When you are involved in a complex dispute, a civil litigation attorney can help you achieve favorable results within the right time frame required for business transactions.
If you have a disagreement with another business, individual, government, or organization, an attorney will help you navigate the law and the facts to reach a positive outcome. At Bensinger Legal Services, we welcome the opportunity to satisfy our clients’ expectations.
What Is Civil Litigation?
There are two broad types of court cases: criminal and civil.
Criminal cases usually occur against one defendant who violates criminal law. A state or federal prosecutor prosecutes the case, which can result in punishment like fines or jail time.
In criminal cases, the prosecutor must prove that the defendant committed the crime beyond a reasonable doubt. This is the highest burden of proof in law, and it applies to criminal cases because a person’s liberty is at stake.
On the other hand, civil law governs activities between individuals, companies, or governments.
“Civil litigation” is a term used to describe a legal dispute between parties who are seeking monetary compensation or specific performance, rather than criminal charges or penalties. It applies to any legal dispute involving two or more parties.
Under Ohio law, a civil action gives an individual or business a legal process to enforce the laws meant to protect them. The law enables one person to sue another “for the redress of a legal wrong, enforcement of a legal right, or the punishment of a public offense.”
The burden of proof here is lighter than beyond a reasonable doubt. In a civil case, the plaintiff must prove their case by a preponderance of the evidence. In other words, the evidence must show that the facts of the claim are more likely than not to be true.
A civil lawsuit could result in an order for one party to pay monetary damages or to act or stop acting in a certain way. Another possible result is that the court states one party’s rights under particular circumstances.
Common Types of Civil Litigation Cases
Civil law controls when a person must repay harm, loss, or injury to another. Thus, civil litigation encompasses hundreds of types of cases. Sometimes civil law provides a cause of action for a particular behavior, and other times even a civil claim is based on a criminal act.
Examples of civil cases include:
- Contract disputes;
- Civil fraud (misrepresentations, claiming unearned benefits);
- Construction litigation;
- Temporary restraining orders;
- Insurance disputes, including automobile, disability, health, homeowners, life, and renter’s policies;
- Torts, which occur when a person intentionally or unintentionally causes physical or psychological harm to another—including negligence, libel, and accidents;
- Disputes over the succession of a business or estate;
- Car accidents;
- Class action matters;
- Premises liability claims;
- Defective product liability;
- Landlord and tenant disputes;
- Business disputes;
- Commercial law disputes;
- Administrative law matters;
- Complaints against the city when the city has declined settlement; and
- Property disputes or damages.
The arena of civil litigation includes personal injury and wrongful death. Civil claims seek to remedy a physical or psychological injury caused by another person’s negligence.
Aaron handles a wide range of civil litigation cases in addition to personal injury. His varied and successful background guides him in achieving the best results in all legal matters.
What Does a Civil Litigation Lawyer Do?
A lawyer who specializes in litigation, referred to as a trial attorney or litigator, represents individuals or entities involved in civil legal disputes, either as the party initiating the lawsuit (plaintiff) or the party being sued (defendant). Lawyers for civil cases handle the legal details of the case. When two parties have a dispute, one party will file a complaint with the civil court to start a lawsuit.
The complaint describes the plaintiff’s damages or injury, explains how the defendant caused the harm, establishes jurisdiction, and requests relief from the court. Your civil litigation attorney will draft your complaint and submit it to start your lawsuit. If you receive notice of a complaint, your attorney will help you draft a response.
During the pretrial stages of your lawsuit, your attorney will initiate the discovery process.
The discovery process may include, but is not limited to:
- Deposing key witnesses,
- Hiring expert witnesses as needed,
- Developing a discovery strategy,
- Serving discovery requests on the opposing party, and
- Filing discovery requests with the court.
Professional Ohio civil claim lawyers will inform you of your settlement options or other potential resolutions. Your lawyer can assist you in reaching a settlement with the opposing party.
Litigation is expensive, and courts frequently encourage parties to reach an out-of-court settlement. Your lawyer can help you negotiate with the other party and draft a settlement agreement that meets your needs.
A civil litigation law firm can handle the trial process if the parties are unable or unwilling to settle.
During the trial, actions your attorney might take include:
- Filing motions and responses,
- Arguing on their client’s behalf during court sessions,
- Performing jury selection,
- Submitting new evidence under certain conditions, and
- Questioning witnesses who are providing live testimony.
After trial, the jury returns its understanding of the facts, and the judge interprets the law and issues a judgment. If errors or omissions were made at trial, your Ohio civil litigation lawyer can file an appeal or defend an appeal. If the judgment is in your favor, they can help recover and enforce the legal remedies ordered by the court.
Finally, your attorney should give you an honest assessment of your chances of settling the case or winning at trial. A civil attorney should explain how their fee structure works and then bill according to the agreed-upon fee structure.
Aaron Bensinger: Experienced and Approachable Civil Law Attorney in Ohio
When you are our client, our litigation team judges success by how well we achieve your business and legal objectives. From the beginning of an engagement, we prioritize understanding your needs. Then, we work to secure the most beneficial outcomes and workable solutions to meet those goals.
We distinguish our service through innovative strategies, straightforward advice, consistent communication, and ongoing alignment with your priorities. When the representation ends, we evaluate our service using your highest standards as our benchmark.