A Cornerstone attorney and staff in a civil litigation meeting.

Civil Litigation Attorneys in Berks County

Civil litigation is a form of dispute resolution between two private parties. It refers to any litigation that does not involve criminal charges. This can cover a wide range of legal disputes including contract disputes, personal injury claims, employment disputes, property disputes, estate disputes, and so much more. Both individuals and businesses can file a civil suit, and both can be sued in a civil suit as well. If you are facing a civil dispute and you need representation, contact Cornerstone Law Firm.

Terms to Know

Brief—A brief is a written statement that details the facts and arguments of one side of a case. Briefs are submitted during a trial and attempt to persuade the court to take that side.

Complaint—A complaint explains the claims that the plaintiff is bringing against the defendant.

Damages—Damages refer to the compensation being sought for the loss or injury. This can include money or another type of reward.

Defendant—The defendant is the party having a lawsuit filed against them.

Deposition—A deposition is when a plaintiff, a defendant, or a witness answers questions under oath. Depositions can be recorded in writing or on video. They are typically conducted before trial begins.

Litigant—Litigant refers to any party appearing before a court during a lawsuit. Both plaintiffs and defendants are litigants.

Litigator—Litigators are the attorneys representing the litigants in the lawsuit.

Petition—A petition is a legal document requesting a court order.

Plaintiff—The plaintiff is the party filing a lawsuit.

Tort—A tort is a wrong that results in another person’s loss or harm. Torts often lead to civil lawsuits.

Common Types of Civil Litigation

Because civil law is such a broad field, there are many types of cases that can fall under that heading. Some include:

Personal Injury Cases
- Car accidents
- Slip and falls
- Premises liability
Employment Law Cases
- Wrongful termination
- Employment discrimination
- Breach of contract
Real Estate Law Cases
- Mortgage foreclosures
- Landlord/tenant disputes
- Property damage

Business Law Cases
- Shareholder disputes
- Breach of fiduciary duty
- Antitrust violations
Civil Rights Cases
- Police misconduct
- Civil rights violations

Family Law Cases
- Child custody
- Adoption
- Paternity disputes
Estate Law Cases
- Probate disputes
- Estate planning mistakes

Steps of Civil Litigation

While every case is different, there are some general steps that civil litigation cases follow. When you are in a dispute and considering filing a lawsuit, the first thing you should do is consult with an attorney. An attorney can help you review the facts of your case and determine what course of action is best. While filing a lawsuit can be an effective way to reach a resolution, sometimes other means are better, like mediation or settlement.

If you and your lawyer have decided to move forward with the litigation process, you will need to enter a plea. Plaintiffs enter complaints, where they explain the wrong(s) committed against them and the compensation they are seeking. Defendants will then answer the complaint, either by responding to the accusation or asking for more details. After pleadings have been entered, the pre-trial phase can begin.

During the pre-trial phase, your attorney can negotiate with the other side’s attorney. You may be able to reach an agreement at this point and enter into settlement with the other party. You may also be able to file motions with the court. This may include a motion to dismiss the case, a motion for summary judgment, or a motion to exclude certain evidence. If your case continues on to trial, you’ll start to gather evidence and interview witnesses with your attorney.

Trials include jury selection, opening statements, presenting evidence, conducting cross-examination, and waiting for a verdict from either a jury or judge. The trial itself is likely to last for three or four days, though this may vary depending on the details of your case. Most civil litigation is resolved outside of court, during negotiations. Some parties reach settlement during trial, but before a verdict has been given.

Depending on the outcome you are seeking, sometimes proceeding with a full trial is best and other times negotiating a settlement is best. You will need an attorney’s help to determine how to move forward. The experienced civil litigation attorneys at Cornerstone Law Firm can help you proceed with your case and can negotiate on your behalf. If you’re in a dispute and you need representation, don’t hesitate to call us.

Resolution Options

As stated above, trial is not the only way to reach a resolution. In some cases, trials can drag on for months or even years. They can be emotionally taxing and put a strain on the relationship you have with the other party. It may be better for you to consider alternatives to trial. Some of those alternatives include mediation and arbitration.

Mediation

Mediation involves hiring a neutral third party to listen to the facts of the case and help the parties reach a settlement. Settlement may involve compromises from both parties, and it may not. Mediation may lead to a lower total sum of damages, but it can also result in a quicker outcome than a traditional lawsuit and trial would. Most people find mediation to be a less stressful route to a resolution. Take time to consider if mediation sounds like a better option for your case before pursuing court proceedings.

Arbitration

Arbitration is another alternative form of dispute resolution. Similar to mediation, a neutral third party is brought in as the arbitrator. Both sides will make their cases before the arbitrator, who will act similarly to a judge. Following a specific set of arbitration rules, the arbitrator will issue an award at the end of the arbitration process. Mediation is more collaborative and is generally not considered to be legally binding. Arbitration differs in that it is less collaborative and is considered legally binding. There are very few cases in which a decision made by arbitration can be appealed. Arbitration can, however, be a better option than going to trial because it can be more cost-effective and more efficient. Both mediation and arbitration are also more private than going to trial.

If you need representation for a legal dispute, Cornerstone Law Firm can help. Our attorneys have experience with the entire litigation process, from entering pleadings and collecting evidence all the way through presenting at trial, conducting arbitration, or negotiating in mediation. Contact us to set up a consultation and discuss your case.

Call us today! 610-926-7875

Civil Litigation Attorneys in Berks County

Terms to Know

Common Types of Civil Litigation

Steps of Civil Litigation

Resolution Options

Mediation

Arbitration

Additional Resources

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