Civil Lawsuits – What They are and How they Work

Every lawsuit has a dispute at its core. When two parties are unable to resolve their differences, they approach arbitrators and lawyers to help them. Not all go to trial but many do. Statistics show that only a small percentage of civil suits go to trial. Why then would you need a Civil Proceedings Solicitor?

Let’s take a look at what happens behind the scenes.

The Negotiations

The first indication that a dispute may escalate to a legal action is when the parties begin to distance themselves from one another. When communication peters down, the aggrieved party sends what is called a demand letter to the other. This is a letter outlining the claim and demands of the sender. If you are the aggrieved party, you may send this letter directly to the opposing party. However, the letter will have more impact if drafted in legal terminology, and sent by an attorney, because it indicates clearly that you are serious about this issue and are prepared to move the courts if necessary. It also acts as a final invitation to settle the matter amicably, with the help of civil lawsuit solicitors. It’s called an out of court settlement.

Of course, if you are on the receiving end of such a letter and are determined not to give in, you should hire civil litigation solicitors immediately so that they can guide you from the get go.

Register a Complaint

In Ireland, any legal proceedings begin with filing what is called a claim notice, with the appropriate court depending upon your location, the amount of claim, and a few other things. Your civil lawsuit lawyer can help you do this. The court will notify the other party about the filing of the complaint and order them to submit a response.

Hearing

Having filed your case, the judge to whom it is assigned will review it. He will also review the response filed by the opposing party. Both parties are entitled to file requests – called motions – for specific action by the court. These motions are also reviewed by the assigned judge. He may, invite the parties for a motion hearing where these requests are discussed, before setting a date for the trial. If your claim is small, he may order negotiations before a small claim’s registrar.

What Happens at Trial?

Most civil suits in Ireland are presided over by a single judge. Certain cases such as defamation and slander require a jury hearing. Once in court, each of the two civil lawsuit solicitors representing the parties to the case, will describe the case to the judge and give him or her a brief idea about the evidence they are likely to present.

Your lawyer will call a series of witnesses in support of your claim and to prove that you are entitled to what you are demanding. After all the evidence has been introduced and the witnesses have been heard, both lawyers, will once again present their arguments. After hearing both sides, the judge will then make a decision.

Will you give evidence?

Under Ireland law, you, the claimant must unequivocally prove that you are entitled to what you are demanding. You must demonstrate that that there is no way to refute the claim that you make. You will therefore have to give evidence under oath. Both, your own advocate, and that of the defendant will ask you probing questions about your claim. You must answer these questions clearly and honestly.

Claim Assessment and Damages

If the judge feels that your claim is unwarranted, he may dismiss it altogether. Alternatively, based on the evidence presented the testimony of the witnesses, and the arguments made by your civil suit solicitor, he may reduce the amount of claim. It is worth noting here, that apart from the claim itself, it is possible to claim punitive damages for the trouble you have been put to. Often judges decree that the losing party pay the advocate of the winning party.

When will you Receive the Money?

There is no law governing the time period within which the compensation must be paid. In general, you can expect to receive the amount within six weeks to two months after the decision is pronounced. It may take longer if the amount is huge or the defendant lacks the ability to pay.

In civil suits, judges usually assign a timeframe for payment based on the evidence, witnesses, and their own observations of both parties. In case you do not receive payment within the stipulated time, you can once again file a civil suit for non-payment.

Appeal

The losing party has the right to appeal against the decree of the court to a higher court of law in Ireland. For instance, if the district court denies your claim, you can appeal to the High Court saying that you do not agree with the judgement of the lower court. If this happens, the entire process will be repeated.

The process outlined above is generally applicable to most cases. Depending upon the applicable law or act, it may vary slightly or even significantly in some cases. Hiring a civil proceedings solicitor or a legal firm like Walsh and Partners from the beginning is a distinct advantage since they will know your case intimately and will be better able to present it.

If you are looking for civil litigation solicitors reach out to Walsh and Partners here.