Today Florida civil litigation attorney, Matt Weidner, is answering the question – what is civil litigation? So, if you have ever wondered what civil litigation is or how an attorney can help you with your civil litigation case, we’ve got the answer!
Florida Civil Litigation – What is Civil Litigation?
Let’s begin with a basic definition of civil litigation –
Civil litigation is how civil matters are resolved through the court system.
But what are civil matters? Civil matters are any situations that focus on relationships between individuals. So, a civil case could be a case where someone seeks financial compensation after their roommate does not pay their share of the rent and that individual is forced to pay the money for them to avoid being evicted from their home.
A civil case may also involve an individual who takes a company to court. For example, someone suing Mcdonald’s for the extreme temperature of their coffee after they spilled that coffee on their legs.
A civil matter differs from criminal cases that deal with individuals filing legal cases against the government, for example.
Where civil cases focus on resolving disputes between parties and compensating someone who has been injured by the actions or behavior of another, criminal cases focus on preventing “undesirable” behavior and bringing punishment upon those who carry out an act that has been deemed undesirable by society.
Examples of Civil Litigation
Some examples of civil litigation include:
- Cases focused on personal injury
- Disputes over intellectual property
- Cases of medical malpractice
- Labor disputes or employment disputes
- Disputes over education law
- Any lawsuits concerning divorce.
The Multiple Branches of Civil Law
There are multiple branches of civil law, these include tort law, contract law, property law, and family law.
Tort law focuses on civil wrongdoing and personal injury. By definition, a tort is a “civil wrong” that one person or entity commits upon another, that causes property damage or injury. At the end of tort cases, one party generally benefits financially over the other – this is usually the party that was injured.
There are three types of tort – negligence, intentional, or strict liability.
Negligence law concerns situations in which the behavior of one party causes an unreasonable risk of harm to other people or property.
Contract law, however, focuses on agreements that are made between multiple parties where each party is expected to hold up their end of the agreement. If one party fails to uphold their end of the agreement, they risk a civil case.
Property law focuses on both real property – for example land – and personal property – for example jewelry. The biggest distinction between these two types of property is that personal property is easily moved where real property cannot.
Family law focuses on any legal case that centers on family and family relationships. For example, family law addresses marriage, divorce, adoption, custody, birth, annulment, and child support.
Civil Litigation Attorneys
Most civil law attorneys specialize in one branch of civil law, for example, a family law attorney would not focus specifically on contract law, but the various branches of civil law frequently intertwine which requires that any good civil law attorney to be knowledgeable of the different branches of civil law.
Choosing a Civil Litigation Attorney
When facing civil litigation, it’s crucial that you hire an attorney to help you through the process. You may question how much good it will do you to have an attorney on your side, but you’d be surprised at just how much there is to do when bringing a civil litigation case or defending against one!
Having a reputable attorney on your side will ensure that you can thoroughly support your case and that you meet any and all necessary deadlines that apply to the litigation at hand. Having an attorney on your side is also very helpful when it comes to attending court. If your case winds up going before the court, your attorney will know the proper procedure and will understand how to direct you so that you know how to act, what to do, and how to navigate your case in general.
But, how do you choose a good civil litigation attorney? We’ve got a few tips that might come in handy!
- Clear and thorough communication – this is a benefit to you as their client as well as to the courtroom because everyone will only get frustrated with a situation when they can’t understand what is being said.
- Good interpersonal skills – the last thing you want is an attorney who completely lacks the ability to connect with other individuals, this will irritate anyone in the courtroom with you!
- A clear and affordable fee structure – you need to know that you can afford your attorney and that means that your attorney has to have a clear fee structure laid out. If you don’t have access to a fee schedule, ask your attorney about their rates BEFORE agreeing to hire them.
- Honesty – it sounds trite, but honesty is one of the best qualities you can have in an attorney. If you can’t trust your attorney, you will have little confidence in your own case. If the court can’t trust your attorney, you face an uphill struggle in the courtroom!
- Confidence – A truly great Florida civil litigation attorney has confidence in their ability to represent you, in their knowledge of the law, and in their presence in the courtroom. If you interview an attorney who lacks this confidence, walk away! You and the court need to be able to trust your attorney.
Are You in Need of a Florida Civil Litigation Attorney
If you live in or around St. Pete, Florida, attorney Matthew Weidner can assist with your civil litigation needs. To find out how attorney Weidner can help with your civil litigation case, call the office of Weidner Law today at 727-954-8752.