September 24, 2013

Civil Rights Attorneys: Is Settling a Law Suit Better Than Going to Trial in Court?

By Linda E. Garcia

There are three primary reasons why a civil rights attorney would rather settle a lawsuit rather than leaving it up to a judge or jury to reach a verdict. The first reason is that litigation in a court room trial can be much costlier, in regards to court and attorney fees. The second reason is litigation can be very slow as it can take years before a verdict is reached, and thirdly, litigation is public. Every document filed in court and every court hearing is publicly available. However, it’s not all cut and dry and a civil rights attorney has the responsibility of developing your case or civil matter to receive the best settlement offer or dispute resolution while also enabling you to receive the maximum value.

. When settling out of court is impossible then you’re only option is to go to file a lawsuit and go to trial. After the lawsuit has been filed with the court, the discovery phase begins. The discovery phase can last for months and is basically the gathering of information by parties, the defendant and the plaintiff, which is used to build their case when it proceeds to trial. During the discovery phase, most civil attorneys will continue to attempt to settle out of court by attesting that they have a stronger case. Settling out of court is far less expensive than a trial and the negative publicity that can result from a civil trial provides motivation for big businesses to settle out of court unless they have an iron clad defense.

The Bureau of Justice Statistics stated, in 1995, that civil juries award punitive damages in only 6 percent of successful lawsuits. If you have a substantial amount of evidence the risk of going to court may be worth it as it may be more beneficial. Sometimes a settlement offer is a lowball offer intended to avoid much higher damages resulting from the defendant losing in court. The best civil law attorneys know whether or not to advise their client to decline an initial settlement offer and go to court. However, when a settlement is placed on the table, the choice of whether or not to accept the offer is ultimately not a decision that a civil attorney makes, it is the client’s. Sometimes a plaintiff will choose to settle out of court just to get on with his life, avoid unfavorable publicity, or because they are out of work as a result of the injury and need a source of income. There can be many issues encompassing a civil case and the best civil attorneys know how to work in the best interest of their clients and bring these issues to light as well as having the resources to properly mount a strong civil case.

The best civil attorneys have investigators, experts and a wealth of resources on hand to find and highlight the strengths of the case. They will also know to find the weaknesses of the other side’s evidence and your evidence and present it in a way that is beneficial to their client. The best civil attorneys won’t gamble your case, but rather make a clear and complete assessment of the risks and have 20/20 foresight on litigation. They will advise their clients accordingly and weigh a complex mix of factors including:

  • The strength of the case, which may contain both factual and subjective evidence.
  • History of previous awards and court decisions.
  • The character of the jurors or judges and the likability of the plaintiff and defendant.
  • Amount the lawsuit is worth and whether it’s worth going to trial for in terms of time, costs and emotional stress.
  • The ability to obtain judgment and enforce it.

Every case must be analyzed on an individual basis and the best civil attorneys know you have to know everything about a case before making a decision to settle or go to trial.

Learn more about LibertyBell Law Group’s best civil attorneys and how they succeed in resolving disputes, finding creative solutions and winning settlements. A civil law expert from LibertyBell Law Group wrote this article.

Article Source: http://EzineArticles.com/?expert=Linda_E._Garcia
http://EzineArticles.com/?Civil-Rights-Attorneys:-Is-Settling-a-Law-Suit-Better-Than-Going-to-Trial-in-Court?&id=6806077

 

 

What Are The Differences Between Criminal And Civil Law?

By Corey Joe -

Criminal law is a set of rules that defines conduct of people that is not within the norms of a state as it is made to or can endanger the safety and welfare of the public either with a threat or cause harm. It sets out the punishment to be imposed on those who violate laws or fail to abide by these laws. It is distinctive for the unique and serious potential consequences, penalties or sanctions it brings about for breaching the law. Criminal law is enforced by the state while civil law which may be enforced by private parties.

