Frequently Asked Civil Litigation Questions

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What is civil litigation?

Civil litigation is a term used to describe various mechanisms for resolving commercial and personal injury disputes. Civil litigation may involve filing a lawsuit in State or Federal Court. However, depending on the goals of the client it also may involve Alternative Dispute Resolution. The most commonly used forms of Alternative Dispute Resolution are Mediation and Arbitration.

Where do I file a lawsuit?

Many types of civil cases can be filed in Hawaii State Court.

However, some lawsuits must be filed in Federal Court.

Moreover, in many cases involving a contract, your agreement must contain an arbitration clause that precludes you from filing a lawsuit and instructs you where you must file your claim. If you are considering filing a civil case, you should speak to an experienced civil litigation attorney about your options.

When should I file my lawsuit?

If you are considering filing a claim, you should consult an attorney as soon as possible. Depending on the type of lawsuit you are considering, the statute of limitations may limit the amount of time you have to file your civil litigation claim. Contact an experienced civil litigation attorney today to learn more about when you need to take action, and to find out if you have a case.

What is mediation?

Mediation is a process that can be used instead of taking your lawsuit to court (or even while your case is pending). In Mediation, the litigants retain a trusted third party to advise them on their case and, hopefully, reach a settlement. This process is non binding and, if unsuccessful, the parties may still proceed with their lawsuit.

Is it worth taking my claim to court?

Filing a lawsuit should always be viewed as a last resort. If you have already attempted to communicate with the other party and solve your dispute, but have been unable to reach a satisfactory solution, then you may have no choice but to file a lawsuit. While you are not required to retain an attorney when filing a lawsuit, by choosing an experienced civil litigation attorney will enhance your chances of receiving compensation.

If you have more questions about civil litigation and would like to speak with an experienced civil trial attorney in Honolulu, Hawaii, contact Philip R. Brown online or call (808) 523-5900 today to schedule your free initial consultation.