Litigation claims encompass a wide range of legal disputes that can arise in various areas of law. These include:
Negligence:
Trespass to Chattels/Conversion:
Nuisance:
Fraud:
Contractual Disputes:
Property Disputes:
Employment Disputes:
Commercial Litigation:
Construction Litigation:
Estate and Probate Litigation:
In civil litigation, proof is on a “Balance of probabilities”. This means that a judge must be satisfied something probably happened. This is a lower standard than in criminal litigation, where facts must be proven “Beyond a reasonable doubt”
The process begins with a thorough consultation with the client. The lawyer gathers information about the client’s situation, goals, and concerns.
Settlement negotiations before litigation are often a critical phase in the legal process that aims to resolve disputes between parties without the need for a formal lawsuit or court trial.
Depending on whether you are the plaintiff (initiating the lawsuit) or defendant (responding to a lawsuit), your lawyer will draft and file the necessary legal documents called a pleading, such as a Notice of Civil Claim or a Petition. A pleading is a formal written document that sets out the claims, defences, and allegations of the parties involved in a lawsuit. Pleadings play a crucial role in the litigation process as they define the issues in dispute, establish the legal framework for the case, and provide notice to all parties about the nature of the claims and defences.
Document production in litigation is a critical phase of the discovery process where parties involved in a lawsuit are required to exchange relevant documents and information. This process aims to promote transparency, ensure fairness, and allow each party to build its case based on all the evidence.
Examinations for discovery, also known as depositions in some jurisdictions, are a crucial pre-trial procedure in civil litigation that allows the parties to a lawsuit to obtain information and evidence from the other party by questioning them under oath. The purpose of an examination for discovery is to allow the parties to gather evidence, clarify facts, and assess the strength and weaknesses of their case.
Preparing for a trial is a complex and multifaceted process that involves careful planning, legal research, document review, witness preparation, and strategy development.
Litigation timelines can range from several months to several years or more. Simple cases may be resolved in a matter of months, while complex, heavily contested cases can take several years to reach a final resolution. It’s essential for parties involved in litigation to consult with their legal counsel, who can provide a more accurate estimate of the likely duration based on the specific circumstances of their case and the relevant jurisdiction.