Criminal law has five objectives accepted for enforcement by punishment and these would be retribution, deterrence, incapacitation, rehabilitation and restitution. Retribution will in some way for the criminal to suffer as a consequence to the crime committed. Deterrence can be for individuals or in general to discourage them from acts of criminal behavior. Incapacitation is sort of keeping criminals away from the public to protect them from any misconduct. Rehabilitation, sometimes also termed as correctional, has the intention and aim of transforming an offender to a decent and valuable member of the society. Lastly, restitution is more on leaning towards compensation for loss or damages suffered by a victim. Different jurisdictions can have different values placed on each.

Civil law is a system of law that was codified under Emperor Justinian in his desire to make the Roman law a simple and clear system of laws and now the basis for many modern systems of civil law. In general, based on the Wikipedia definition, civil law is the body of law dealing with the individual relations or among members within a community. It is based on the principle that all citizens must have access to it and a publication of the laws which apply to them and which judges must follow.

Compared to criminal law, civil law encompasses the likes of civil code, family code, and child and welfare code. It deals with private disputes between private people or organizations. Most number of civil cases involves the “tort law” that protects a person from bodily harm and injury, loss or damage personal and infringement of intellectual property or rights, and reputation of an individual. Tort is referred to as legal wrongdoings that may compromise or damage those. Often punishment is in the form of compensation of loss or monetary damages caused the wrongdoing.

In some cases, civil courts also may issue an injunction which would prevent or forbid someone from change of name or legal status in terms of divorce. Restraining order of a court is similar to this that prevents someone to do some acts.

Civil liability can also flow from a defendant found not guilty in a criminal case. The statute of limitations is also an alternative for criminal cases where prescription period has expired to sue for a civil case.

Some overlap might be seen with tort law and criminal law. The main difference is, in tort law, it allows a victim to demand a suitable remedy to his or her satisfaction, while in criminal law the objective is to punish the offender for his or her action. A criminal court though can seek for or help the victim sue for damages for remedies as compared to a civil court that is limited to the satisfaction of offended parties’ demands.

It will be worthwhile to note that some civil offenses can turn to criminal offense like when a traffic violation ticket requires the offender to appear before a court to clear the offense. Failure to appear in court will constitute a criminal offense that can result to an arrest. That is the thin dividing line between civil offense and criminal offense in cases like this.

Criminal law involves clients who are being prosecuted by the state or federal government after being arrested and charged with either a misdemeanor or felony offense. If you’re facing a criminal or civil offense, contact a Maryland criminal defense attorney at http://www.shapiroandmack.com today.

Article Source: http://EzineArticles.com/?expert=Corey_Joe
http://EzineArticles.com/?What-Are-The-Differences-Between-Criminal-And-Civil-Law?&id=6073617

 

 

Going to Court For a Speeding Ticket – What Actions Should You Take?

By John Oleander -

Maybe it’s your first time, maybe it’s your nth time – but just the same, a speeding ticket is a bitter pill to swallow. If you’re a few notches over the legal speed limit and you feel like you were not the only one at it but you have a ticket – that would be bitterer. Your first impulse is to sign a check to pay the fine, but don’t do that yet. Ask for a trial so you can defend yourself. This will give you a better part of the deal since you have a chance to have that ticket dismissed. If you are going to court for a speeding ticket, here are things you should keep in mind.

What to plead if keen in going to court for a speeding ticket

There are four pleas you can use in a trial court when you have a road traffic-related citation: guilty, guilty with explanation, nolo contendere, and not guilty.

Guilty is as good as paying the fine, letting the Department of Motor Vehicles (DMV) put negative points on your license, and paying at least 50% more on your insurance premiums for the next three years. That is just like committing suicide.

Guilty with Explanation is if you have one really, really valid reason to be speeding. Nolo Contendere is Latin term for “no contest”. It’s simply being guilty but not saying it and just willing to pay the fine and suffer the financial consequences.

