Newstricky| Each year, there are nearly 40 million lawsuits in the United States. In addition to lawsuits, there are also criminal offenses, making the American court system quite difficult to navigate.
What is litigation? Litigation is the process of taking a dispute to the court—whether it’s criminal or civil. Do you want to learn more about litigation to help you understand the courts?
There are also different types of litigation. Keep reading to learn some of the more common types.
Table of Contents
Civil Litigation
Civil litigation involves legal disputes between two or more parties seeking monetary settlements and not criminal sanctions. Trial lawyers and litigators handle this type of litigation. A civil attorney will help you with a wide variety of civil litigation that includes things such as:
- Medical malpractice
- Anti-trust
- Real estate disputes
- Landlord/tenant disputes
- Intellectual property
- Personal injury
- Product liability
- Construction disputes
- Divorce and family law disputes
After a person files a civil litigation case against an entity or another person, the jury or judge listens to the case and then applies the appropriate law to the presented facts. The plaintiff files the complaint to seek either monetary compensation, order as a result of an action by the defendant, or an injunction.
Class Action
A class-action case is when a class or people (or a whole group) file for compensation against an organization. Typically, this is for damage or injuries caused against them. These suits are complex and may end in huge compensation payouts.
An example of this case is a large group of consumers suing a company for faulty equipment or product, which resulted in injury. The largest civil action case in U.S. history was the case against big tobacco companies, which awarded compensation of $206 billion. Class action lawsuits provide a number of benefits to victims, such as allowing large groups of victims to come together and sue the same company. It provides a number of strengths for all those who have been harmed, especially large corporations or businesses with a wide reach. When a group of injured persons, in the same way, sues for compensation as a group, it is called a “class trial.” You may also hear a case called “Multi-District Legislation” or “Mass Tart Legislation”. Often, these lawsuits are filed against manufacturers of negligence that has harmed consumers.
Criminal Cases
The government prosecutes an individual for violating either state or federal laws or committing a crime. A prosecutor presents the case before the court. For larger federal crimes, the United States Attorney presents this case. United States criminal law, derived from English common law, has been adapted to American conditions in some respects. In most U.S. states, customary crime has been repealed by law. The consequence of such actions is that no one can be tried for any act that is not listed in the law of the state. But even in these states, the principles of customary law continue to have an impact, as criminal statutes are often only codifications of customary law, and their provisions are interpreted with reference to customary law.
Personal Injury
Another common form of litigation is personal injury litigation. These cases involve going to civil court to fix losses due to an accident. Most of the time, these cases involve injured parties seeking monetary compensation from the other party, whether the accident was intentional or not.
The most common forms of personal injury litigation include car accidents and accidents at the workplace. The financial compensation is typically the amount necessary to make the injured party “whole” again, which includes medical expenses, future expenses, lost wages, and other expenses. Cases of personal injury are legal conflicts that arise when one person is injured as a result of an accident or injury and another person may be legally liable for that injury. The liability insurance company will reimburse you for your medical bills, pain and suffering, and other regular medical expenses. If the case is about medical malpractice, your personal injury lawyer will work with insurance companies and hospital attorneys. The personal injury case can be formalized by a personal injury lawyer representing you in a civil court proceeding. This court session seeks to find others who are legally guilty by a court order or, as is much more common, these disputes can be resolved through an informal resolution before any lawsuit can be filed.
Types of Litigation Explained
The different types of litigation proceedings can be complex. If you are involved in a litigation case whether criminal or civil, it’s best to find an experienced lawyer that has professional knowledge of these proceedings.
Keep exploring our site for more information similar to this to help you with your business, lifestyle, education, and more. You can find other great legal articles in our Legal section.
