Litigation Law FAQ

1. Q. What exactly is litigation law?

A. Litigation law governs topics regarding filing a lawsuit, seeking damages and compensation, trials and other litigation related topics.  It also covers the individuals who take part in a lawsuit – both the defendant and the plaintiff.

 

2. Q. What is the difference between a criminal and civil trial?

A. In a criminal trial, typically the state or government is representing the people in order to seek punishment or consequences for someone who has committed a crim.  Civil suits typically take place when two individuals or parties cannot come to an agreement in a dispute by themselves.

 

3. Q. If I take someone to court for monetary compensation and win, how can I ensure that I will receive my money?

A. The court clerk will typically file a judgment against the other party – stating that they owe you money and what amount.  This can be used by you to obtain the monies owed or take property of the other party in an equal amount.

 

4. Q. Is mediation covered under litigation law?

A. In some cases, yes.  Mediation is when two parties decide to try and settle things outside of the court room, even though the court will have to approve the decisions and legally record those decisions.  Typically, a third party acts and mediator – such as an attorney or certified mediator.

 

5. Q. What is a statute of limitations?

A. A statute of limitation is a law regarding the amount of time you have to file a lawsuit against someone for a particular thing. There are different statutes of limitations for different offenses – this should be something you check into immediately if you feel you have a valid case against someone.

 

6. Q. What can I do if I have been taken to court and I lost the case?

A. If the findings or decisions are not in favor of you, you do have the right to appeal the decision.  In most cases, there is a certain period of time in which you can appeal, so you should speak to your attorney as soon as the decision has been made.

 

7. Q. How long does it usually take for a case to go to trial?

A. Every case is different and it depends upon the type of case you have and what other cases are pending.  Some cases can go to court within a few months while others may take years.

 

8. Q. Should I hire an attorney for my case?

A. There is an old saying that the man who represents himself has a fool for an attorney.  The truth is that attorneys are versed in particular areas of law and because it is their day to day job, they know the intricacies of these laws which normal people usually don’t. It is always a good idea to at least speak with a lawyer about your case.

 

9. Q. How do I know when to hire an attorney?

A. The best time to speak with an attorney is as soon as you feel that you may have a case against someone.  Your attorney should be hired in plenty of time to understand the details of the case before court so that he or she can research and plan a defense or winning strategy.

 

10. Q. What happens if we decide to settle the dispute amongst ourselves?
A. Depending upon how you decide to settle the dispute, you should probably have an attorney oversee the event.  However, if you do decide to settle out of court, you will typically save a lot of money at time.

 

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