An experienced civil litigation attorney
can help you with all aspects of filing a civil lawsuit. Individuals who are thinking of representing themselves in court may have to navigate complicated laws and convoluted legal language. Filing a lawsuit on your own can come with a variety of other legal and financial challenges.
If you or a loved one are thinking of filing a civil lawsuit, contact Battaglia, Ross, Dicus & McQuaid, P.A. We can determine whether you have a case and help you understand all of your legal options. Call us today to schedule a free consultation: 727-381-2300.
1. An Attorney Can Protect Victims’ Legal Rights and Help Navigate Laws
A dedicated civil litigation attorney
can protect your legal rights, help you understand the legal context of your case, and explain how to apply the relevant laws to your advantage. Legal language can be challenging and intimidating. A civil litigation attorney will ensure that you understand all procedures and paperwork, and help you understand all of your legal options to help you make informed decisions regarding your case.
Moreover, a civil litigation attorney can guide you through the entire process of filing a suit, such as drafting and filing the appropriate paperwork and ensuring all deadlines are met, along with attending all hearings and depositions.
2. Plaintiffs Can Be at a Disadvantage Without Legal Representation
While three out of five plaintiffs choose self-representation in civil litigation
cases, the American Bar Association
(ABA) reports that this puts those individuals at a distinct disadvantage. Many people typically underestimate how much time and effort they have to spend on preparing their case. This includes gathering the necessary evidence and getting acquainted with the technical aspects of filing a lawsuit. There will also be a great deal of paperwork to complete and file. Making mistakes with the pleadings or failing to file a document at the appropriate time can result in having a case dismissed and losing the right to petition the court for justice.
Plaintiffs also need to ensure that they obtain the necessary evidence to prove their case, which can be a considerable amount of material and may include the testimony of expert witnesses. The burden of proof in civil litigation lies on the plaintiff, the person bringing the suit.
Those wishing to file a civil lawsuit will most likely be up against an attorney on the other side, who typically has experience in handling lawsuits. It can be extremely challenging to win a case without having the help, protection, and support of professional legal representation.
3. A Civil Litigation Attorney Can Gather Evidence for Proving a Case
In order to prove a case, a plaintiff will need to provide compelling and comprehensive evidence. Without a civil litigation attorney, knowing where to find the crucial evidence for your claim can feel overwhelming. An experienced civil litigation attorney knows where to find appropriate evidence, can typically draw on a range of expert witnesses to strengthen your case, and knows how to liaise with medical providers or other experts to strengthen your case.
4. Your Attorney Knows What Your Case is Worth
If you do not know the value of your case, it will be next to impossible to recover adequate compensation or negotiate a fair settlement. Plaintiffs may not know how to go about calculating their past, present, and future damages accurately.
Moreover, when it comes to so-called “non-economic damages”, it can be exceedingly difficult for a layperson to put an exact figure on their suffering and non-economic losses. A seasoned attorney knows how to calculate both economic and non-economic damages to ensure that their client receives the compensation they deserve under the law.
5. An Attorney Can Negotiate with Insurance Companies and Defendants
In some cases, individuals are keen to file a lawsuit before having exhausted other possible options, for example, an out-of-court agreement with the at-fault party in their suit. A seasoned civil litigation attorney knows how to negotiate effectively with insurance companies
and other parties, and can fight for a fair settlement on a plaintiff’s behalf.
When a defendant learns that a plaintiff is unrepresented by legal counsel, they may be less willing to settle or try to draw out negotiations indefinitely. However, an experienced lawyer knows when it is time to fight for your rights in a court of law and can represent you aggressively at trial.
6. Your Attorney May Take on the Financial Risk of Litigation
While not all civil litigation attorneys work under a contingency agreement, some attorneys may work with a client and wait to receive payment until their client receives compensation. According to the ABA
, with a contingency fee agreement, the client only pays the attorney if and when they win their case. The attorney typically charges a fixed percentage of the final settlement as a fee for their services. If you lose your case and do not receive a settlement, you do not have to pay a dime in attorney’s fees.
However, it is important to note that contingency agreements are predominantly used in personal injury cases. A plaintiff requiring the help of an attorney for other types of civil litigation cases generally have to pay upfront attorney’s fees. First consultations at Battaglia, Ross, Dicus & McQuaid, P.A. are always free. Call us today to find out how we can help you.
7. A Civil Litigation Attorney Offers Peace of Mind During a Challenging Time
Having to file or defend a lawsuit
can be an extremely stressful and challenging period in anyone’s life. Moreover, the entire legal process can feel daunting, complicated, and overwhelming. Having a dedicated and experienced civil litigation attorney
by your side, fighting for your interests, can take a weight off your shoulders.
Our legal team at Battaglia, Ross, Dicus & McQuaid, P.A. is committed to helping our clients recover the damages, or the resolution that they need and deserve, to go on with their lives.
Contact Our Experienced Civil Litigation Attorneys for Help and Advice Today
You do not have to struggle through a complicated and challenging lawsuit on your own. Consider getting legal advice before filing a civil lawsuit. Call Battaglia, Ross, Dicus & McQuaid, PA today and take advantage of a free, no-obligation consultation
to discuss your case: 727-381-2300.