Are you in the middle of a legal dispute in Wisconsin? For many individuals, businesses, and other entities, lawsuits are a means to settle disputes and either obtain remedies or defend against allegations of wrongdoing. This process, known as civil litigation, is laden with rules, and failure to follow those rules can upend your case.
At DeLadurantey Law Office, LLC, our civil litigation team in Brookfield, Wisconsin will review your case and guide you through the process, timely meeting deadlines and strategically pursuing your case. Contact us at 414-377-0515 to schedule a free 15-minute consultation and learn more about how we can help you protect your rights and secure a favorable outcome.
Understanding Civil Litigation
Civil law is a broad spectrum of legal principles and regulations that govern private disputes between individuals or entities. Civil litigation, on the other hand, is the process individuals must undertake to seek legal remedies for their grievances. Legal remedies usually take the form of monetary damages or specific performance, though other remedies exist.
Monetary damages can include compensation for economic (e.g., bodily injury and property damage) and non-economic (e.g., pain and suffering) losses. Specific performance occurs when the court orders a party to perform a promise they made in a contract, and it is ordered typically in cases where monetary damages are inadequate to correct the harm.
To obtain a remedy to a private dispute, complaints are filed at the appropriate civil court. Civil cases can involve a trial where a judge and/or jury determine the outcome. Some cases may settle or be dismissed prior to or during trial. Other cases may be subject to arbitration rather than trial, which typically involves a private panel of arbitrators.
Common Types of Civil Litigation Cases in Wisconsin
The legal issues litigated in civil court are many. They involve anything from property damage, personal injuries, wrongful death, and contract disputes.
Antitrust Litigation. Antitrust law, also known as competition law, involves statutes and regulations that foster open and fair competition in the marketplace. Antitrust litigation occurs when a lawsuit is filed to put an end to practices that restrain trade and to compensate those who have been harmed.
Civil Rights Violations. A person's civil rights are violated when a party discriminates against a person based on their membership in a protected category, which includes race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability and genetic information (including family medical history).
Contract Disputes. Contract disputes arise when one party alleges a breach of contract, such as failure to perform, non-payment, or disagreement over contract terms. These cases often require interpretation of the contract and assessment of damages.
Employment Disputes. Employment-related civil cases include wrongful termination, discrimination claims, wage and hour disputes, sexual harassment claims, or breach of employment contracts.
Family Law Matters. Civil litigation in family law encompasses divorce, child custody disputes, child support, spousal support, adoption, and property division.
Intellectual Property Disputes. Intellectual property (IP) disputes arise when a person or entity infringes on the IP rights of another person or entity. Disputes typically include anything related to copyrights, patents, trademarks, and trade secrets.
Medical Malpractice. Medical malpractice occurs when a healthcare professional or medical facility neglects to provide appropriate treatment or care, fails to take necessary action given the circumstances, or provides substandard treatment or diagnosis that causes harm, injury, or death to a person. Examples include failure to diagnose, surgical errors, unnecessary surgery, prescriptions for the wrong medicine, and failure to consider appropriate patient history.
Property Disputes. Property disputes involve conflicts over real estate, such as boundary disputes, landlord-tenant disputes, title disputes, or disagreements related to property ownership, use, or damage.
Personal Injury Cases. Personal injury cases involve harm or injuries caused by the negligence or intentional actions of another party. Examples include car accidents, slip and fall incidents, wrongful death, and product liability cases.
Common Causes of Civil Litigation in Wisconsin
Civil litigation is the result of disputes between private parties. Five of the most common causes of civil litigation include:
- Breach of contract, failure to fulfill the obligations stated in a legally binding contract is a common cause of civil litigation
- Personal injury, accidents resulting in injuries due to negligence or intentional misconduct can lead to civil litigation seeking compensation for damages
- Property damage, disputes arising from damage to property, whether real estate or personal property, can trigger civil litigation seeking reimbursement or repairs
- Professional malpractice, negligence or misconduct by professionals, such as doctors, lawyers, accountants, or architects, can give rise to civil litigation seeking damages for the harm caused
- Business disputes, disputes between businesses, such as partnership disputes, shareholder disputes, or breaches of fiduciary duty, often require civil litigation to resolve the conflicts
The above are only the most common causes of civil litigation, but many others exist, like defamation, fraud, and assault and battery.
