When seeking legal action, you may think that every case needs to go to court. This misconception is commonly perpetuated, though. The truth is that Australia's judicial system allows its citizens a host of ways to pursue legal action when you have a conflict to settle with a different party. Nonetheless, since legal matters encompass a wide array of disputes, you may not be aware of which tools will be best for you and your case. Most of these conflicts can be handled via civil litigation. But if you do not understand what this means, you may not know how to go about and what to expect. This piece explores a few of the things that you need to know about civil litigation.
What is civil litigation?
When it comes to criminal cases, you will have to file a police report and have the case taken to court. Civil cases, on the other hand, are where a business or an individual will initiate a claim so that the party they are having a dispute with is compelled to take action. In typical cases, the claimant in civil suits is looking to receive monetary damages, which could be in relation to financial loss or physical harm. Additionally, civil litigation can also be employed when an individual or a business is looking to enforce a trademark, have someone to honour his or her contract and so on.
What types of cases can be pursued under civil litigation?
What may surprise you about civil litigation cases is that the most typical type is divorce. In addition to divorce, other typical situations that are handled in civil court include contractual disputes, personal injury cases and so on. If you underwent medical malpractice, you could also choose to pursue monetary claims via civil court. Lastly, civil litigation will also be apt when you are seeking compensation for property damage.
What outcome can you expect from civil litigation?
Civil litigation differs significantly from criminal prosecution in that the parties involved are given a chance to agree on their own. While it is in your purview to have a judge preside over your case and provide a verdict, you can also seek alternative tools to improve the chances of amicable resolution of your conflict. Some of the avenues that you can consider when pursuing a civil case include mediation, arbitration or even a pre-trial settlement that will occur out of court. These solutions have a better likelihood of preserving the personal or business relationship that you have had with the other party.