Not Guilty is the one to aim for here. This is the plea of the 2.5% who saw time in court and got dismissed. Another 2.5% got really unlucky but they got lower sanctions. The 95% majority are the lazy ones who would just issue the check and wait for the consequences.

Do you need a lawyer for this?

In the traffic court, you can defend yourself so you really have no need for a traffic lawyer unless your violations involve any of the following:

- Driving while Intoxicated (DWI)

- Driving under the Influence (DUI)

- Hit & run accident

- Grave felonies like drug or weapons possession, manslaughter, robbery, etc.)

If you do not fall under any of the mentioned violations or crimes, you don’t have to spend $50 to $100 for legal services. Although there are real advantages to hiring one since most of the time they can have the tickets dismissed easily. You don’t even have to be present during hearing.

Now that you’re going to court for a speeding ticket, you should know how to follow the rules. Depending on which state, many trial courts will weird you out with some of their senseless rules and regulations. Just be nice to the clerks all the time because they can assist you with the process. They can also help you reschedule the schedule if needed.

Dress nicely as if you’re going to a job interview. Create a very good first impression with the way you look. This will have a bearing on the judge since you disay respect for the court.

Be extra prepared with your defense strategies. Bring all the necessary information that can strengthen your case of not guilty. You should have made a thorough research before you appeared in court and you should really be armed with all the necessary rebuttals.

If you are going to court for a speeding ticket, remember all these but you should also know that if the police officer who wrote the ticket is absent – your case totally gets dismissed instantly. Now, that would really be awesome!

Are you Going to Court For a Speeding Ticket? Learn how to get out of it with NO FINE and NO POINTS on your record. Go to www.TrafficTicketSaver.com now!

Article Source: http://EzineArticles.com/?expert=John_Oleander
http://EzineArticles.com/?Going-to-Court-For-a-Speeding-Ticket—What-Actions-Should-You-Take?&id=1538789

 

 

Civil Rights Attorneys: Is Settling a Law Suit Better Than Going to Trial in Court?

By Linda E. Garcia -

There are three primary reasons why a civil rights attorney would rather settle a lawsuit rather than leaving it up to a judge or jury to reach a verdict. The first reason is that litigation in a court room trial can be much costlier, in regards to court and attorney fees. The second reason is litigation can be very slow as it can take years before a verdict is reached, and thirdly, litigation is public. Every document filed in court and every court hearing is publicly available. However, it’s not all cut and dry and a civil rights attorney has the responsibility of developing your case or civil matter to receive the best settlement offer or dispute resolution while also enabling you to receive the maximum value.

The best civil attorneys win the most settlements outside of court and thus avoid costly, exhausting and lengthy trials. When settling out of court is impossible then you’re only option is to go to file a lawsuit and go to trial. After the lawsuit has been filed with the court, the discovery phase begins. The discovery phase can last for months and is basically the gathering of information by parties, the defendant and the plaintiff, which is used to build their case when it proceeds to trial. During the discovery phase, most civil attorneys will continue to attempt to settle out of court by attesting that they have a stronger case. Settling out of court is far less expensive than a trial and the negative publicity that can result from a civil trial provides motivation for big businesses to settle out of court unless they have an iron clad defense.

The Bureau of Justice Statistics stated, in 1995, that civil juries award punitive damages in only 6 percent of successful lawsuits. If you have a substantial amount of evidence the risk of going to court may be worth it as it may be more beneficial. Sometimes a settlement offer is a lowball offer intended to avoid much higher damages resulting from the defendant losing in court. The best civil law attorneys know whether or not to advise their client to decline an initial settlement offer and go to court. However, when a settlement is placed on the table, the choice of whether or not to accept the offer is ultimately not a decision that a civil attorney makes, it is the client’s. Sometimes a plaintiff will choose to settle out of court just to get on with his life, avoid unfavorable publicity, or because they are out of work as a result of the injury and need a source of income. There can be many issues encompassing a civil case and the best civil attorneys know how to work in the best interest of their clients and bring these issues to light as well as having the resources to properly mount a strong civil case.

