Navigating Civil Lawsuits: Answers to Common Defendant Questions

Understanding Civil Lawsuits as a Defendant

Entering into a civil lawsuit can be an entirely new experience for most individuals. The depictions you've seen in movies, on television, and in books might differ from the reality you're facing. To help shed light on this legal journey, we've compiled answers to some of the most commonly asked questions from defendants in civil cases.

How Long Does a Civil Lawsuit Take?

The duration of a civil lawsuit largely hinges on your willingness to settle the case. As a defendant, settling out of court typically involves a financial payment unless you have strong counterclaims against the plaintiff. Should you choose not to settle, be prepared for a time frame of one to two years before the case goes to trial.

What Do I Have to Do to Answer the Complaint?

Your initial step as a defendant in a civil lawsuit is to file an answer to the complaint. You have a 20-day time limit from when you receive the summons and complaint. While this deadline can often be extended, it's imperative to consult with an attorney promptly to ensure you don't miss this crucial deadline.

An answer is a straightforward document that either admits or denies the facts stated in the complaint. If you have claims against the plaintiff, your attorney will incorporate these counterclaims into the document.

What is Discovery?

"Discovery" is the process by which both the plaintiff and defendant gather information relevant to the case. The breadth of discovery often surprises people, as the rules of civil procedure in both federal and state courts allow parties to inquire about anything reasonably likely to lead to admissible evidence.

While it may feel uncomfortable to answer certain questions, remember that the other side is subject to the same process. The common types of discovery include:

Requests for Documents: Both sides must provide relevant documents, whether helpful to their defense or not. Your attorney may object to specific requests if they are overly broad, irrelevant, or seek privileged information. However, it's essential to share all pertinent documents with your attorney.
Interrogatories: These are written questions that you must answer under oath, typically with your attorney's assistance. Objections or limitations can be made by your attorney.
Requests for Admissions: This document presents specific facts for you to admit or deny. Your attorney will review these with you carefully and object where necessary.
Depositions: These oral testimonies typically occur after the written discovery phase. It is an essential part of your defense, so prepare accordingly.

How Much Does Litigation Cost?

As a defendant in a civil suit, you often have an hourly fee agreement with your lawyer. Therefore, the actual cost can vary widely based on the time required. Regularly consult with your attorney for cost estimates and discuss budgeting for various aspects of discovery.

Additional expenses may include expert witness fees (if necessary) and costs associated with deposition transcripts, which can range from $300 to $900 per deposition, depending on their length.

How Often Should I Hear From My Lawyer?

Your lawyer should be accessible whenever you have questions or concerns. Additionally, they should keep you informed of any case developments or settlement offers. It's crucial to understand that civil lawsuits can have periods of inactivity, especially during discovery, when both parties are awaiting responses. Your attorney should provide reasonable explanations for any lulls in activity.

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How Do I Know Whether I Should Settle the Case?

Approximately 97.5% of civil cases are resolved through settlement before reaching trial. Several factors contribute to this high settlement rate, including the potential for new discoveries during the process and the desire to minimize legal expenses.
Settlement often involves compromise, and whether an offer is reasonable depends on both subjective and objective factors. You must consider if it's something you're willing to accept, even if it's not your preferred outcome. Objectively, your attorney will analyze potential trial costs, your chances of prevailing, and the likely financial outcome. Your own legal expenses should also be factored into the decision.

Will a Judge or Jury Decide My Case?

Depending on the case type, both parties typically have the right to a trial by jury. However, in some instances, it may be more strategic to opt for a bench trial, where a judge decides the case from the bench. It's advisable to demand a jury trial in your initial pleading and later assess whether waiving that right makes sense for your situation.

Meet Our Trial Attorneys

Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years, with a focus on complex business litigation. In 2009, she started the firm that became slnlaw. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year for a precedent-setting victory at the Massachusetts Supreme Judicial Court. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, and helped thousands of clients with business and employment disputes. Emily has handled cases at every level of the state system, in the federal trial court, and before the First Circuit Court of Appeals.

Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has successfully defended numerous employers in the MCAD, and litigated other business and employment disputes throughout the state court system and in the federal trial court.

Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has litigated both plaintiff and defendant cases in the state court system, MCAD, and the federal trial court.

How We Can Help

Understanding the ins and outs of civil lawsuits as a defendant is crucial for navigating this legal terrain. Should you have further questions or require guidance, our team at slnlaw is ready to assist you. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.

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