Civil Complaints Explained
A civil Complaint is the legal document that a Plaintiff files to commence a lawsuit. Prior to the filing of a civil Complaint, the Plaintiff identifies the Defendant(s) and determines which Court has jurisdiction to hear the case. As a general rule, the Plaintiff would file a civil Complaint in his or her "local" Court. If the Defendant does not reside, carry on business or have a presence in the local venue , the Plaintiff would file the civil Complaint in the County in which the claim arose, or if the claim concerns real property, the County where the property is located. A Plaintiff who files a civil Complaint in the wrong Court could have his case dismissed and would need to re-file the case in the correct Court.
Subsequent to the filing of a civil Complaint, the Defendant is served with a copy of the Complaint and Plaintiff’s Summons.
The Importance of Nationwide Legal Services
Nationwide Legal Services provide invaluable support for clients seeking to navigate a civil complaint. By taking advantage of their in-depth knowledge and experience, clients are more educated about their rights while also being able to better assess additional information, including if a settlement is fair.
Civil complaints can be filed by almost any person or organization. The only limitation is that a civil complaint can’t be filed during a criminal trial. For a civil complaint to be valid, a person must have suffered from unfair treatment, which has resulted in damages. This means an individual, organization, or business has been treated in a way that is wrongful or unethical, which resulted in economic or physical damages.
Civil complaints generally occur in court, but some are settled in negotiations. In some cases, a civil complaint may make it to trial. Cases that do go to trial will be decided by either a jury or a judge, who will weigh in on the level of compensation that’s appropriate for the offense that occurred.
Individuals or parties filing a civil complaint are often hoping to have a fair settlement to the damages they’ve incurred. A civil complaint can be anything from compensation for the next of kin after wrongful death through the wrongful termination of employment.
Nationwide Legal Services will handle all the tasks surrounding a civil complaint. This will start with reviewing and analyzing the facts of a case, then developing the strategy. An attorney will let the client know what the options are, as well as the costs involved throughout the case. Once a course of action is established, the attorney will prepare all necessary documentation, then file the civil complaint.
After filing, the attorney for the client will work to prepare for pre-trial; this involves continued research and work on the investigation of related aspects surrounding the complaint. Meanwhile, the Nationwide Legal Services attorney will also draft up motions and prepare to "argue" out of court after a full investigation of both sides. All technical and necessary details of the case will also be taken care of by the attorney chosen from the nationwide services.
How to File a Civil Complaint
Filing a Civil Complaint is the formal process by which you bring your case against the other party. The complaint is your opportunity to demonstrate to the Judge why he or she should screen your claim. Your complaint must be served on the other party within a certain period of time after filing. After being served, the other party has a certain period of time to respond. Each party is required to answer any requests for documents (e.g. production) within a specified time period.
In general, there are two types of complaints: simple complaints and complex complaints. A simple complaint is one that is less than $50,000.00. A complex complaint is one in which a party is asking for more than $50,000.00. You will know which you need before you file your claim because the filing fee for a small claim is $25.00, while the fee for a complex complaint is $75.00.
The only way to dismiss a complaint once it has been filed is if the other party agrees. Unless you can come to some sort of agreement with the other party after filing, you will have to see your case through. But this doesn’t mean you should give up hope. There are many things which can happen during the course of a trial which may lead a party to decide to settle.
Common Civil Complaints
Civil complaints take a variety of forms. It’s important to understand the different types as well as how nationwide legal services can help.
Personal Injury
Any time there are physical, mental or emotional damages caused by another person, it’s considered a personal injury. This could involve an injury from a car accident, falling object or fall. It can also include those hurt on another’s property, food poisoning and defective products. If there is an injury from a dose of prescription medication, the injured party could file a medical malpractice case. Fortunately, a nationwide legal services firm can help you navigate the laws.
Breach of Contract
When a valid and agreed upon contract is broken, it can be appropriate to file suit. It’s considered breach of contract when one party does not fulfill their obligations. This doesn’t mean that monetary compensation is always available. Sometimes, it’s possible to enforce the contract and get the parties back in the position that they would have been in had the contract been honored.
Negligence
As it relates to civil lawsuits, negligence occurs when a person or entity does not do something a reasonable person would do or does something that a reasonable person would not do. The result is usually harmful. Someone was hurt either emotionally, physically or financially. A common example of this is negligence in the medical industry leading to patient illness.
Property Disputes
If you own property, you may encounter property disputes. These can involve disputes between neighbors or business. It can also occur when fraud is involved such as in matters involving foreclosure. Maybe someone is claiming damages done to the real estate itself.