The best civil attorneys have investigators, experts and a wealth of resources on hand to find and highlight the strengths of the case. They will also know to find the weaknesses of the other side’s evidence and your evidence and present it in a way that is beneficial to their client. The best civil attorneys won’t gamble your case, but rather make a clear and complete assessment of the risks and have 20/20 foresight on litigation. They will advise their clients accordingly and weigh a complex mix of factors including:

  • The strength of the case, which may contain both factual and subjective evidence.
  • History of previous awards and court decisions.
  • The character of the jurors or judges and the likability of the plaintiff and defendant.
  • Amount the lawsuit is worth and whether it’s worth going to trial for in terms of time, costs and emotional stress.
  • The ability to obtain judgment and enforce it.

Every case must be analyzed on an individual basis and the best civil attorneys know you have to know everything about a case before making a decision to settle or go to trial.

Learn more about LibertyBell Law Group’s best civil attorneys and how they succeed in resolving disputes, finding creative solutions and winning settlements. A civil law expert from LibertyBell Law Group wrote this article.

Article Source: http://EzineArticles.com/?expert=Linda_E._Garcia
http://EzineArticles.com/?Civil-Rights-Attorneys:-Is-Settling-a-Law-Suit-Better-Than-Going-to-Trial-in-Court?&id=6806077

 

 

Understanding Class Action Lawsuits

By Matt Mendelsohn -

Class actions are also familiarly referred to as representative actions due to the very nature of these types of cases. In general, when an accident, defective product, or anything else has wide ranging consequences that affect a number of different people, the general consensus is to file a class action lawsuit. These are legal issues that involve multiple people, and it often takes form in a group that is bringing suit against an offending company, person, etc. However, the reverse can also be true, in which case an entire class of defendants is being sued. In general, the main determining factor in cases of this nature is the number of individuals involved. Because multiple persons are included in cases of this sort, the actions have been fittingly titled as “class actions.”

The Federal Rules of Civil Procedure (specifically, Rule 23 and 28 U.S.C.A. � 1332 (d)) is what is used to govern class action lawsuits. Under the conditions stipulated in these laws, entire groups of people can determine whether or not theirs is a case that could be eligible for class action. In general, the federal courts will become involved in matters that involve civil actions in which the amount in controversy is in excess of $5,000,000. The federal courts will also be utilized in any matter in which even one of an entire class of plaintiffs is a citizen of a state other than that of the defendant; any member of an entire class of plaintiffs is a citizen of a state and any defendant is the citizen of a foreign state; and any member of a class of plaintiffs is a foreign state or citizen or the subject of a foreign state when the defendant is a citizen of the state. Assuming that any of these conditions are at play when a class action suit is filed, the federal court system will undoubtedly be called upon to take action in the matter.

The nature of class action lawsuits sets up the potential for a number of plaintiffs or defendants, sometimes ranging in the hundreds. Therefore, it is not uncommon for cases such as this to span across state borders and affect residents of the country nationwide. These suits must show a commonality of issues in order to be considered in the process of a class action suit, a feat that can prove to be difficult considering the fact that many states have their own set of laws and governing expectations. However, the possibility for nationwide action lawsuits does exist, and when they are brought before the federal courts they are generally re-distributed to pre-trial multidistrict litigation cases. In this way, it is possible for the courts to look more closely at individual cases prior to attempting to handle the whole suit at once.

