Civil litigation can arise from disputes among individuals (and entities) when a disagreement occurs during the normal course of life. Even those with the best intentions may, at some point, need to speak with a lawyer about filing a lawsuit to protect their rights. Common disagreements involve disputes over land, personal property, inheritances, personal injury, employment matters and other contractual relations. These disputes often result from the lack of well written agreements such as wills, trusts, deeds and contracts between parties, but even with these documents in place, there can be misunderstandings and disagreements.

Civil litigation can be expensive. In addition to legal fees, there are court filing fees, sheriff’s fees and possibly fees for professional witnesses such as an engineers, economists or medical professionals. It’s possible for the expense to outweigh the potential gain.

Cases of this nature can take a full year just to get to trial, and may drag on for three to four years before a final resolution is reached. Litigation causes havoc on the schedules of those involved, which not only interferes with schedules, but can be stressful and emotionally draining. Cases involving familial disputes are particularly difficult and can be the cause of unrest that has potential to reach well beyond those involved.

A conscientious attorney will assist in weighing the cost versus the benefits of filing a civil litigation case and may encourage one or more of the following alternatives:

• Pre-litigation negotiations
• A creative compromise, at any stage
• Small claims court
• Mediation
• An economic decision to cut losses

If you do choose to go forward with a civil claim, it is imperative to do so as quickly as possible while memories and evidence are fresh. The statute of limitations varies; once it expires, claims may be barred from pursuit.

It’s upsetting if someone has wronged you, and sometimes a claim is worth pursuing even if not economically justified. Only you can decide if it’s worth the stress and expense of going to trial. In any event, be sure to discuss all aspects of your legal matter with sound counsel in order to fully understand all of your risks and options.

Attorneys Kathrine Lacey and Allison Ambrose are happy to discuss your dispute and assist you in choosing the best action to take in your particular situation.