QUESTIONS & ANSWERS
Civil Litigation FAQs
What is civil litigation?
Civil litigation covers a broad spectrum of legal
proceedings, encompassing all law that is not criminal.
Civil law is divided into two primary branches: Tort Law and
Contract Law. Rather than being tried in a criminal court,
civil law cases are litigated in civil courts as lawsuits,
and the remedy sought is typically financial compensation.
What is tort law?
A tort occurs when someone deliberately or
through carelessness causes harm or loss to another person
or another person’s property.
What is contract law?
Contract law is the area of civil law concerned with
interpreting agreements between parties and resolving any
disputes. Contract law is the basis of all commercial
dealings, from buying a bus ticket to trading on the stock
market.
What are some common litigation
suits?
Civil offenses can vary and include the following
offenses:
- Breach of contract or warranty
- Unlawful taking of property
- Damage to property
- Invasions of privacy
- Negligence
- Personal Injury
- Fraud
How long do I have to file my
civil litigation claim?
All civil actions are subject to statutes of limitations,
which may bar a case from being brought to trial, regardless
of how good a case it was. Contact
Howard, Stallings, From & Hutson, P.A. to determine the
statute of limitations for your matter.
Can my case be settled out of
court?
A high percentage of civil cases are settled. In many
instances, it may be in your best interest to resolve your
dispute without going to court. An experienced civil
litigation lawyer can advise you when settlement is
appropriate, what type of settlement is fair and when
litigation is your best option. Contact Howard, Stallings,
From & Hutson, P.A. today to discuss your case.
What is alternative dispute
resolution?
Alternative dispute resolution is the method by which
legal conflicts and disputes are resolved privately rather
than through litigation. These disputes are usually resolved
through either mediation or arbitration. It typically
involves a process less formal than traditional court
proceedings and includes the appointment of a third party to
preside over a hearing between the parties.
What is arbitration?
Arbitration is the referral of a dispute to one or
more independent third person(s) who act(s) as judge and
jury. In advance of the arbitration, the parties agree to be
bound by the arbitrator's decision. Cases that are
arbitrated are generally resolved faster than conventional
lawsuits because arbitration is less formal and court
congestion is not a problem. However, depending on the
circumstances, arbitration is not always in the client’s
best interest.
What is mediation?
Mediation is an informal process in which a
mediator helps to negotiate a mutually acceptable resolution
between disputing parties. Unlike arbitration or litigation,
mediation does not impose a solution. If the parties cannot
negotiate an acceptable settlement, they may still arbitrate
or litigate their dispute.
