether you should file your case in state or federal court. The law establishes limits on which courts have “jurisdiction” (power) to hear and decide a case. You must file your lawsuit in a court that has jurisdiction over your case. Generally, you should file a case that deals with a state law in state court.

How to sue someone for a wrongdoing?

1. Prepare your complaint. To sue someone, you must prepare a document called a complaint that you will file with the court. The complaint includes the grounds or cause of action for your lawsuit. If you have a lawyer, she will draft and file your complaint.

What to do if you don't have a valid legal claim?

Before you file a lawsuit, you need to do some preliminary investigation to make sure that the law is on your side. If you do not have a valid legal claim, any lawsuit you bring will be dismissed by the court, and you will have wasted time and money.

What do you do if your opponent breaks a law?

Most of the time, you will need to file in a state court if your opponent broke a state law, and in a federal court if your opponent broke a federal law. Then, prepare a complaint for the appropriate court that shows the grounds for your lawsuit.

How long can you file a personal injury lawsuit?

For example, one state may allow a plaintiff who wants to file a personal injury suit 1 year from the date of the injury, while another state may allow 4 years from the date of the injury.

Why is it not worth it to sue someone who doesn't have money?

It will not be worth the money and time it takes to bring a lawsuit if your opponent doesn’t have any money or assets, because you will not be able to collect anything, even if you win. However, if money is no object, you may want to consider a lawsuit anyway in order to get validation that your opponent was wrong.

How to determine if you have a strong case?

To determine whether you have a strong case, consider the following: Whether you have evidence: you should consider whether you can prove what happened in a court of law.