Depending on the circumstances of your case, you may or may not be better served in the federal court system vs. the state court system. In general, it has been determined that federal courts tend to produce more favorable results for defendants, while state courts are more apt to act in the favor of a group of plaintiffs. In many instances, the initial filing of a class action suit will be done in the state courts and then moved up to the federal level if circumstances call for it. Also considered to be general practice of cases of this nature is the fact that these suits are filed naming at least one, but often several, plaintiffs on a proposed class of affected individuals. There must be a common injury suffered among the group under legal speculation in order for the claim to be valid. Furthermore, due process often comes into play with these matters. This means that public notice must be made in which the class action is made viewable to all members potentially involved. This can be accomplished through public broadcast, written statements, and the like. Failure to meet any one of the aforementioned standards could effectively negate the need for a class action suit altogether.

The Mendelsohn law firm handles personal injury cases of every nature, including those which are far reaching enough to be considered under a class action lawsuit. If you have been injured in an accident or by a defective product then you should not wait to involve a legal professional in your case, as this will provide you with the best possible chances of securing the compensation and recognition you both need and deserve in order to recover from your injury or illness. Mr. Mendelsohn is here to help you take the appropriate legal action. Alongside his fellow associates and colleagues, Mr. Mendelsohn has been instrumental in securing hundreds of thousands of dollars in verdicts in settlements for the clients he represents. In fact, the primary concentration of his practices focuses precisely on matters of complex litigation that other law firms may be unwilling or incapable of handling. When you need reliable, proven results from the attorney you choose to work on your case, then you should turn to none other than a Newark personal injury lawyer from the Mendelsohn law firm today.

Article Source: http://EzineArticles.com/?expert=Matt_Mendelsohn
http://EzineArticles.com/?Understanding-Class-Action-Lawsuits&id=6940083

 

 

Sexual Abuse and Civil Lawsuits

By Catherine Lerer -

Sexual abuse is a broad term covering a wide variety of sexual offenses. In simple terms, this abuse refers to unwanted or non-consensual sexual contact. It can include groping, molestation and rape. Virtually any type of unwanted sexual contact would be covered in this category.

Sexual abuse is truly a crime of opportunity. Contrary to popular belief – it is not ordinarily an offense that is committed by complete strangers. It is typically performed by someone who the victim knew very well or someone that they trusted.

Sexual abuse commonly occurs in the family home, by family members or close friends. It can also be committed by extended family or by neighbors. They are often victimized in their own home, or in the home of someone that their parents trusted.

Sexual abuse commonly occurs in nursing homes. The elderly are especially vulnerable due to their fragile nature, both physically and psychologically. They may not have friends or family to complain to, or their complaints may be easily dismissed as “wild hallucinations” or fragments’ of their imagination. Sexual abuse can also occur in the workplace. Although women are more likely than men to be victimized in the workplace, men can be victims as well. In these cases, victims are usually victimized by someone who is in a position of power and authority. These types of cases are often unreported because the victim fears losing their job and their livelihood.

The most disturbing types of sexual abuse are directed towards children and pubescent adults. These types of abuse are nearly always committed by a relative or someone who was entrusted to care for them. Aside from occurring in the home – child abuse can take place in a daycare setting, at a preschool, or in any type of elementary, middle or high school setting. Children can also become the prey in settings involving church groups, and youth groups or they can be victimized by priests and the clergy. Young boys and girls have also been taken advantage of by their coaches and Boy Scout leaders.

Unfortunately, history has proven that in many cases of child sexual abuse – other adults have been aware that it was taking place but they decided to ignore such activity as opposed to reporting it. This has happened in a great number of churches and even some schools. When these organizations fail to take the necessary action to stop such crimes against children – and execute the appropriate disciplinary action against the perpetrator – they are in fact condoning it.

Sexual abusers are known for having multiple victims. If they are not stopped, they usually continue selecting new victims. In many cases, their crimes escalate as they perfect their crime. Furthermore, many people who were victims of sexual abuse as children grow up to be the abuser as well. The only way to put a stop to the vicious cycle is to everything within legal means to bring the abusers to justice.

