There is a multitude of reasons people want to sue others, such as money owed, damage to your property or your business reputation, or because of some sort of accident, among others. Before you decide to take someone to court, there are some basic facts about civil litigation you should know.
This Isn’t “Law & Order”.
Civil litigation is between two parties in which one party is claiming to have been injured by another, and it’s the kind of litigation most businesses will be involved in. Criminal law is the government prosecuting a crime against society.
In civil law, the burden of proof changes from “reasonable doubt” to “balance of probability,” which is less onerous on the plaintiff. In civil lawsuits, the balance of probability means that evidence is not weighed on the amount of evidence, but on how accurate and convincing the evidence presented by each party is.
The Types of Civil Lawsuits Businesses May be Involved in can be;
- Employment lawsuits, in which an employee is suing a business,
- Insurance lawsuits, in which cases may be (and are) settled out of court,
- Small claims cases or other cases where one party owes money to the other,
- Breach of contract cases, in which two parties had an agreement that one party doesn’t abide by.
You Never Know How a Case Will Turn Out.
You may think you have a slam dunk case, only to find that you get a judge who disagrees. A good litigation Lawyer can make or break a case. Every case is different, even if it’s the same type of case.
You Can’t Force Someone to Pay.
In civil lawsuits, particularly in Small Claims Court, you can get a judgment by the Court for money owed you, but you may have great difficulty collecting the money. There are ways the Court can put pressure on the payee, with garnishment or a lien against the property. In these cases, you must be proactive in getting the court to use its power in any legal means necessary to get someone to pay, But, as they say, “you can’t get blood from a turnip.”
What You Think Is Important Might Not Be.
Don’t get hung up on the small stuff; it’s not a “matter of principle,” it’s a matter of the facts of the case. Listen to your Lawyer and follow their advice. Do you want to win the case or make your point? You usually don’t get to do both.
You Will Most Likely Be Paying Your Lawyer’s Bills.
Unless you are going to Small Claims Court without a Lawyer, if you are taking this case to court to save money or get a big payoff, it won’t happen.
There are several ways of paying a Lawyer, You may have a lawyer or law firm on retainer, so you can call them for different kinds of questions. But if there’s a lawsuit, the Lawyer may want additional money to represent you.
Fraud Cases Are Difficult to Prove.
Many business cases involve fraud, but the list of steps to proving fraud is lengthy, and each one must be proved. Reasonable doubt doesn’t apply here but imagine trying to prove that someone knew that their statements were false. How do you prove that?
Most Cases Are Settled out of Court.
In many cases parties don’t want to go to court—too expensive and too risky. In insurance-related cases, in particular, the Lawyers(one of whom probably works for an insurance company) often reach an agreement just before trial, when they have the most leverage. If the case relates to insurance, the insurance company will do everything it can to keep the case out of court.
If you want to go to court to make your case heard, don’t count on it happening.
The Bottom Line—Before You Go to Court. It’s all about expectations. Understanding what really happens in Civil law cases can save you a lot of money and frustration, help you select a Lawyer or consider whether to take a case to court.