Possible Remedies in Wisconsin through Civil Litigation
The primary reason someone sues another person or entity over a dispute is the need for a remedy. Through civil litigation, a person can seek to obtain a number of remedies.
Compensatory Damages. The most common remedy, compensatory damages, aims to compensate the injured party for actual losses suffered, such as medical expenses, property damage, lost wages, or pain and suffering.
Injunctive Relief. In certain cases, the court may grant injunctive relief, which can include restraining orders, temporary or permanent injunctions, or specific performance, requiring a party to fulfill its contractual obligations.
Punitive Damages. In cases involving intentional misconduct or gross negligence, punitive damages may be awarded to punish the defendant and deter similar behavior.
Declaratory Relief. A court can provide declaratory relief by issuing a judgment or order clarifying the legal rights or obligations of the parties involved in a dispute.
Overview of the Civil Litigation Process
Though any civil litigation process will vary according to the jurisdiction and the specific legal issue, several stages are common among most civil litigation matters.
- Pre-litigation Phase. This phase involves initial investigation, gathering evidence, attempting negotiation or mediation, and drafting a demand letter or initiating settlement discussions.
- Filing the Complaint. The plaintiff files a formal written complaint outlining the facts, legal claims, and requested remedies with the appropriate court, initiating the lawsuit.
- Pleadings and Discovery. The parties exchange pleadings, including the complaint, answer, and any counterclaims. Discovery then occurs, where parties gather evidence through methods such as interrogatories, depositions, and document requests.
- Settlement Negotiation. Throughout the litigation process, parties may engage in settlement negotiations to resolve the dispute outside of court, potentially saving time and expenses.
- Trial and Judgment. If a settlement cannot be reached, the case proceeds to trial. Both parties present their evidence, witnesses, and legal arguments, and the court or jury decides the case, issuing a judgment.
These phases can overlap, especially with regard to settlements. The parties can settle at any time, even during the trial phase.
Alternatives to Civil Litigation in Wisconsin
Litigation is costly, and it may not always provide the best solution. Alternative dispute resolution can often be used to arrive at a settlement or outcome on which everyone can agree.
Negotiation and Settlement. Direct negotiations are typically the first step in any dispute – they can occur before or after a lawsuit is filed. Settlement discussions between the parties or their attorneys can help reach an agreement without involving the court.
Mediation. Mediation involves a neutral third party assisting the parties in reaching a mutually acceptable resolution. It encourages open communication and allows for more control over the outcome.
Arbitration. In arbitration, a neutral third party (arbitrator) listens to both sides and makes a binding decision. It is generally less formal and more efficient than litigation.
Benefits of Hiring a Civil Litigator in Wisconsin
When you have a dispute, you want to make sure you position yourself in the best possible way to secure your interests and rights. Doing it alone, known as pro se, is almost always not recommended because laws are extensive, tricky, and complex. It's not only a failure to know the law that poses a problem but also a failure to understand and follow the rules and procedures. A civil litigation attorney can explain the law and procedures to you as well as offer many more benefits.
- Legal Expertise – Civil litigators have specialized knowledge and experience in civil law and litigation procedures, ensuring proper representation and advocacy.
- Strategic Guidance – A civil litigator can assess the merits of a case, develop a legal strategy, and provide guidance throughout the litigation process, maximizing the chances of a favorable outcome.
- Evidence Gathering – Civil litigators possess the skills and resources to gather and present evidence effectively, strengthening the case's presentation.
- Negotiation Skills – A skilled civil litigator can negotiate with opposing parties or their attorneys to achieve a favorable settlement, protecting the client's interests and minimizing risks.
- Courtroom Representation – In the event the case goes to trial, a civil litigator provides courtroom representation, presenting arguments, examining witnesses, and advocating for the client's position.
The risks of pro se are many while the benefits of a civil litigator are also many – so long as you retain the right one for your case. At DeLadurantey Law Office, LLC, our civil litigation team is committed to providing the best legal representation for each of our clients.
Contact a Civil Litigation Attorney in Brookfield, Wisconsin Today
Civil litigation plays a crucial role in resolving disputes and seeking legal remedies in private matters. At DeLadurantey Law Office, LLC, our civil litigator in Wisconsin protects the rights and interests of individuals and businesses involved in civil disputes. Our team provides valuable legal representation and strategic guidance. Contact us today by filling out the online form or calling us at 414-377-0515 to schedule a free 15-minute consultation and to increase the chances of a favorable resolution in your civil case.