In the United States, sexual predators are criminally prosecuted. This means they can be sent to jail and be forced to pay heavy fines. What about the victims who they left emotionally scarred in their wake? Victims can file a civil lawsuit against their attacker, and in some cases against other adults or organizations who knew the abuse was going on, but swept it under the rug. If you or someone you love was sexually abused – a personal injury attorney can help. Although your physical injuries might have healed, a settlement could certainly help with counseling or anything else that would heal the psychological damage that was done.

McGee, Lerer & Associates is a personal injury law firm located in Long Beach, California. The Long Beach personal injury lawyers at the firm are a husband and wife team with 35 years combined experience representing personal injury victims. With their combined experience, you can rest easy knowing that your case will be handled by professionals who have a successful proven track record helping personal injury victims. Personal injury victims should not have to shoulder the cost of medical bills, pain and suffering, and lost income incurred due to someone else’s negligence or disregard. Contact a Long Beach injury attorney from their firm to start the healing process today at 800-999-9948.

Article Source: http://EzineArticles.com/?expert=Catherine_Lerer
http://EzineArticles.com/?Sexual-Abuse-and-Civil-Lawsuits&id=6604721

 

 

Limning the Facts of Medical Negligence Cases and Their Subsequent Legal Aspects

By Jems Hug -

The sterilized environment inside a hospital premise, the clicking of antisepticized instruments and the sight of tidily dressed professionals that are all meant to give you a sense of protection, can turn things berserk. Medical negligence cases bear testimony to the innumerable acts of professional negligence that are committed inside healthcare organizations of the UK. An evident act of omission, clinical carelessness can lead to irreparable damages that were never owed by the patients. Medical errors leading to the death of patients are the most extreme cases that occur from irresponsibility and negligence. Leaving out non-economic damages, victims of such a case are left cash-strapped because of the mountain-high medical expenses.

Statistical Analysis

Over 20, 000 medical error suits are filed in the civil courts throughout the UK with the preventable injuries causing the society a loss of more than �300 millions, paid out through compensation, annually. Frequency of such occurrences can be understood from the statistical data mentioned above. In recent times, the cases have frequented with nearly 30,000 of them reported during the past two years. Out of the ones recorded, only 5000 cases go for compensation claim which makes the ratio one out of every 8 cases. While success rate of such court cases is quite high, compensations for punitive damages are only granted to 1% of the claimants.

Cases Filed So Far

Cases of clinical negligence that have made their way into the book of records and are often referred to, for compensation sanction, are negligence in surgical processes, inappropriate administration of anesthesia, birth injuries, wrong or prolonged prescription of drugs, late diagnosis, misdiagnosis, disabilities, disfigurement and coma. The Tort law allows all these cases to be tried in the civil court through medical negligence solicitors to ensure justice to the wronged.

Offenders’ Liabilities

The health care service providers have certain ethical and professional duties towards the responders. It is one of their practice points to redress the loss and damages sustained by the second party, should they commit clinical negligence. The doctors and hospitals are all insured by the medical negligence insurance policies that pay out the claimed amounts. Such issues work as insurance liabilities for the hospital authorities or autonomous practitioners involved. Since it is a costly affair, plaintiffs prefer to charge the medical authority for welcoming otherwise avoidable circumstances. Even non-patient third parties can make claims for distresses caused by such acts of negligence.

Have you fallen prey to a case of medical negligence? Visit our website to hire the best medical negligence solicitors in the region to get your finance redresses legally.

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http://EzineArticles.com/?Limning-the-Facts-of-Medical-Negligence-Cases-and-Their-Subsequent-Legal-Aspects&id=7310514

 

 

Lawsuit Cases That Qualify For Pre Settlement LoansLawsuit Cases That Qualify For Pre Settlement LoansLawsuit Cases That Qualify For Pre Settlement LoansLawsuit Cases That Qualify For Pre Settlement Loans

By Stephen Sandecki -

When it comes to the different types of lawsuit cases it can be mind boggling. There are over fifty different types of civil court cases; thousands if you branch them off into their own specific field. Many plaintiffs in the middle of a lawsuit seek pre settlement loans as a source of cash during their pending lawsuit. They may use this cash to pay bills or even to fund their lawsuit case. Regardless of the reason a plaintiff should know what cases lawsuit settlement loan providers accept. In theory with so many different lawsuit loan providers in the industry one will at least fund your particular type of case. However, there is a general set of cases that they all will fund. Below is a quick list of the different cases that the majority of the providers will give loans for.