The Bottom Line
Any of these civil complaint types as well as others can be aggressive with no regard for the injured, sick or cheated parties. Nationwide legal services provide support in navigating these situations.
Selecting the Appropriate Legal Service Provider
When embarking on a civil lawsuit, it is vital to select the right nationwide legal service provider. To do so, you will want to consider some factors that will help you evaluate whether they possess the expertise, experience, and quality of service that is essential for a successful outcome.
The first factor is expertise in civil complaints. You will want to chose a provider that works solely in this area of the law. It is not unusual for law firms to work in many different practice areas, and it is easy for them to focus on one or two at a time, while sacrificing the others. Nationwide legal services that specialize in civil complaints devote their full attention and resources to this area of the law, which gives you the advantage of responsive and timely service.
The second factor is experience. You should request details about the level of expertise of the attorney who will be working on your case. Ask about the caseload of the attorney, and whether there are additional attorneys or legal assistants working on the cases handled by your civil complaint attorney. Her experience will be crucial to making the right decisions at every juncture of the process.
In addition to having expertise in the relevant area of the law , a nationwide legal service provider should have a proven successful history of obtaining results. Assess the nationwide legal service provider’s reputation by soliciting reviews from other clients who have used their services. Ask for references and follow-up with them to ensure that the nationwide legal service provider has met their expectations.
The next factor in selecting a nationwide legal service provider is the service they offer. Civil litigation can be expensive and stressful, and having your attorney take the lead in managing all of the process can help alleviate these added burdens on your resources. Select a nationwide legal service provider whose attorneys will work closely with you and manage the entire process to save you the time and effort needed to stay on top of everything.
Finally, you will want to select a nationwide legal service provider with competitive rates. Legal fees can add up quickly, increasing the amount of time that it takes to recover your injuries. It is important that you find an attorney with reasonable fees that will allow you to pursue your case without incurring more debt than necessary.
Every attorney has his or her own philosophy and approach to practicing law. What works for one may not be right for another. Therefore, it is crucial to meet with attorneys and ask the right questions before deciding on a nationwide legal service provider.
Getting Ready for Your Legal Case
When you are collaborating with the nationwide legal services team on a civil complaint, there are some key things that can help you prepare for your journey. The first thing to do is to gather evidence and to document everything. You want to be able to give your lawyers all the information they need to make the best case for your civil complaint. You also want to make sure that you can give concrete evidence, so if you simply spoke to someone on the phone, it could be difficult to prove later on that you had actually spoken to them. To avoid any problems like this, consider saving evidence in the following ways: You do not have to be a legal expert to understand some legal terms that will be used throughout your process. You should know some of the more basic legal jargon, so you can understand what your lawyers are saying and what they are asking of you. Some important terms to know are: While your lawyers are hard at work helping you with your civil complaint, there is still some work to be done on your end. You don’t want to be caught off guard by your attorney by providing some important piece of information after they already filed the complaint. That is why it is so important to keep the lines of communication open. If anything changes, you should let your lawyer know. If you have contacted any other people, be sure to tell your attorneys right away and don’t change your story to make it fit. It is always best to be upfront with your lawyers rather than having them find out some new bit of information for themselves.
Case Study: How a Civil Complaint Was Successfully Resolved
A midsize vendor along with over 100 employees was hit with a civil complaint alleging that they were in violation of multiple federal and state wage and hour laws by their failure to correctly pay overtime rates to employees. The complaint alleged unpaid hours, lost wages, and damage amounts in the hundreds of thousands. Facing significant liability, as well as public relations issues, the vendor turned to nationwide legal services experienced in defending cases such as theirs.
After being secured and the retainers received, the attorney and associated singled out documentation absolutely key in how the case was handled. First, they got wage statements and payment records from the client to refute key allegations and establish facts . Second, they requested an immediate stay of discovery in order to work directly with the Department of Labor to explain the claims made by opposing, which was utilized in reducing the chances that an employee-deposing employee strategy would not be successful.
The consequence of these measures was that after several months of negotiations with the Department of Labor, the government agency provided a favorable settlement letter, which explained that it had considered all facts and evidence available, and that it was their conclusion that there were no members of the class who were owed overtime wages. The DOL then requested that the case be dismissed with prejudice.
Now imagine this was your company. What would be the business impact on your company of being hit with a lawsuit of this magnitude? How would your brand image and market share be impacted by a case against you, your vendors, your customers, your employees and their families?