In this article, you can learn about:
- What brings people to litigate civil matters.
- How to recoup damages you have been awarded in a civil lawsuit.
- Reaching an agreement to settle civil disputes, before or during litigation.
An Overview Of Civil Litigation: What Does Civil Litigation Mean In Maryland?
Civil litigation is a wide net that covers various legal matters. Civil litigation includes any non-criminal matters, from contract disputes between individuals and companies to personal injury and medical malpractice.
While there are many situations that can lead to a civil dispute and ultimately litigation, the grand thread that many of these situations have in common is a breached agreement or contract. People enter into agreements in almost every sector of society. From agreements between buyers and sellers to doctors and their patients, “contracts” are all around us. Depending on the nature of the agreement, particularly written agreements, each party has rights and obligations which may be enforced. When one party breaches an agreement by failing to uphold “their end of a deal,” the other party can go to Court to seek relief – which is civil litigation.
If I Win A Civil Case, Am I Guaranteed To Receive Damages From The Court?
It’s important to understand that obtaining a judgment and collecting on that judgment are two completely different processes.
If you win your case at trial and are awarded damages, the Court will enter a judgment which gives you the legal entitlement to recoup the monetary amount of the awarded damages. However, the judgment itself does not represent payment, only a legal entitlement to payment from the party against whom the judgment was entered. The question then becomes a matter of whether or not the person or entity against whom the judgment was entered is willing and able to pay the judgment. If the obligor (the person that owes you money) cannot or will not make the proper payments, you will have to pursue collection activity against them.
Could My Civil Case Be Settled At Any Point, Even If We Are Already In Litigation?
Civil cases can be settled at any point (before or during) litigation. In fact, the majority of civil matters do end in settlement. In other words, just because the parties couldn’t settle a matter before starting litigation, it doesn’t mean they can’t settle their differences while litigation is ongoing.
Settlements can be reached the week after the case is filed or the morning before a trial begins. However, it’s not uncommon at all for a settlement to be reached just before trial starts – as that is when both parties are most likely to feel the greatest amount of pressure. Of course, if an agreement cannot be reached, you must be prepared to go to trial and present your case. In this situation, it is extremely important that you have an experienced attorney to represent you at trial and put your case in the best light for the Court.
For more information on Litigation Of Civil Cases In Maryland, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (410) 650-4242 today.