  • Asbestos
  • Auto Accident
  • Aviation
  • Breach of Contract
  • Civil Rights
  • Class Action
  • Commercial Litigation
  • Construction Negligence
  • Copyright (and other intellectual property) Litigation
  • Divorce Funding
  • Employment Discrimination
  • Environmental Litigation
  • FELA (Railroad)
  • Fraud
  • General Negligence
  • Inheritance Funding
  • Jones Act
  • Legal Malpractice
  • Litigation Funding
  • Mass Tort
  • Medical Expenses Funding
  • Medical Malpractice
  • Mesothelioma
  • Motor Vehicle and Passenger Injury
  • Nursing Home Malpractice
  • Patent Law
  • Pedestrian Injury
  • Personal Injury
  • Pharmaceutical Litigation
  • Plane Crash
  • Premises Negligence (slip & fall)
  • Primary Pulmonary Hypertension (PPH)
  • Product Liability
  • Securities Fraud
  • Settlements
  • Sexual Harassment
  • Slip-and-Fall
  • Structured Settlements
  • Surgical Expenses Funding
  • Trucking
  • Vioxx
  • Whistle blower
  • Workers Compensation
  • Wrongful Death
  • Wrongful Termination
  • Zyprexa

As you can see, the list of cases lawsuit loan providers will fund the plaintiffs for is staggering, and this isn’t even a complete list. This just provides you with the basic civil court cases a settlement loan provider may or may not provide plaintiffs with loans for. Regardless of what type of lawsuit case you’re currently involved in you should research the providers list of acceptable cases “before” applying for a lawsuit loan. This will save time and effort while trying to get access to the cash you need. If you want to learn more about the different type of lawsuit cases accept or want to apply for a lawsuit settlement loan then continue below.

Are you ready to learn more about lawsuit loans? Then come visit the LawsuitLoans101.com website, the largest resource for information on lawsuit loans. We also have the largest question and answer archive on the internet, if you’d like to view it come visit our lawsuit loan FAQ.

Article Source: http://EzineArticles.com/?expert=Stephen_Sandecki
http://EzineArticles.com/?Lawsuit-Cases-That-Qualify-For-Pre-Settlement-Loans&id=2083261

 

 

What Does it Mean to Settle a Civil Court Case?

By Jeremy P Stanfords -

When a person sues a company or another person in a civil lawsuit, they are usually seeking damages. In the US, damages are assigned a monetary value. When the person suing, usually called the plaintiff, wins the case, they are paid money by the defendant. Sometimes the judge or jury will award the amount requested by the plaintiff. Other times, they will be given less. If the plaintiff does not win the case, they receive nothing. Not all cases go to trial. Sometimes the parties will agree to settle the case before it goes to trial. This can be done for a number of reasons.

One is that the parties want the case to end. Often the subject of financial or emotional distress, a lawsuit can drag on for months or even years. After a while, it may be easier to end the case than to continue on through the many lengthy steps involved. There is usually a degree of what some may consider to be an invasion of privacy.

A civil case usually requires answering written questions called interrogatories. Although the lawyers involved in the case will help their clients with the phrasing, it still means disclosing and rehashing details and information some people would rather not divulge. Another process in the case is called a deposition. This is when the other side’s lawyer asks questions of each witness during a formal session with a court reporter present. Most witnesses do not enjoy the tedious process. Some cases will settle before it gets to this point.

