What to Expect as a Plaintiff in a Civil Suit
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For most people, this is a new experience. The only frame of reference you may have comes from movies, television and books. The reality is a little different. Below are answers to some frequently asked questions we hear from plaintiffs in civil cases.
How long does a civil lawsuit take?This depends on whether you are willing to accept a settlement early in the case. If you go all the way through trial, a civil suit can take as long as two years from filing the lawsuit to a judgment by the court.
What damages can I expect to recover?This is a really important question to discuss with your lawyer throughout the process.
If you are the plaintiff in a wrongful termination or constructive discharge case, the primary measure of damages will be your lost wages. The judge or jury will look at your back wages from the time of termination until the time of judgment. It will then subtract from this amount any replacement income you have earned and unemployment benefits you have collected. This is called "mitigation of damages." If you are a plaintiff in wage and hour case, your damages will be the unpaid wages. Depending on the nature of your claim, this amount is usually multiplied by two or three. If you are a plaintiff in a sexual harassment case, your damages will likely include an amount for emotional distress. This is not as easy to quantify as lost or unpaid wages. In most employment law cases, if you are successful you will also recover your costs and attorneys fees. What is discovery? |
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"Discovery" is the process by which the plaintiff and defendant gather information relevant to the case. People are often surprised by how broad the scope of discovery is. You should remember that while you are answering questions you don't necessarily want to answer, the other side has to do the same. Here are the kinds of discovery that usually happen:
Requests for documents. The documents from both sides are key to resolving the claims. You should expect to provide any letters, emails, notes or reports relevant to your claims. You also may be asked for other things, like documents relevant to your employment history or search for a new job. Your lawyer will be asking the other side for similar things. Your lawyer can object to certain requests if they are overbroad, irrelevant, or ask for privileged information. It is important, however, to share all relevant documents with your attorney even if they will not all be produced to the other side.
Interrogatories. These are written questions that you must answer under oath. Your attorney will ask you for information then help you write the responses. Again, your attorney can object to certain questions or try to limit the answers if appropriate.
Requests for admissions. This is a document that sets forth specific facts and asks you to admit or deny them. Sometimes these are straightforward and involve facts that are not really in dispute. In this case, the requests for admissions save time in discovery by establishing baseline facts. Other times they are a more strategic effort to get you to admit facts that are harmful to your case. Your lawyer will review these carefully with you and object where appropriate.
Depositions. These usually happen after all of the written requests above are answered. A deposition is a form of testimony, but happens outside of court. As plaintiff, you will have to give deposition testimony. Your deposition is extremely important to your case, so you should plan to spend time with your lawyer preparing for it. The deposition itself usually happens at the office of the other side's attorney. You can expect to be in a conference room with their lawyer, your lawyer, and the court reporter. Sometimes someone from the other side attends the deposition, but this is not the norm. You should plan for the deposition to last all day, though sometimes they are shorter.
Requests for documents. The documents from both sides are key to resolving the claims. You should expect to provide any letters, emails, notes or reports relevant to your claims. You also may be asked for other things, like documents relevant to your employment history or search for a new job. Your lawyer will be asking the other side for similar things. Your lawyer can object to certain requests if they are overbroad, irrelevant, or ask for privileged information. It is important, however, to share all relevant documents with your attorney even if they will not all be produced to the other side.
Interrogatories. These are written questions that you must answer under oath. Your attorney will ask you for information then help you write the responses. Again, your attorney can object to certain questions or try to limit the answers if appropriate.
Requests for admissions. This is a document that sets forth specific facts and asks you to admit or deny them. Sometimes these are straightforward and involve facts that are not really in dispute. In this case, the requests for admissions save time in discovery by establishing baseline facts. Other times they are a more strategic effort to get you to admit facts that are harmful to your case. Your lawyer will review these carefully with you and object where appropriate.
