Navigating Civil Lawsuits: Answers to Common Defendant Questions
Understanding Civil Lawsuits as a DefendantEntering 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:
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.
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.
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.
