Shin Law Office Civil Litigaiton Experts Answer Frequently Asked Questions
Civil Litigation can be a long, drawn out process and it is important to understand all the variables that play into your specific case.
At the Civil Litigation Attorneys at Shin Law Office work diligently to ensure you understand each part of the process and are comfortable with the course of action we are moving towards.
We believe the civil litigation process requires strategy and constant communication — and we are dedicated to both.
Below, the Civil Litigation Attorneys at Shin Law Office answer some of the most frequently asked questions about civil litigation.
If you have additional questions, feel free to give us a call to set up a no-cost consultation.
Q: If I am thinking of filing a claim, what are my first steps?
There are many things you need to take into consideration before filing a claim. It’s almost impossible to explain the issues you may run into, so it’s imperative to make sure you consult with an attorney to understand your rights.
Q: How much time after an event do I have to file a civil dispute?
Every type of civil action in Virginia has a “statute of limitations” which dictates when a cause of action must be started. If you are unsure of which statute of limitation applies to your case, feel free to call and discuss it with any of our attorneys.
Q: What is the process to file a civil dispute?
Different civil disputes are started in different ways. It’s hard to generalize what forms must be used and what the processes are like. If you are unsure of how to start your claim, feel free to contact us and we can help you get started.
Q: How long does a civil case usually take?
This primarily depends on how much time is available on the Court’s docket. Unfortunately, the parties often cannot dictate the pace of the case, that’s usually done at the discretion of the court.
Q: What is the burden of proof in a civil case? Is it the same or different than that of a criminal case?
The burden of proof is different from case to case and is drastically different from criminal matters. Criminal matters are held at a much higher standard of proof than civil matters, and therefore require proof beyond a reasonable doubt. Within civil lawsuits, the standard of proof varies from a “preponderance of the evidence” to “clear and convincing evidence”.
Q: How can I make the person I am suing provide me the information I need to validate my claim?
This is usually done through a discovery process using a subpoena.
Q: I’m just one person. Can my civil suit really make a difference?
Of course it can! Every case can set a precedent for cases that may come down the line. If you believe you have a strong claim, you should have the confidence to proceed forward.
Q: If my civil claim goes to court, do i have to be there?
For most substantive motions, you should expect to be present. Additionally, for the final trial, you must be present. On other matters before the court, you do not have to always be present.