Civil litigation refers to non-criminal matters that may or may not go to court. There are several stages to the process, so finding an experienced law firm is wise. Those seeking representation will want to inquire about an attorney’s trial experience. That is important because many civil cases are settled out of court. A civil litigator may not have extensive courtroom experience. If the case does go to court, however, a lawyer with trial experience is preferable.
Early stages of the process include the investigation of all circumstances related to the case. That consists of actions prior to the incident, the timing and conditions that lead to the incident, and what happened directly after it. Discovery of all the evidence that will be presented in court is shared among both sides of the dispute. Depositions are also taken from all those involved, any witnesses, and other relevant people.
Mediation is conducted by a facilitator who works with both sides to reach an agreement. If that does not work, arbitration is the next step. An arbitrator is a neutral party who takes testimony, evaluates all the facts, and makes a decision. This practice can save everyone time and money and expedites the process. It is the last resort before proceeding to trial.
In some cases, litigation seems pointless to those who have been injured, subject to harassment, or have a loved one who may be suffering abuse in a nursing home. The opposition can appear to be too big and powerful to be held responsible for any wrongdoing. Their insurance company is claiming there is no case at all, and it is a waste of time to pursue the matter.
Calling an experienced lawyer provides balance to the situation. The injured party may have no idea what options exist. They may also be concerned about how to get medical bills paid or how to make the objectionable actions stop. Lawyers can explain the options, outline the probability of success, and begin to investigate the situation.
The incident may result in more surgery, have long-term repercussions, or have psychological effects on the victim. A lawyer can present a case for re-training, compensation for pain and suffering, or having a patient transferred at the expense of the nursing home. People who are not sure if there is a case can read here to learn how to select the right lawyer.