Disputes can be daunting. No one wants to disagree with another individual, or company, to the point where it must be taken to court. If things do go awry however; what should you do? In this blog from Wayman & Long, we answer a frequently asked question; What Is Civil Litigation?
Civil litigation can seem like a complex and terrifying process at first glance but this blog will help to explain exactly what it is and how resolutions are implemented. It helps to highlight how a difficult situation can be effectively navigated through litigation.
Civil litigation is a common legal process which aims to resolve non-criminal disputes between two parties. Cases are often taken to civil courts where the situation is assessed and the judge makes their decision accordingly.
Civil cases seek financial compensation for the claimant in place of punishment for the offender, unlike in criminal courts where defendants can be ordered to serve a prison sentence.
This monetary compensation is the result of physical or emotional damage that the claimant has incurred due to the actions of the other involved party.
At Wayman & Long, we are experts in the field of civil claims, and can help to provide support with no-win-no-fee arrangements (subject to status) to anyone in need, so that they receive the compensation they deserve.
Although civil litigation is already a subsection of the law as a whole, it still covers a wide variety of different areas such as the ones listed below.
Disputes between families are unfortunately common and must be dealt with using a sensitive and respectful approach. Cases within the Family Law area include divorce and separation agreements, asset division, child custody and visitation rights, child support, and more.
Workplace issues such as wrongful dismissals, workplace discrimination, and breach of contract are also covered under civil litigation and claims can be made for compensation where appropriate.
This type of dispute refers to boundary disagreements, landlord-tenant issues, easement conflicts, and nuisance claims. Taking these problems to court can help to protect the property or provide financial reimbursement for any damages incurred.
Being injured through no fault of your own is never nice. This is why compensation can be claimed for road traffic accidents, workplace accidents, asbestos-related injuries, and medical malpractice.
Disputes between neighbours can be very stressful since the cause of the tension is right next door. However, a qualified solicitor like Wayman & Long can help in reaching a resolution for issues such as noise complaints, boundary disputes, and anti-social behaviour.
Contract disputes cover a range of issues such as breach of contract, misinterpretation of the document, and disputes over the terms and conditions. Civil litigation will bring clarity to these problems so that both parties understand exactly where the contract puts them.
Wayman & Long are highly experienced in civil litigation cases, and our solicitors have dealt with a wide variety of cases in the past. We can provide professional support on all of the disputes listed above, as well as other areas like debt recovery, consumer rights disputes, intellectual property disputes, and more.
Our dedicated legal team will do their best to create the best solution out of any bad situation.
The civil litigation process can seem daunting, but having a supportive and knowledgeable solicitor like Wayman & Long to help with navigating such a difficult period can drastically decrease the stress of the situation.
Our solicitors will first listen carefully to the core issue of the dispute and encourage the parties to resolve it through alternative dispute resolution methods, including mediation, negotiation and arbitration. If that does not succeed, then the case will be taken to court.
The claimant will initially file a complaint with the court which officially begins the litigation process. Together with their legal advisors, they will review their claim, outline the compensation that they desire, and serve the defendant with the form.
Should this course of action end up going to court, both parties will bring evidence to accompany their claim and the trial will begin. Once all the evidence has been presented to the judge, they will make their decision accordingly.
If the judge leans in favour of the defendant, the case will be dropped. However, if the claimant wins the trial, they will be awarded compensation. Financial reimbursement can be obtained for lost wages, property damages, and emotional stress, among many other reasons.
With years of experience behind us, Wayman & Long’s solicitors can obtain favourable outcomes in even the most difficult of cases. We can be trusted to bring justice for the damages that our clients have experienced.
Before taking civil disputes through court trials, we encourage both parties to try and reach a resolution. Alternative dispute resolution (ADR) methods can resolve the issue without the need for formal court proceedings through the use of initiatives such as mediation, negotiation and arbitration.
Such methods aim to create an environment where the parties can openly discuss the issue (often within the presence of a neutral third party ‘mediator’) and come to an agreement. If, once this has taken place, the problem has not been resolved then Wayman & Long can help with preparing for the legal proceedings that will inevitably follow.
There is no point in hiding that civil litigation can be a challenging legal process, however it is much more manageable when receiving the correct support. Solicitors at Wayman & Long are as empathetic as they are knowledgeable, and understand how uncomfortable it is to be involved in such tense disputes.
This is why we provide all of our clients with both the legal and emotional reassurance that they require, whilst fighting to bring them justice.
Our expertise and vast experience offer peace of mind that all cases will be in good hands. Achieving the outcome that our clients desire is the top priority for every member of our legal team. Get in touch with our team today.
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