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We Provide Qualified Representation For Civil Litigation In California

If you are looking for a civil litigation attorney in San Diego, we can help. At Polek Law, we handle different litigation cases and represent individuals and businesses in court.

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Civil Litigation An Overview

Civil law governs private disputes between individuals or entities, with remedies typically including monetary damages or specific performance. Monetary damages can cover both economic (e.g., bodily injury, property damage) and non-economic (e.g., pain and suffering) losses. Specific performance is ordered when monetary damages cannot fully resolve the issue. To seek a remedy, individuals file complaints in civil court, where cases may go to trial, settle, or be dismissed. Some cases may also be resolved through arbitration with a private panel.

Antitrust Litigation:

Our civil lawyer, San Diego, manages civil cases related to antitrust. It is a law that involves statutes and regulations that foster open and fair competition in the marketplace. Antitrust litigation occurs when a lawsuit is filed to put an end to practices that restrain trade and to compensate those who have been harmed.

Civil Rights Violations:

We represent you in court for all kinds of civil rights cases and issues. Discrimination that violates civil rights occurs when an individual is treated unfairly based on their membership in a protected category. This includes race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability, or genetic information (including family medical history). If you’ve experienced discrimination, we’re here to help you understand your rights and seek justice.

Contract Disputes:

Contract disputes arise when one party claims a breach, such as non-payment, failure to perform, or disagreements over terms. These cases often require contract interpretation and damage assessment. So if you are looking for a civil litigation lawyer to handle your contract disputes, we are here.

Employment Disputes:

Our civil litigation lawyer also handles employment-related disputes include wrongful termination, discrimination, wage and hour issues, sexual harassment, or breaches of employment contracts.

Family Law Matters:

Civil litigation lawyer San Diego usually covers family law disputes including divorce, child custody, child support, spousal support, adoption, and property division. Civil litigation lawyer, San Diego.

Intellectual Property Disputes:

Civil litigation cases related to IP occur when someone infringes on another’s intellectual property rights, such as in cases of copyright, patent, trademark, or trade secret violations.

Medical Malpractice:

Civil litigation matters related to medical malpractice happen when healthcare professionals or facilities provide substandard care, leading to harm. This can include errors in diagnosis, surgery, prescriptions, or neglecting patient history.

Property Disputes:

Our civil litigation services also include property disputes, such as conflict over real estate, including boundary issues, landlord-tenant disagreements, title disputes, or ownership and usage conflicts.

Personal Injury Cases:

Our civil dispute lawyer also manages personal injury cases resulting from harm caused by another party’s negligence or intentional actions, such as car accidents, slip and falls, wrongful death, or product liability.

Legal Expertise

Civil litigators have specialized knowledge and experience in civil law and litigation procedures, ensuring proper representation and advocacy.

Strategic Guidance

A civil litigator can assess the merits of a case, develop a legal strategy, and provide guidance throughout the litigation process, maximizing the chances of a favorable outcome.

Evidence Gathering

Civil litigators possess the skills and resources to gather and present evidence effectively, strengthening the case's presentation.

Negotiation Skills

A skilled civil litigator can negotiate with opposing parties or their attorneys to achieve a favorable settlement, protecting the client's interests and minimizing risks.

Courtroom Representation

In the event the case goes to trial, a civil litigator provides courtroom representation, presenting arguments, examining witnesses, and advocating for the client's position.

Legal Compliance

Our attorney ensures that all legal documents, filings, and proceedings comply with relevant laws and regulations, preventing procedural errors that could negatively impact the case.

Navigating the Litigation Journey

Here is how our civil attorney helps you in navigating through the whole process.

Pre-litigation Phase

This phase involves initial investigation, gathering evidence, attempting negotiation or mediation, and drafting a demand letter or initiating settlement discussions.

Filing the Complaint

The plaintiff files a formal written complaint outlining the facts, legal claims, and requested remedies with the appropriate court, initiating the lawsuit.

Pleadings and Discovery

The parties exchange pleadings, including the complaint, answer, and any counterclaims. Discovery then occurs, where parties gather evidence through methods such as interrogatories, depositions, and document requests.

Settlement Negotiation

Throughout the litigation process, parties may engage in settlement negotiations to resolve the dispute outside of court, potentially saving time and expenses.

Trial and Judgment

If a settlement cannot be reached, the case proceeds to trial. Both parties present their evidence, witnesses, and legal arguments, and the court or jury decides the case, issuing a judgment.

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Frequently Asked Questions

Civil litigation is a legal process involving two or more parties who need to resolve a dispute through the court system. It typically involves one party (the plaintiff) seeking damages or specific remedies from another party (the defendant) for alleged wrongdoings, like a breach of contract, personal injury, or property dispute.

The parties in civil litigation can be individuals or entities, like private citizens or residents, public officials, private businesses, non-profits, or government agencies.

The duration of civil litigation varies depending on the complexity of the case, court backlog, and whether a settlement is reached. Some cases can be resolved in a few months, while others may take several years to conclude.

Civil litigation, as opposed to criminal litigation, involves disputes between people, businesses, and other entities. While each lawsuit has its own particular circumstances, most follow the same steps summarized below.

Pleadings Stage  During the pleadings stage, the plaintiff files and serves a complaint on the defendant(s). In the complaint, the plaintiff states, among other things, the harm they incurred, how it occurred, and why the defendant is liable for that harm. Next, the defendant will prepare an answer in response to the complaint. The defendant may also file a counterclaim or cross-claim. The plaintiff will then have an opportunity to reply to any pleadings that require a response. While this is a simple explanation, the pleadings stage can involve other steps, such as the defendant filing a motion to dismiss and a hearing to address any motions filed.

