The American legal system has two types of cases criminal and civil. Criminal cases are generally crimes committed against the state and they are prosecuted by the state. Civil cases will typically involve disputes between individuals and they are prosecuted by a Civil Litigation Attorney through civil lawsuits, not criminal lawsuits.
Civil litigation can be defined as a legal proceeding between two or more parties that does not involve criminal accusations, charges, or penalties. Civil litigation is a civil legal case which involves the plaintive claiming damages.
Typically, civil action lawsuits will be conducted in areas such as divorce law, construction liability, medical malpractice, real estate disputes, personal injury, workers compensation or antitrust lawsuits.
Hen representing a client and preparing a case, a Civil Litigation Attorney will have a wide range of duties including, interviewing clients, drafting claims and motions and conducting depositions.
Different types of Civil Litigation
Product Liability
A very common type of civil litigation is product liability. Product liability refers to when either product manufacturers, distributors, suppliers or retail sellers are held liable for the injuries caused by the product.
Product Liability cases are increasing rapidly and in 2019 there were 56,041 cases filed and then in 2020 this number rose to 250,000. A single Product Liability case can be filed in multiple districts, take for example in the State of Massachusetts, a product liability case can be filed by a Civil Litigation Attorney in Worchester, Pittsfield or Nantucket at the same time.
Construction Liability
One very common form of civil litigation is Construction Liability. Construction liability refers to the responsibility or liability for injury that results from construction defects. This will involve on the plaintive side (either an individual or an entity) being represented, or on the defendants’ side (an architect, engineer, or contractor/subcontractor) being represented.
Medical Malpractice
Medical malpractice can be defined as a legal course of action based upon the alleged negligence or omission of a medical professional when treating a patient
Medical malpractice is a type of lawsuit where damages are claimed against a medical professional for alleged negligence or omission which has caused bodily harm.
Medical malpractice lawsuits in America are primarily civil cases where extensive discovery and negotiations are undertaken by a Civil Litigation Attorney and resolution is reached without going to jury trial.
Medical malpractice in America is based upon English common law, and attorneys will pursue damages on behalf of the plaintive or defend against the damages claims on behalf of the defendant.
Personal Injury
Personal injury cases are legal suits where the plaintive suffers physical or mental harm and accuses the defendant of being legally responsible for causing the harm. Most personal injury cases are in the form of a formal civil lawsuit and are pursued by a Civil Litigation Attorney, who acts on behalf of the plaintive or the defendant.
Damages such as payment of incurred medical bills, payment for the experienced pain and suffering and payment for ongoing medical expenses will be claimed.
Property Dispute
Another common form of civil legal action is Property Dispute. A property dispute will involve real estate and typically the disagreements will be over property lines, who bears responsibility for repairs, breach of duty or negligence, breach of contract (real estate sales agreements,) ownership, zoning and property damage.
Workers Compensation Claims.
Workers Comp claims represent an increasing percentage of civil cases pursued by a Civil Litigation Attorney in the U.S. For example, in 2019 the U.S. Bureau of Labor Statistics reported 2.8 million nonfatal workplace illnesses or injuries and American companies spent nearly $62 billion on lost time workplace injuries.
Workers’ compensation is a type of insurance that provides wage replacement and medical benefits to employees injured whilst performing the duties of their job. The employee in return for this compensation agrees to relinquish his or her right to sue based on the tort of negligence.
Typically, a Civil Litigation Attorney when pursuing workers compensation cases will claim for cover of costs such as medical bills, lost wages and disability benefits.
When a workers compensation claim is denied, or when parties cannot reach agreement, a civil lawsuit may be pursued in court.
Divorce
One very common form of civil lawsuit involving a Civil Litigation Attorney is divorce. A divorce is first filed with the court and the filing papers will ask that the marriage be dissolved.
The filing may also ask for spousal support, division of property and debt, dissipation of assets, custody, visitation, child support and payment of attorney’s fees.
Intellectual Property
Intellectual Property disputes are disputes concerning the Intellectual Property rights of an individual, a group of individuals, or a company. Intellectual Property are civil cases and a Civil Litigation Attorney will argue cases in areas such as patents, trademarks, trade secrets, domain names, and copyright.
Anti-Trust Litigation
Antitrust cases are a type of class-action civil lawsuit for claims of anticompetitive or unfair business practices. A Civil Litigation Attorney will also specialize in Antitrust cases that involve price fixing, market allocation, monopolization, price discrimination, exchanges of information, and dealer terminations.
