The civil litigation process is complicated. It involves numerous rules and regulations that dictate the proper procedures to follow. Before beginning this process in California, it is crucial to have a clear understanding of what civil litigation entails, the various steps involved, and what actions need to be taken next.
What Exactly Is Civil Litigation?
Civil litigation is a legal term that applies to any dispute where two or more parties are looking for monetary damages or a specific performance. Civil litigation does not include criminal accusations. However, these cases can go to trial, where a judge or jury can determine the case’s outcome.
There are various types of disputes that can result in civil litigation, including:
- Medical malpractice
- Personal injury
- Product liability
- Personal property damage
- Workers’ compensation claims
- Family legal issues, including divorce
- Landlord and tenant disputes
- Intellectual property disputes
- Contract issues
However, if you believe you may have a civil case in California, consider contacting an experienced California civil litigation attorney as soon as possible to review your legal options and the remedies you can pursue.
The Parties Involved in Civil Litigation
In civil litigation, one party is typically referred to as the plaintiff. This party is seeking a financial remedy from another party, who is known as the defendant. These disputes can be resolved either through the court system or negotiations, and the parties involved often include individuals, businesses, and even governmental agencies.
The Standard of Proof in a Civil Dispute
In a civil dispute, for a party to prevail, they need to present evidence and arguments that are more convincing than the other side. This standard of proof is usually less strict than that of criminal litigation, where the prosecutor must present convincing evidence and prove their case beyond a responsible doubt to win.
The Time Limitations Involved
The statute of limitations is a law that sets the maximum amount of time after an event in which legal proceedings can be initiated. These deadlines depend on the jurisdiction and the type of claim being brought. For instance, according to California’s laws, individuals have:
- Two years to bring a case following a personal injury
- Four years from the date there was a breach of written contract
- Two years from the date there was a breach of an oral contract
- Three years from the date that property damage occurred
However, to better understand these timelines and how much time you have to bring legal action in a civil dispute, reach out to a California civil litigation attorney to learn more.
Contact Herrera Clifton Hess Today
At Herrera Clifton Hess, we place great emphasis on meeting the needs and interests of our clients in all aspects of our legal practice. We understand how challenging civil litigation matters can be and the potential impact they can have on your personal and professional life. That is why we strive to achieve the best possible outcome for our clients.
For further information about civil litigation in California and the legal options you have, contact Herrera Clifton Hess to speak with a member of our legal team.