Discovery Stage  The discovery stage is when both parties have the opportunity to request information and documentation from the other party. This is accomplished formally through the filing of interrogatories and requests for production. It is also at this stage that witnesses are deposed and their testimonies obtained.

Trial Stage  At the trial stage, the parties will each be able to present opening arguments. Then, the plaintiff will be able to present their case, and the defendant their defense before a judge and/or jury. Evidence is produced and testimony is taken from witnesses, and the parties are allowed to have closing arguments. The judge will issue a decision or the jury will reach a verdict.

Appeals Stage  The party that does not prevail at trial may pursue an appeal to have the decision reviewed by a higher court. Appeals can continue until there are no higher courts with jurisdiction to hear the matter.  Again, this is a general summary of lawsuits. Each suit may proceed differently according to the facts of the case and the jurisdiction where the case is heard.

The potential outcomes of civil litigation are usually one of four:

  • Dismissal, where the court orders a case dismissed;
  • Settlement, where parties agree to resolve the dispute outside of court;
  • Judgment, where a court ruling in favor of one party, leading to damages, injunctions, or other remedies; or
  • Appeal, where a party may appeal an unfavorable judgment to a higher court.

Yes, many civil disputes are resolved through negotiation, mediation, or arbitration – collectively referred to as alternative dispute resolution (ADR) methods – before going to court. Alternative dispute resolution methods can be more cost-effective and less time-consuming than litigation. 

There are, however, pros and cons to each method, so the decision to use any ADR method should be carefully considered with the help of a civil litigation attorney. In fact, our civil litigation attorney in California can help you with negotiations during most of these processes, including the provision of insightful, strategic counsel.

Contingency Fees  In a contingency fee agreement, the plaintiff pays nothing up-front. Instead, the attorney will receive an agreed-upon percentage when the plaintiff receives their damages. This is helpful for plaintiffs who do not have money to pay upfront. If the plaintiff does not receive any damages, the attorney does not get paid.

Flat Fees  In flat fee cases, the attorney agrees to represent the plaintiff for a specific amount of money. No matter how the case concludes, the plaintiff is generally responsible for paying this amount. 

Hourly Rates  In hourly fee cases, the plaintiff will receive a bill from their attorney for the work completed by the attorney at an hourly rate. Often, in these circumstances, a retainer is required.

In all three types of billing, the plaintiff is generally responsible for paying all costs associated with their case on top of the attorney's fees. In some cases when the plaintiff wins, they might be able to demand and receive attorney fees from the defendant.

Alternatives to trial are alternative dispute resolution methods. Negotiations are the most common form of ADR, but mediation and arbitration are often used or required. Many states have other types of ADR methods, too, that may offer other benefits. Again, whether an alternative to trial is best for a particular case is a matter that should be discussed with your legal representative.

Civil litigation is wide-ranging and encompasses a broad spectrum of case types, including:

  • Business disputes
  • Landlord/tenant disputes
  • Probate disputes
  • Real estate disputes
  • Financial disputes
  • Personal injury disputes
  • Breach of contract disputes
  • Employment disputes
  • Family disputes
  • Divorce
  • Civil rights violations

While all the above are types of civil litigation, how they proceed and the proper procedure for each can vary significantly.

Initiating a civil litigation case involves filing a complaint in the appropriate court. To do so, you need to ensure you have the right forms, persuasive arguments, and legal support to accompany the filing.

For most cases, unless it's a small claims matter, we recommend consulting with an attorney who can help you draft and file the complaint in the appropriate court. If you have a legal dispute in California, contact our litigation attorney to guide you through the process and represent your interests.

While it is possible to represent yourself in civil court (pro se), it is highly advisable to hire an experienced civil litigator. At Polek Law, our civil litigator will provide legal expertise, help you navigate complex procedures, and advocate on your behalf, increasing your chances of a favorable outcome.

There is no magic formula for determining exactly how long it will take to resolve a lawsuit, however, there are some factors that can help provide a timeframe for resolution.

Type of Case and Fault  If liability is clear and not at issue in an accident, the case is more likely to reach a prompt resolution. Class action lawsuits and medical malpractice lawsuits tend to be some of the lengthiest.  

Parties to the Case  The parties to the case have a huge bearing on how long the case takes to be resolved. Cases involving multiple parties tend to take longer to resolve. Also, the willingness of the parties to work together towards a resolution is a huge factor in the length of time to resolve a case. 

Damages Involved  The higher the damages, the more likely the defendant will put up a vigorous defense and the longer the case will take to reach a conclusion. There may be ways to expedite a lawsuit, which is a matter best discussed with our civil litigation attorney.

Generally speaking, the burden of proof in civil cases is that the plaintiff must prove their case by a preponderance of the evidence. A preponderance of the evidence is a lower bar than a criminal prosecutor's burden to prove the alleged suspect guilty beyond a reasonable doubt. In civil cases, you must show that more likely than not, the evidence proves your claim, and this is done by a preponderance of the evidence. 

In some instances, a clear and convincing standard is required. For example, in many states, if a plaintiff seeks punitive damages, then they may have to show clear and convincing evidence, which is a showing of evidence in between the standards beyond a reasonable doubt and by a preponderance of the evidence.

When choosing a civil litigator, consider their experience in handling cases similar to yours, their track record of success, and their communication style. A good attorney should also provide clear and transparent guidance throughout the process.