It’s not always worth it to pursue civil litigation. Oftentimes small claims courts don’t offer enough compensation to pay for the actual damages necessary.
This means you either get left hanging or take your case to the next level in the process of civil litigation.
Both of these situations require you to pay higher costs, and you’re going to take more risk (after all the time, hard work and expense there’s a chance the judge won’t award you anything).
First, take a good hard look at how much money you can realistically win if you go to court. If your case is best heard in small claims court, then take a look at what limits your state imposes on small claims awards.
It’s easy to find this information. Make a quick phone call to the courts (listed in the phone book), or take a look on the Internet. Government rules can change at anytime, so make sure the source you use is as current as possible.
Civil litigation isn’t going to be worth it if the compensation you are likely to receive isn’t enough. If the judge can’t legally award you an amount close to what you want, there’s no point in pursuing it. This option is only worthwhile if the stakes are particularly high. In most states, the difference between small claims limits and the amounts you can win from going to formal civil court can be quite substantial.
If you decide to pursue a case in civil court it can be very expensive. In fact, it can sometimes cost more than you originally wanted to ask for compensation. If you have a lawyer handling your case (you should if you’re filing a formal lawsuit), court expenses will be subtracted from the whole settlement amount, then the lawyer will take his fee (usually somewhere between 30-40%), then you get what’s leftover. If your case falls into this category, you might want to look at arbitration as an alternative.
With civil litigation, there is always a chance you’ll end up with nothing, no matter the limits you might be faced with. This is why it’s so important to look at your case very carefully and make sure it’s worth it before you file final papers in court. Go over your side of the story and make sure that your claims are valid. Make sure you can show without a doubt that the other party is truly liable for damages.
No matter the proof you have, make sure you can present your case in as short a time as possible. Practice in front of friends or family if you have to and see how much of a convincing argument you can make in just a few minutes.
Take a look at the other side’s case too. Is their argument sound? Can you counter their arguments? Will the other side be able to make you look bad in front of a judge? If you weigh these factors and still feel confident that you can get a higher award from a judge than from the adjuster, take the next step.
Now it’s time to see a lawyer. A lawyer might be able to help make your case more airtight and come up with good arguments as to why you deserve compensation. Nonetheless, make sure your case is good, because a lawyer won’t even want to consider it if he doesn’t think you can win.
Personal injury is a term applied to any damage or harm done to a person’s body, reputation, rights or property. Personal injury can be filed under both civil and criminal law suits depending upon the details of the case. The law of torts is divided into 4 categories: intentional torts, negligence, strict liability and nuisance.
* Intentional torts are those torts that are committed by the wrong doer purposely. It includes, battery, assault, false imprisonment, defamation, trespassing, invasion of privacy, causing emotional distress, racial or sexual discrimination etc.
* Negligence torts are those wrongs, which are done unintentionally. They are the most common of the tort cases in court. They include product liability (products that are dangerous to the users even when used correctly), medical malpractice, misdiagnosis etc.
* Strict liability are those wrongs, which are borne out of occupational hazards and use of dangerous products. They need not be due to negligence of the defendant. Occupational hazards like construction workers, factory workers etc where it is the duty of the employer to provide a safe working atmosphere.
* Nuisance are those wrongs which interfere with an individuals use of his land or property. For instance noise pollution by a factory or smoking by individuals in public places like offices etc.
It is prudent to contact a personal injury lawyer in case of injuries to check the merits of the case, to see if a case exists, the amount of damage etc. Contacting an experienced lawyer may work in favor of the plaintiff (the person suffering the injury) as many tort cases are settled out of court, when the defendant (the person causing the injury) feels that the court may award a larger penalty and that the defendant will be involved in a costly litigation and negative publicity. There are many law firms, which take personal injury cases on contingency basis. It is vital to read the contract agreement as the law firm on successfully winning the case may take away a major portion of the claim.
Rozek Law Offices, S.C. is a Milwaukee Personal Injury Law Firm devoted to helping Wisconsin Personal Injury Accident victims in their search for justice. They limit their practice to the representation of people that have sustained serious Wisconsin Personal Injuries as a result of negligent or wrongful conduct. Their law firm’s primary objective is to protect the rights of their clients by aggressively advocating on their behalf. They also author books in an attempt to educate all Wisconsin Personal Injury Victims, before they could do anything that could jeopardize their case. If you have been injured due to the negligence of another, contact an experienced Wisconsin personal injury lawyer for a free case evaluation.
Criminal defense attorneys come with a variety of areas of expertise. Many attorneys not only handle the routine criminal defense cases, but many also concentrate on one specific area within criminal defense. For example, some may focus on violent crime defense, some may focus on rape defense, and others may have special knowledge of tax law or SEC investigations. Although no area requires that the lawyer be one who concentrates in that area, it can be very beneficial to find one that does have expertise relating to your case. With some cases, however, it can be difficult to find a lawyer that concentrates in that area due to a shortage of lawyers that choose to concentrate in some areas. Finding a lawyer who is willing to put in time to learn about your case and who is genuinely interested in your defense is an acceptable substitute in this situation.
In areas where there are plenty of lawyers to choose from, the choice is not as clear. One must decide if they want someone who has well-established credentials and experience, or someone who is young and will make up for lack of experience with hard and dedicated work. Determine what types of qualities are important to you, and start from there.
No matter which lawyer you choose, it is important to follow a few guidelines before you finalize your selection. Look at what legal organizations the lawyer belongs to. Belonging to the County and State Bar Associations should be a definite requirement. Membership to the National Association of Criminal Defense Lawyers, the State Association of Criminal Defense Lawyers, or to the ABA’s Criminal Justice Section is a good sign that criminal defense cases are important to the lawyer in question. If he or she has held office in any of the organizations that he or she belongs to, that is an even better qualification.
Once you have a few candidates, make arrangements to meet the lawyer to decide if he or she has the skills to handle your case. Having a good relationship with your lawyer is important, so if you do not get along well, chances are the experience will not be a good one. Ask if the lawyer has had teaching experience. This shows that he or she is capable of research, fieldwork, and dedication, all of which are needed for teaching.
In the end, the goal is to find a lawyer that will be handle the case in question. Young attorneys are able to handle misdemeanor and traffic cases, but those with much more experience, at least five years of criminal practice, should handle felony and federal cases.
Newman & Oldwin is an experienced California criminal defense firm, serving Solano County as well as Fairfield, Vallejo, Vacaville, Dixon and Benicia. Barry K. Newman and Leonard E. Oldwin, Jr. are founders of the firm. They are experienced trial lawyers, having represented criminal defendants for over 20 years.
Newman & Oldwin exclusively practices in the area of criminal defense law, representing clients accused of committing felony and misdemeanor offenses. They can protect your rights in all types of criminal cases:
* All Felonies & Misdemeanors
* Murder|Homicide
* Assault
* Domestic Violence
* Sex Crimes
* DUI/Drunk Driving Defense
* Bench Warrants
* Probation Violations
* Probation Terminations
Newman & Oldwin is one of a select few criminal defense law firms that offers clients in-house investigative services. They do not rely on police investigations. With their professional investigative team, you can be assured that they take the time to evaluate the facts and circumstances of every criminal charge, locate crucial witnesses, and find critical information so that they can present the strongest possible defense in the legal proceedings against you.
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