As We knew that Civil litigation is a lawsuit whereby a party seeks damages against another party. The damages can come in the form of money or the modification of some type of conduct. For instance, one can sure for breach of contract if another party fails to live up to the terms of a written agreement. One can also sue for a restraining order to bar a competitor from using various business property such as intellectual property rights. Importantly, civil litigation is not a criminal matter, to wit, the party that loses the case does not go to jail.

The first stage of civil litigation is the pleading stage. The pleading stage simply refers to the filing of the complaint against the party that is the defendant. The defendant then has the right to contest certain elements of that complaint. The defendant can object on the grounds that the complaint does not state a cause of action against them or frivolous matters are included in the language of the complaint, to name a few arguments. At this point, the court will either find a complaint to be with or without merit. If the Court throws out the plaintiff’s complaint, the plaintiff is usually allowed to amend the language and refile it.

The second stage of civil litigation is discovery. Discovery is simply the process of learning what evidence each side has regarding the dispute. Typically a party can ask to see any supporting documents the other side has and ask them questions. Questions can be asked in written form through a legal document known as interrogatories. Questions can also be asked orally by the party’s legal counsel in a process known as a deposition. Other methods of discovery also include request for admissions, special interrogatories and various other methods specific to your state. Yep, all the rules are set forth by state in most cases.

Once discovery comes to a close, the defendant will often file something known as a motion for summary judgment. A summary judgment motion is simply an argument by the defendant that the evidence provided by the plaintiff in the case does not support a claim against the defendant. In moving for summary judgment, the court considers the law on the books and the evidence provided by the plaintiff. It views the evidence in a light most favorable to the plaintiff before making the decision. If the court finds in favor of the defendant, the lawsuit is over. At this point, the plaintiff can either abandon the lawsuit or file an appeal to have a higher court review the matter.

Assuming the plaintiff survives a motion for summary judgment, the next technical step of a lawsuit is to actually go to trial. Before that happens, however, the parties are usually sent to an arbitration hearing in which a mediator tries to cut a deal between the parties. This process is also known as a settlement conference. If they settlement cannot be reached, the court will then set the matter for trial and off you go.

At the end of the day, the average civil lawsuit will take a while to get from filing of the complaint to trial. The exact time is dependent upon the state you live in and how busy the courts are. Criminal matters tend to take precedent over civil matters, so you can often be waiting awhile. In fact, it can often take a year or more before a civil matter goes to trial.

An alarming number of birth injuries have been recorded in the U.S. in the recent past. Such injuries, arising out of complications during labor and delivery, can have effects ranging from mild bruising to brain damage, permanent disability, or even death. While mild birth injuries such as forceps marks are quite common, a doctor must anticipate and monitor more serious complications or face the threat of a lawsuit.

Oxygen deprivation during birth can result in severe brain damage, seizures, mental retardation, or other behavioral and emotional disabilities. In some cases, oxygen deprivation can be caused by natural factors such as the size or position of the baby. However, serious birth injuries can also be caused by mistakes made by the medical team. Infants who survive birth injuries often need to be rehabilitated over many years, even if they are not permanently disabled.

When a birth injury occurs, parents may not always know the extent or the permanence of the disability that will result from the injury. Sometimes they are advised to wait and see if their baby gets better. However, be careful about delaying too long before talking to a knowledgeable birth injury lawyer about the case. Not only can the details and witnesses become harder to track down after a few months, but in most cases parents only have two years to file an Oklahoma birth injury lawsuit on behalf of their child.

If you choose to wait, try not to delay longer than six months after the birth. Even if your child’s condition improves you may still have a case and your child may still need extra medical and rehabilitative care for the rest of his or her life.

Please contact Swim Law Firm with questions about your legal issue. This firm will provide as much information as possible regarding your inquiry. While this contact does not serve to establish an attorney / client relationship, it will allow the legal team to begin an assessment of your case.

The office of Swim Law Firm practices law throughout Oklahoma. The entire staff is dedicated to helping clients with their legal matters regarding:

* Birth injuries
* Cerebral palsy
* Erb’s palsy litigation
* Athetoid cerebral palsy
* Ataxic cerebral palsy
* Botox cerebral palsy
* Spastic cerebral palsy
* Brachial plexis injuries
* Medical malpractice
* Personal injury

It is important to be careful about disclosing facts about your birth injury case to those not directly involved in a possible Erb’s palsy, cerebral palsy, or birth injury lawsuit until after you’ve talked to your attorney. An attorney can help you decide how to approach the treating physician so that they don’t put anything in their documentation that will hurt the case falsely and so that your child’s healthcare will be unbiased.

When a baby experiences a variety of injuries, you usually do not want to go through with an investigation or lawsuit. However, your lawyer can help you get substantial compensation for the birth injuries your baby suffered as well as coverage for your medical bills.