Why we’re qualified to handle the civil litigation case
The team at the Law Office of Sean Musgrove acts like a “legal machine.” This legal will put together the strongest case for our clients.
In a civil case, this means that we gather the records and witnesses needed for trial from day one. We can handle anything the opposing side throws at us. Our solid work ethic and our diverse experiences as professionals means that you are getting legal representation that comes from a position of strength.
The Law Office of Sean Musgrove has experience litigating in California Courts.
The attorneys at the Law Office of Sean Musgrove have litigated personal injury cases, medical malpractice cases, dental malpractice cases, bad faith insurance case, business actions, and real estate actions.
What are the initial considerations in a civil litigation case?
Time and money are the first considerations by any attorney taking on a case.
Time is important because if you do not file your claim in a timely manner, you may be permanently barred from bringing an action. The old adage “if you snooze, you lose” is very true in the legal field.
Money is considered because it costs money to litigate and it places a value on your case. If you win a law suit, what do you win? Either orders or money. If you get orders, it cost money to get there. If you get money, it costs money to get that too.
Filing in a timely manner
Meeting the statute of limitations means that you file your lawsuit in the time required by law. You should not try to determine when the statute of limitations ends. You will make a mistake. Meeting the statute date is too important. An attorney should always be consulted.
Examples of Statute of Limitations
Here are some examples of the statutes of limitations. This is not an exhaustive list. This list may not be accurate at the time you read this because laws change by legislative pen and Court decisions daily. Always contact an attorney.
|Type of Case||Time to Sue|
|Personal Injury. The defendant hurts you with or without intending to hurt you. California Code of Civil Procedure section 335.1.||2 years|
from the date of injury
|Property Damage. The defendant damages or destroys your property either with or without intending to damage it. California Code of Civil Procedure section 338. Californa Commercial Code section 2725.||3 years|
from the date the property
|Libel and/or slander. The defendant defames you in print, writing, or pictures or verbally. California Code of Civil Procedure section 340(c).||1 year|
from the date of injury
|Oral contracts. Contracts that you and the defendant did not write down. California Code of Civil Procedure section 339.||2 years |
from the date the contract
|Contracts in writing. California Code of Civil Procedure section 337.||4 years |
from the date the contract
|Patent defects in real property resulting injury to property or person. California Code of Civil Procedure section 337.1.||4 years|
from the date the construction was mostly finished
|Latent defects in real property California Code of Civil Procedure, Section 337.15.||10 years|
from the date construction
was mostly finished
|Against a health-care provider 1 year from the date plaintiff knows or should have known about the injury, or 3 years from the date of the injury whichever is the earlier date. California Code of Civil Procedure section 340.5.|
Special laws designed to protect the health care providers need to be considered. If you are against a health-care provider you need to give them 90 days’ notice before suing. California Code of Civil Procedure section 364.
|1 year (In some cases, 3 years. See an attorney right away).|
|Against government agencies or offices. These cases require, by law, that you file a claim with the government office or agency before you file your lawsuit. You will have to request and use the form from the governmental entity to file the claim. Please see an attorney in this case as it is very complicated.|
After you file your claim, the governmental agency has 45 days to respond. Government Code section 912.4. If the government agency denies your claim during the 45 days, you have 6 months to file in Court from date the denial was mailed or personally delivered to you. Government Code sections 912.4, 912.6. If the government agency does not respond to your claim during the 45 days, you have 2 years from the date the incident occurred to file in Court. Government Code section 945.6 (a)(2).
Consult with an attorney to make sure you file your claim and file your lawsuit before the deadline.
|6 months from the time of the injury to file an administrative claim|
What happens after a suit is filed?
After a lawsuit is filed, the parties will conduct discovery.
Discovery is the exchange of evidence that is sworn under oath to be true and correct. This includes written questions, the production of written documents, and depositions.
After the evidence is gathered, the parties will then negotiate formally and informally to settle the matter. In most cases, the parties will come to a settlement because there is risk for all involved.
If a case does not settle, the case will go to trial. The trial may be years after the date of the original cause for the law suit.
It is important to hire a law firm that can pull together the evidence at trial to present your case.