What distinguishes successful from unsuccessful attorneys and cases is the attorney’s ability to communicate to the decision maker, be it the judge or the jury, the premise of the theory and the reason for selecting your proposed outcome. The reason being is that communication underlies every important attribute that a successful civil litigation attorney must obtain. Accidents happen to everyone, so be prepared. If someone is hurt in your home or vehicles, on your property or another situation where you have ownership or authority, it is important to document everything that happened from the very beginning. For someone to bring a personal injury suit against you in South Carolina, they must prove you had a duty to them, which you failed to carry out that mission, resulting in damages and that your failure caused those injuries. Hiring a litigation attorney can help you avoid civil litigation. The first thing an attorney will do is conduct a thorough investigation to see what evidence exists to support you defend or avoid prosecution altogether.
If the settlement talks fail to bring resolution to the matter, a variety of pleadings and motions will be made before the court in an attempt to dismiss, change or amend actions brought by the plaintiff. The pleadings are then followed by the discovery process, where both parties exchange relevant information and argue further motions before the pre-trial phase begins. Pre-trial is a time of preparation for trial, including retaining expert witnesses and developing a trial strategy. In most civil cases, a settlement is reached, and a trial is avoided. A settlement can be reached at any point during a civil litigation. If a settlement is not reached and your attorney does not win your case, you can still apply for an appeal to your injury case. During the appeal process, your attorney will draft post-trial motions and work to identify and document issues that provide grounds for appeal. An appealing strategy will be developed as ongoing investigations, and evidence gathering continues.
Your best chances to avoid civil litigation are by working closely with a skilled and experienced attorney who understands the rules and procedures of the court process. The good news is a qualified attorney will very often be able to help you reach a settlement or perhaps find reasons to dismiss the suit and help you avoid civil litigation in the first place. Civil litigation is a huge part of our social system and encompasses all of the non-criminal aspects of life that can cause conflict and need resolutions. The most common areas that this type of litigation is used in include tenant-landlord disputes, neighbor disputes, employment disputes such as worker compensation claims, and other areas such as malpractice suits or suing a school district.
And unlike small claims court where neither party can use an attorney in court, civil litigation often requires an attorney to help the parties work through the issue to a successful resolution. Civil litigation usually starts with a conflict that is unresolved between two parties. The next stage begins when one or both parties seek legal counsel. Once it reaches this stage, the attorney will investigate the claim for merits, and if there is cause for a case, it moves to the next stage, which is putting the complaint in writing and notifying the other party.