What to Expect as a Plaintiff in a Civil Suit
Navigating Life as a Plaintiff in a Civil Suit: What to ExpectFor many, being a plaintiff in a civil lawsuit is a new and unfamiliar experience, far removed from what we see in movies, TV shows, or books. Here, we provide answers to frequently asked questions that plaintiffs often have when entering the world of civil litigation.
Duration of a Civil LawsuitThe timeline of a civil lawsuit can vary based on several factors. If you agree to settle early in the case, the process can be shorter. However, if the lawsuit proceeds to trial, it can take up to two years from filing to a court judgment.
Anticipated DamagesThe damages you can expect to recover depend on the nature of your case. For wrongful termination or constructive discharge claims, the primary measure of damages is typically lost wages. The court considers your back wages from termination to judgment, subtracting any replacement income and unemployment benefits (mitigation of damages).
Wage and hour cases typically involve unpaid wages, which may be multiplied based on the nature of your claim. In sexual harassment cases, damages often include compensation for emotional distress, which is less quantifiable than lost wages. In most employment law cases, successful plaintiffs also recover their costs and attorney fees. |
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The Discovery Process
"Discovery" is the phase where both parties gather relevant case information. This process may seem extensive, but it serves a vital role in resolving disputes. Common forms of discovery include:
- Requests for documents: Providing relevant documents such as letters, emails, and reports.
- Interrogatories: Responding to written questions under oath with guidance from your attorney.
- Requests for admissions: Admitting or denying specific facts presented in a document.
- Depositions: Giving testimony outside of court, an essential part of the process.
Cost of Litigation
The cost of litigation can vary widely, depending on your fee arrangement with your attorney. Hourly fees vary, so it's wise to discuss budgets and expectations with your lawyer. Expenses may include court filing fees and deposition transcript costs, which can range from $300 to $900 per deposition.
If you have a contingent fee agreement, you won't pay attorney fees until you recover compensation through judgment or settlement. Usually, however, you will be responsible for out of pocket costs like filing fees and deposition transcripts.
If you have a contingent fee agreement, you won't pay attorney fees until you recover compensation through judgment or settlement. Usually, however, you will be responsible for out of pocket costs like filing fees and deposition transcripts.
Communication with Your Lawyer
You should always be able to reach your lawyer or their team when you have questions or concerns. You also have the right to expect updates on case developments or settlement offers.
It's important to understand that there may be periods of inactivity during a lawsuit, and court timelines may vary.
It's important to understand that there may be periods of inactivity during a lawsuit, and court timelines may vary.
Evaluating Settlement Offers
The vast majority of civil cases settle before going to trial, often due to evolving case dynamics and the unpredictability of trial outcomes. When evaluating a settlement offer, consider both subjective and objective factors. Subjectively, weigh the offer against what you're willing to accept. Objectively, trust your attorney's analysis of potential trial outcomes and the value of the offer based on your chances of success.
In the end, a settlement signifies compromise, where you may not get everything you want but could achieve what you need to move forward.
Navigating the complexities of a civil lawsuit can be challenging, but understanding what to expect can help you make informed decisions throughout the process.
In the end, a settlement signifies compromise, where you may not get everything you want but could achieve what you need to move forward.
Navigating the complexities of a civil lawsuit can be challenging, but understanding what to expect can help you make informed decisions throughout the process.
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.
