Central Ohio Lawsuit AttorneysIn a civil lawsuit, you're either the person who filed the lawsuit (the Plaintiff) or the one that the lawsuit was filed against (the Defendant). If you're the Plaintiff, then the only point to filing a lawsuit is to try to win it. An experienced civil litigation attorney can help your chances of winning a lawsuit by gathering together all the relevant documentation and evidence before the lawsuit is filed in order to properly build your case.
If you're the Defendant, then you want to try to make the lawsuit go away as fast as possible. The Defendant is a stressful position to be in in a lawsuit because unless you can forcibly make the lawsuit go away, then the Plaintiff is in control of the lawsuit and moving it forward. An experienced civil lawsuit attorney may be able to get the lawsuit to go away through a Motion to Dismiss, Motion for Summary Judgment, or victory at trial.
The Columbus, Ohio based law firm of Harris & Engler has experienced litigators who help clients file or defend lawsuits in Columbus, Delaware, and greater Central Ohio.
How to Win a Lawsuit as a DefendantIf you've been named as a Defendant in a lawsuit, then you need an attorney, plain and simple. There are a few options at an experienced litigators disposal for trying to win a lawsuit outright for the Defendant. First, if there is some procedural or technical error with the Complaint, then an attorney can file a Motion to Dismiss the lawsuit.
If a Motion to Dismiss is not appropriate or unsuccessful, then the next step that an experienced litigator would do is conduct discovery (forced exchange of information and evidence) with the opposing party in order to build the Defendant's case. Then, if it is appropriate to do so, the attorney can file a Motion for Summary Judgment. A Motion for Summary Judgment can only be filed when there is no dispute about the facts of the case, just the law. For example, if the crux of the case is that the Plaintiff says that Sally caused the car accident and the defense says that Sally wasn't even in the car, then that is a material dispute of fact and the case cannot be resolved through summary judgment. If a Motion for Summary Judgment is either not appropriate or unsuccessful, then the next way to potentially end the case is through settlement.
If both parties are able to reach an agreement amongst themselves, then there is no reason to proceed further in litigation. A good litigator is also a highly skilled negotiator. If negotiations fail to produce the desired result, then the only next step is to try the case.
A civil case can be tried in front of a jury or it can be a bench trial where it is decided by a Judge. Usually it is the Plaintiff that decides whether it will be a jury trial or not, but the Defendant can also request a jury trial.
How to Win a Lawsuit as a PlaintiffA lot of the steps are similar or the same for winning a case as a Plaintiff as they would be with a Defendant, except that the first step for the Plaintiff might be winning the lawsuit through Default Judgment. If the Defendant does not file an answer to the Complaint, then the Plaintiff can file a Motion for Default Judgment and win everything they asked for in the Complaint.
Beyond that, the process is the same, in that the Plaintiff will conduct discovery, file a Motion for Summary Judgment, if appropriate, to win the case, negotiate, if appropriate, or just take the case to trial.
Only an experienced civil litigation attorney gives you the best chance to win your case. The law firm of Harris & Engler represents either Plaintiffs or Defendants in Columbus, Delaware, and greater Central Ohio.
Experienced Litigators Giving You the Best Chance to Win Your LawsuitThe attorneys at Harris & Engler have vast experience helping both Plaintiffs and Defendants with their lawsuits in the Columbus, Delaware, and greater Central Ohio area. The litigators at Harris & Engler know that for a Plaintiff, the case is built up front before filing suit and during discovery after a lawsuit is filed in order to build your case in the best position possible for success. For defense of a lawsuit, a number of different strategies and tactics can be used. It is usually the goal of Defendants to make the lawsuit go away as quickly and as cheaply as possible.
Whether you are a Plaintiff or Defendant, if you'd like to consult with an experienced civil litigation lawyer, you can speak to one today by calling Harris & Engler at (614) 610-9988.