How does civil litigation work?
When two (or more) parties have an unresolved dispute in which one side requires monetary compensation or another action from the other, yet there is no criminal accusation, there is often a need for civil litigation.
Some civil litigation claims will be handled by insurance companies and others can be solved privately, but in complex or deadlocked situations they may need to go to court.
During a civil trial, there is no criminal charge at stake, but that does not mean the case is less important. A person’s business or life savings could be at risk. Once in trial, the procedure is very much like a criminal case and may also be tried to a jury, but there is a big difference between lawyers with significant criminal trial experience and those without.
What is the difference between a litigator and an attorney?
A litigator is a name that is sometimes used for an attorney whose focus is civil cases. Trial lawyers don’t refer to themselves as litigators. The distinction between the two words might seem unimportant, but let us assure you, it is not.
You need someone who will take your case to court and fight for what you deserve. Big firm litigators have a tendency to be good at the office work of a lawsuit — which takes place mainly during the discovery phase — but sorely lack the experience necessary to be effective in front of a jury. This limitation is common with litigators for the simple reason that they do not get the opportunity to actually go to trial.
The best civil attorneys in Texas will undoubtedly be lawyers with a lot of experience in front of juries, and the only way to get that experience is to practice criminal law. We have spent decades fighting in front of juries for clients accused of many complex types of white-collar crimes. That experience directly translates into civil litigation, making us more effective and allowing us to be more aggressive.
What are the three basic stages to civil litigation?
A civil lawsuit takes place in essentially three phases: pre-trial, trial, and post-trial.
All of the work that must be done before a case can go to trial is done during the pretrial phase. During this phase your attorney must:
- Research your claim to ensure that going to trial is the right decision. You only want to go to trial with a case that you can win.
- File the lawsuit using evidence found during the research stage. Your petition will be the first document that the court sees, stating the facts of your claim and making a formal request for what you are seeking.
- Notify the opposing party that the petition is being filed. Your attorney will arrange for a citation to be given to whoever you are suing to let them know that they are being sued.
Often the formal citation will convince parties that were previously not willing to pay up or negotiate that they should, and many cases will not go to trial. This is not always what you want to happen. Make sure to hire an attorney that you can trust, who can advise you on whether or not you should settle before trial so that you can be sure that you’re getting exactly what you deserve.
The trial stage is very often where the outcome of your case is decided, which is why it is doubly important to hire a civil litigation attorney with significant trial experience in a variety of areas of the law. Your attorney will use everything that they worked hard to uncover during the discovery process to argue to the court that you are owed beyond a shadow of a doubt by the party you are suing.
Civil lawsuits are not always over after rulings have been determined. There’s still setting aside a default judgment, modifying an order, enforcing an order, and appealing an order. After a resolution has been decided on there are still the logistics of making sure it happens. Your attorney will be involved until the very end, keeping track of deadlines and ensuring that your best interests are being served.
Please note: Sellers Law Firm does not handle post trial matters for already concluded cases. Please refrain from contacting the office for any case that has already been resolved. If you have additional questions or would like a referral, we are happy to help.
Types of civil litigation cases we handle at Sellers Law Firm
Because the multidisciplinary attorneys at Sellers Law Firm have such a vast amount of broad expertise, from bank fraud attorneys to federal defense lawyers, we are able to take on a number of civil litigation cases in a wide array of areas, including:
- Personal Injury
- Oilfield accidents
- Wrongful death
- Truck wrecks
- Fraud litigation
- Contract disputes
- Consumer disputes
- Intellectual property disputes
- Commercial contracts
- Defamation and libel
Whatever the circumstances, if you’ve been left out in the cold or harmed by a transaction with an individual or business, the attorneys at Sellers Law Firm are prepared to represent you in trial. We are fierce litigators with an eye for detail and a knack for sorting out complexity.
Looking for a civil litigation attorney in Dallas Fort Worth? Look no further than Sellers Law Firm.
If you or a loved one needs representation in a high-stakes civil lawsuit look no further than the civil litigation attorneys at Sellers Law Firm. We prepare meticulously and argue passionately for our clients, building strong cases and forging strong, trusting relationships to effectively resolve disputes.
Our background as Fort Worth criminal lawyers for white-collar and federal crime has prepared us for high-stakes, sensitive litigation in a court of law. We fight against all odds, under all circumstances to achieve justice for our clients. Call Sellers Law Firm at (817) 928-4222 or schedule a consultation online for top representation today.