Another reason cases settle is financial. Lawsuits cost money for both the plaintiff and defendant. It is often difficult for plaintiffs to come up with lawsuit funding. Lawyers must be paid a retainer fee in advance. They also charge hourly for their time. This includes preparation of answers to interrogatories, questions for depositions and learning as much information as possible about the case. Court reporters and expert witnesses must also be paid for their time. Sometimes it is just cheaper for the defendant and plaintiff to come to a lawsuit settlement agreement rather than pay all of the expenses necessary to go to trial.

Sometimes when a case settles or is planning to settle, the plaintiff may not receive their money right away. If they are in financial need, the plaintiff may receive pre-settlement funding from an independent financing company. While the firm takes a certain percentage from the amount, the rest of the money is usually given to the plaintiff with 48 hours of the advance payment approval. The settlement payment is then directed to the financing company and the plaintiff can move on with their life, as the case is concluded.

If you are interested in lawsuit loans or a lawsuit cash advance, be sure to visit Fair Rate Funding.

Article Source: http://EzineArticles.com/?expert=Jeremy_P_Stanfords
http://EzineArticles.com/?What-Does-it-Mean-to-Settle-a-Civil-Court-Case?&id=4660429

 

 

The Stages of Civil Litigation

By Gerard Simington -

Getting involved in a lawsuit can be a very stressful situation, regardless of which side you are on. To limit the stress, it often helps to understand the process and stages of litigation.

What is civil litigation? Civil litigation is a lawsuit whereby a party seeks damages against another party. The damages can come in the form of money or the modification of some type of conduct. For instance, one can sue for breach of contract if another party fails to live up to the terms of a written agreement. One can also sue for a restraining order to bar a competitor from using various business property such as intellectual property rights. Importantly, civil litigation is not a criminal matter, to wit, the party that loses the case does not go to jail.

The first stage of civil litigation is the pleading stage. The pleading stage simply refers to the filing of the complaint against the party that is the defendant. The defendant then has the right to contest certain elements of that complaint. The defendant can object on the grounds that the complaint does not state a cause of action against them or frivolous matters are included in the language of the complaint, to name a few arguments. At this point, the court will either find a complaint to be with or without merit. If the Court throws out the plaintiff’s complaint, the plaintiff is usually allowed to amend the language and refile it.

The next stage of civil litigation is discovery. Discovery is simply the process of learning what evidence each side has regarding the dispute. Typically a party can ask to see any supporting documents the other side has and ask them questions. Questions can be asked in written form through a legal document known as interrogatories. Questions can also be asked orally by the party’s legal counsel in a process known as a deposition. Other methods of discovery also include request for admissions, special interrogatories and various other methods specific to your state. Yep, all the rules are set forth by state in most cases.

Once discovery comes to a close, the defendant will often file something known as a motion for summary judgment. A summary judgment motion is simply an argument by the defendant that the evidence provided by the plaintiff in the case does not support a claim against the defendant. In moving for summary judgment, the court considers the law on the books and the evidence provided by the plaintiff. It views the evidence in a light most favorable to the plaintiff before making the decision. If the court finds in favor of the defendant, the lawsuit is over. At this point, the plaintiff can either abandon the lawsuit or file an appeal to have a higher court review the matter.

Assuming the plaintiff survives a motion for summary judgment, the next technical step of a lawsuit is to actually go to trial. Before that happens, however, the parties are usually sent to an arbitration hearing in which a mediator tries to cut a deal between the parties. This process is also known as a settlement conference. If they settlement cannot be reached, the court will then set the matter for trial and off you go.

At the end of the day, the average civil lawsuit will take a while to get from filing of the complaint to trial. The exact time is dependent upon the state you live in and how busy the courts are. Criminal matters tend to take precedent over civil matters, so you can often be waiting awhile. In fact, it can often take a year or more before a civil matter goes to trial.

Gerard Simington is with FindAnAttorneyForMe.comfind attorney online with our free directory.

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