Lawsuit 101: The Basic Steps In The Civil Litigation Process

Civil litigation, also known as a lawsuit, can seem complex or confusing, especially for those unfamiliar with legal processes. While every case has different facts and may contain different legal issues, there are some similarities among all types of civil litigation you should be aware of.

If you are involved in a civil lawsuit, you shouldn't feel discouraged by the various steps or legal jargon. Understanding the steps and terminology of a civil lawsuit is key in keeping yourself educated during the process. Here is a breakdown of the basic steps in every civil lawsuit process to help you better understand what is going on with your case.

What is Civil Litigation?

Civil litigation or a civil lawsuit is a lawsuit that is not criminal in nature. Typically, a plaintiff (the person initiating the lawsuit) files a complaint against the defendant (the person being accused) based on issues involving personal injury, death, property damage, or others. The plaintiff is typically claiming that he/she/it has been wronged by the Defendant resulting in damages and is typically  looking to recover money. It can range from a relatively small claim, such as a minor car accident, to major multi-district litigation over a dangerous medication resulting in numerous injuries/deaths. These cases will sometimes head to trial, giving a judge or jury the chance to decide the outcome. 

The Common Steps in a Civil Lawsuit

Each civil trial is unique, but there are common elements. Here are the basic steps of any civil lawsuit, from filing a complaint to appealing a judgment:

Step 1: Consult with a Civil Litigation Attorney

If you are interested in pursuing civil litigation against another person, you should first consult with an attorney to understand the process. The civil litigation attorney can help you determine whether or not you have a solid case and the best process to start building your case. These consultations are confidential, making it easy to confide every detail to your attorney. Your attorney will help you determine where, when and how to file your case. 

Step 2: File Complaint/Pleading

After consulting the case with your attorney, the plaintiff will file an official complaint with the court and serve the defendant a copy of the complaint. This complaint lays out the plaintiff's the basic believed facts regarding the case, including the parties, jurisdiction of the court, theory of liability, and damages or injury suffered.. The defendant can then file an answer to the complaint and file a counterclaim that says the plaintiff actually owes them compensation instead and turn the lawsuit into a two-way court battle.

Step 3: Discovery

After the lawsuit becomes official, both parties have to spend time building up a case by collecting evidence and interviewing witnesses through written discovery and depositions. Each party also has an obligation to share their information with each other so that each party has a chance to respond to new evidence with evidence and arguments of their own.

The goal for both parties is to enter the trial with as much information as possible. It is typically the longest part of the civil lawsuit process. In South Carolina, at the end of the discovery period, the parties are required to mediate the case, which is an opportunity to sit down with a neutral third party to discuss resolution. Cases often settle during the discovery period or at mediation because continuing to trial is expensive for all parties, and carries certain risk.

Step 4: Trial and Verdict

A trial is the result of a lawsuit if settlement is not reached. The vast majority of lawsuits never make it to trial. The trial begins with an opening statement by the attorneys for the plaintiff, followed by those of the defendant, presenting their respective sides of the case to either a judge, or a judge and jury. The parties then present their evidence and call witnesses to the stand to testify. Once each party has had an opportunity to present its case, the attorneys will make closing arguments.

Depending on your specific case, the jury or judge then deliberates over the evidence and arguments until a verdict is reached. Once reached, either party can choose to challenge the verdict via post-trial motions.

Step 5: Appeal

After post-trial motions, either party can appeal the verdict and any legal rulings made by the judge during trial. The appellate court will review briefs and evidence submitted by the attorneys and determine if any legal errors were made by the Court during the pre-trial or trial proceedings. They will then affirm the verdict if no error was made. If one is determined to have been made, the appellate court may reverse the verdict or order a new trial.

Role of a Civil Litigation Lawyer

In civil litigation, the attorney’s role is multifaceted. During the initial consultation, the attorney will help you determine whether or not you have a solid case. If the case moves forward, the attorney begins the comprehensive process of gathering evidence and interviewing witnesses about your case. The attorney will also prepare all documentation such as the brief, complaint or answer. Finally, the attorney will represent you in court - presenting evidence, questioning witnesses, and making the opening and closing statements. Having the right attorney by your side is critical in presenting a solid case with clear evidence and achieving a favorable verdict.

If you believe you have a case, or have been sued, time is of the essence. Our attorneys at HHP Law Group are ready to meet with you for a free consultation about your situation and guide you through the complex litigation process. Contact us today to discuss your case.