INDEED, IF PEOPLE KNOW THE PROCESS AND THE COST OF A LAWSUIT, WILL THEY START ONE?
A “Civil litigation” is the process of resolving a dispute by means of a legal resolution and by the procedures set forth in the law. Civil lawsuits are expensive, and the process itself takes several years, so most often they end in a settlement without going to trial. The plaintiff and defendant initially choose a way to compensate for the damage through a trial to prove their chagrin, but they can’t afford the attorneys ‘ fees charged monthly for several years, and eventually they can’t get their claims to a conclusion and come to an agreement. Most lawsuits take about two to four years to reach trial and cost $50,000 to $500,000 in attorney fees. Only about 5% of lawsuits proceed to trial.
CIVIL LITIGATION COSTS
A “criminal trial” is a trial in which a government agency reveals the fault of a person who has broken the criminal law and receives a reasonable punishment. In most cases, a “civil trial” asks for monetary compensation for disputes.
The methods and procedures of civil litigation vary from state to state, and there are differences in the courts of each state and in the federal courts. In addition, it varies from county to county, even within the same state. If these procedures are not properly followed in the process of litigation, the case itself will not go to trial and will be dismissed.
In civil litigation, there are two types of attorney’s fees. The first is a method of paying a “contingency fee‘,” and the second is a method of paying a common “hourly wage.”
In the case of the “contingency fee,” a certain portion of the amount of compensation will be paid to the attorney’s fee when the lawyer wins or agrees. For example, incidents such as vehicle accidents, non-payment of wages, construction work site accidents/injuries, debt collection, etc. belong here.
The “hourly wage” is a method of calculating and paying the amount per hour specified by the lawyer each month, with an average of $500 to $700 per hour for a litigation lawyer. For example, if an attorney only works for a week, the cost of an attorney based on 8 hours of work per day and 5 days per week can range from $20,000 to $30,000. In general, attorneys involved in business disputes, family disputes, real estate disputes, immigration-related cases, criminal cases, etc. are not paid in the form of a reward.
The beginning of a civil lawsuit begins with the plaintiff writing the lawsuit. It includes the contents of the plaintiff, the defendant, the reasons for initiating the lawsuit, the contents of the dispute, and the claim for compensation.
The plaintiff may sue all parties involved in the dispute. After the plaintiff has filed the suit, he or she pays the application fee to the court, and the case number will be registered at the same time as the court will issue the case. The court will then notify the defendant that the lawsuit has been filed. The method of delivering the lawsuit to the defendant must also be in a way set forth by law, and it can usually be delivered to the defendant, his family, or anyone living in the same house, but in the case of a divorce case, it must be delivered directly to the defendant. The defendant who receives the lawsuit may write down his or her opinion and answer it, or he or she may defend himself or herself without a lawyer. However, if you do not answer within the specified date after receiving the lawsuit, you will automatically lose the lawsuit and must accept the damage compensation required by the plaintiff.
You can include several disputes in one lawsuit. In addition, if a new party emerges during the course of the lawsuit, he or she can be made a defendant, and the lawsuit can proceed in the same case. On the other hand, not only the plaintiff but also the defendant can file counterclaims against the plaintiff.
This can be done by paying a lawyer’s retainer fee. The attorney retainer fee usually starts at $3,000 to $5,000. However, the fees for this next process vary greatly.
When the lawsuit begins, the next step is a pre-trial. This process includes the discovery phase, which prepares the testimony of the parties and the evidence to support it. The discovery process also includes a “deposition process,” where you hear statements from people involved in the lawsuit. All testimony procedures are sworn, so if you tell a falsehood, you will be punished for court perjury. Through the discovery process, the plaintiff and defendant can learn what evidence the other party has and verify that the evidence can be legally used in the trial process. Experts’ opinions and scientific data’ may also be presented. Because only the materials adopted in this discovery process can be used as evidence in the trial, you can guess who can get a favorable verdict at the end of the discovery process. An important point in this process is to exclude the material by objecting to the judge so that the material in the other party’s favor is not used as evidence. Usually, it is difficult to handle the time-consuming costs of making a discovery, and in many cases, the litigants reach a settlement. However, if an agreement is not reached, the trial will be conducted with the materials from the discovery.
In order to prove their claims, the litigants must present all their evidence, which includes more witness testimonies, the results of scientific experiments, and verified reports from experts. It is usually important for a lawyer to note how logical and persuasive the evidence is, but it should be remembered that the cost of the process is determined by the time the lawyer is used. Usually, litigants will see the attorney fees charged every month in the preparation process and give up more than they planned.
THE PROCESS OF PROVING CREDIBILITY IS KNOWN AS A TRIAL
A trial is the process of persuading a judge or jury to argue in their favor with the evidence they have to determine the solution to a litigation dispute. A trial that is decided by the judge alone is called a bench trial, and a trial in which a small number of ordinary citizens listen to the contents and make the decision is called a jury trial. The judge or jury will listen to the circumstances and explanations supported by the evidence submitted through the discovery process. Then they agree to the resolution proposed by the more credible side of the plaintiff or defendant.
The criteria for persuading and proving the claims of the litigants in a trial with evidence to the judge or jury are different in civil and criminal cases. In the case of a civil trial, it is more difficult to say innocence than in a criminal case because it is necessary to prove that it is the truth rather than the authentic truth, whereas in a criminal trial, the prosecutor must prove that it is the truth without any doubt.
In the trial, the parties must testify under oath. There is a procedure in which your lawyers question you and testify, but the opposing party’s lawyers also question you in response to your answer. It makes you feel heightened. A person who has no experience in litigation may be negatively affected by the ruling due to his or her inability to control emotions during the process. All litigation processes involve proving or denying the credibility of the plaintiff or defendant in front of the judge and jury. In addition to the reasons for the dispute listed in the lawsuit, the record of the plaintiff’s or defendant’s reliability plays an important role in the decision of the trial.
HOW TO RESOLVE DISPUTES
When a disagreement arises, the best way to resolve it is to reach an agreement with both parties. Civil litigation is easy to start with, as a lawyer’s fee is only a few thousand dollars at first. However, in ordinary civil cases, going to trial can take years, and attorneys’ fees can run into the hundreds of thousands of dollars if they collect evidence and testimony, prepare rebuttal materials, and submit them in accordance with the law’s form. Most lawyers don’t tell you how much the overall cost is at the beginning of the lawsuit, so people who are first in the lawsuit don’t know this. In addition, it should be remembered that the lawsuit will vary depending on the situation. If agreement is not reached and the case eventually reaches trial to ensure that their thoughts are correct, the economic burden will be on the plaintiff and defendant, not the lawyer. The lawsuit is like dealing with a money-eating hippo