Depositions. These usually happen after all of the written requests above are answered. A deposition is a form of testimony, but happens outside of court. As plaintiff, you will have to give deposition testimony. Your deposition is extremely important to your case, so you should plan to spend time with your lawyer preparing for it. The deposition itself usually happens at the office of the other side's attorney. You can expect to be in a conference room with their lawyer, your lawyer, and the court reporter. Sometimes someone from the other side attends the deposition, but this is not the norm. You should plan for the deposition to last all day, though sometimes they are shorter.
How much does litigation cost?
If you are paying your lawyer by the hour, this can vary widely. It is a good idea to check in with your lawyer on a regular basis for an estimate of what is coming up. You can also discuss with your lawyer a budget for the different pieces of discovery. There are some things the attorney simply has to do in order to meet his or her professional obligations, but they should be open to a conversation about how much time is spent.
If you have a contingent fee agreement with your lawyer, you will not be paying for the lawyer's time unless and until you recover compensation, either in a judgment or through a settlement. There are out of pocket expenses involved in a civil suit. There is a filing fee paid to the court ($200-400 depending on the court). If your case requires expert testimony (uncommon in the cases we handle), the expert will need to be paid.
The other main expense is for deposition transcripts. For your deposition and any others that are taken, the court reporter will charge for the transcript. This cost varies depending on the length of the deposition, but generally ranges from $300-$900 per deposition.
If you have a contingent fee agreement with your lawyer, you will not be paying for the lawyer's time unless and until you recover compensation, either in a judgment or through a settlement. There are out of pocket expenses involved in a civil suit. There is a filing fee paid to the court ($200-400 depending on the court). If your case requires expert testimony (uncommon in the cases we handle), the expert will need to be paid.
The other main expense is for deposition transcripts. For your deposition and any others that are taken, the court reporter will charge for the transcript. This cost varies depending on the length of the deposition, but generally ranges from $300-$900 per deposition.
How often should I hear from my lawyer?
Any time you have questions or concerns, you should be able to reach your lawyer or someone on their team. You also have a right to expect to hear from your lawyer any time there is a development in the case or a settlement offer.
You should understand that there are sometimes stretches of time in a civil lawsuit in which nothing is happening. For example, after you file an initial discrimination complaint in the MCAD or EEOC, it could be a month or longer before the other side files its response. Once you file papers in court, there is a 20 day period for the defendant to file an answer to the complaint. When motions are filed and opposed, neither side can control how long it takes for the court to take action on a motion.
You should understand that there are sometimes stretches of time in a civil lawsuit in which nothing is happening. For example, after you file an initial discrimination complaint in the MCAD or EEOC, it could be a month or longer before the other side files its response. Once you file papers in court, there is a 20 day period for the defendant to file an answer to the complaint. When motions are filed and opposed, neither side can control how long it takes for the court to take action on a motion.
How can I tell if a settlement offer is reasonable?
97.5% of civil cases settle before going to trial. There are a lot of reasons for this. One is that you or the other side may learn something in discovery that changes the strength of your claims. Another is that you see value in getting compensation without waiting two years for the process to play out. Finally, the results at a trial are highly unpredictable for all parties.Settlement means compromise. If you settle your case, you will be taking less than you want and the defendant will be paying more than they wanted to pay. Whether a settlement offer is reasonable is both a subjective and objective question.
Subjectively, you have to decide if it is something you are willing to consider. It may not get you what you want or feel is fair, but it may get you what you need to move on.
Objectively, your lawyer should be looking at the amount you may recover at trial and their best analysis of your chances of getting that result. For example, if your damages at trial would be $50,000 and your attorney believes you have a 50% chance of winning, they may tell you that a $25,000 settlement is reasonable. This will be particularly true if that offer comes early in the case before you have invested too much time and money.
Subjectively, you have to decide if it is something you are willing to consider. It may not get you what you want or feel is fair, but it may get you what you need to move on.
Objectively, your lawyer should be looking at the amount you may recover at trial and their best analysis of your chances of getting that result. For example, if your damages at trial would be $50,000 and your attorney believes you have a 50% chance of winning, they may tell you that a $25,000 settlement is reasonable. This will be particularly true if that offer comes early in the case before you have invested too much time and money.
How we can help
If you have questions about your civil case, we can help you assess the case and understand your options going forward. 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.
