An Indiana civil litigation attorney is simply an attorney who practices civil law in the civil court system. In contrast, a criminal lawyer practices criminal law in criminal courts. Civil law is the set of laws that encompass laws that allow one party who is injured by another party to sue the party that injured them, as well as other administrative, estate, and family law matters.
In the state of Indiana, most civil law cases that are heard are tort cases. Although the exact definition of what constitutes a tort varies by state, the legal term “tort” in Indiana refers to any legal misdeed, failure to carry out a duty, or unlawful action that results in a loss, injury, or damage to another person.
The party that is injured, who is known as the plaintiff, then has the right to fully recover the damages they suffered in a civil action from the defendant, who is the person that caused them harm.
Additionally, Indiana has the Indiana Tort Claims Act, which allows for a cause of action for torts that result in a personal injury claim from the actions or inaction of a local governmental entity or one of their employees. For instance, a government employee causing a car crash can be sued, even though there is typically some form of governmental immunity.
Generally speaking, tort violations occur either due to the intentional actions of a party or the negligent actions or inaction of a party. Tort laws in Indiana may result in many different types of civil cases being heard. Examples of the most common types of cases heard in civil court that pertain to civil laws include:
- Cases involving the negligent actions of another person, such as motor vehicle accidents;
- Cases involving the fraudulent actions of another person;
- Cases involving intentional physical torts such as civil battery or assault;
- Cases involving intentional property torts such as conversion or other theft crimes;
- Cases involving emotional torts, such as defamation, libel, slander, and/or an invasion of privacy.
In addition to the cases mentioned above, which involve injuries to one’s person or property, the other type of cases that make up a significant portion of Indiana’s civil court’s caseload are cases regarding family law matters, such as dealing with issues surrounding:
- Visitation and custody of children;
- Advisory matters;
- Spousal maintenance or alimony;
- Child support;
- The loss of parental rights;
- Paternity and adoption;
- Child abuse and child neglect matters.
When to Hire a Civil Litigation Attorney?
In short, that answer will depend upon the specific legal issues that you are facing. However, it is generally advised to consult an attorney early on in the legal process. This is because an attorney will be able to assist you with determining the most efficient way of resolving your legal issues.
A local Indiana lawyer will be familiar with Indiana’s civil laws and statutes, as well as the entire civil procedure process involved in suing a party for damages or suing for other civil resolutions. An attorney will also be able to assist you in identifying the party responsible for your damages and help you hold them responsible for their tortious actions if you’ve been harmed.
Further, if your civil matter is a family matter or other non-tort matter, an attorney will be familiar with the laws and civil process involved in pursuing those matters as well. This means they will be able to assist and give you the best chance at getting the resolution that you are seeking.
What to Expect from Your Civil Law Attorney?
When it comes to what you can expect when working with an attorney for civil lawsuits, you should expect that an attorney will be able to handle all of the major aspects of your civil lawsuit. The exact aspects of your civil lawsuit depend on the type of lawsuit that you are involved in.
However, in any case, an attorney will be able to assist you through all phases of your lawsuit, including:
- The pre-lawsuit phase;
- The pre-trial phase;
- The trial phase; and
- The post-trial phase.
In addition to all of the above, the main thing that you should expect of a civil attorney is that they will keep you informed of your case. This means that you should always expect your civil attorney to inform you of all of your settlement options or resolutions, as well as the current status of your case. In fact, attorneys are obligated to keep their clients informed of their cases.
How Much Does a Civil Attorney Cost?
As far as the exact cost of a civil attorney, the total cost of civil suit lawyers will be dependent on a variety of different factors, including but not limited to:
- The area of law that the attorney practices;
- The areas of law that the plaintiff’s individual claim encompasses;
- The attorney’s level of experience, such as whether or not they are bar-certified in their practice area;
- The attorney’s reputation in the industry;
- The difficulty of the case;
- The location in which the attorney practices, as different cities have different cost averages;
- The total amount of time that is spent either pursuing or defending the lawsuit.
Generally speaking, the most important factor used in calculating the total cost of a civil attorney is the amount of time that it will take to finish the case. This is because, in civil lawsuits, the majority of contracts executed between clients and the attorney are hourly fee contracts.
In an hourly fee arrangement, an attorney will agree to take a client’s case based on the client paying them an hourly rate for their work on the case. In most cases, an attorney will request an upfront “retainer” to start the case. Then, the attorney will complete the work and bill against the retainer.
For example, an attorney may require an upfront retainer of $4,000. The attorney will then work the case, such as filing discovery to gather evidence, drafting motions, drafting pleadings, communicating with the opposing side or their attorney, taking depositions of key witnesses, and representing their client in court for pre-trial motions or other in person court matters.
If the attorney’s hourly fee is $200 per hour, then the retainer would be depleted after 20 hours of work on the case. If there is money left over, then the money may be returned to the client or collected by the attorney, depending on what the contract specifies.
As can be seen, the most important factor in determining the total cost of a civil attorney is the amount of time needed to finish the case. This is because the more time spent on the case, the greater the hourly fees that are charged to the client.
In addition to hourly fee agreements, there are other types of fee arrangements that may occur in a civil law case. For example, an attorney may decide to take your case on a contingency fee basis.
In a contingency fee arrangement, the attorney will not charge you an hourly rate, but rather, the attorney will take on the costs of the suit and take a percentage of the amount of any money that is recovered in the case.
For instance, at the end of the case if $250,000 was recovered in a settlement for the injuries suffered by the plaintiff, an attorney may take 50% of that settlement amount. In other words, $125,000 will be taken out of the settlement first in order to pay the attorney their contingency fee. After that, medical bills will then be paid, and then the rest of the funds would go to the plaintiff.
For simpler civil cases, such as cases where everything is agreed to by all parties involved upfront, an attorney may execute a “flat fee contract.” In flat fee contract arrangements, an attorney will agree to do a specified amount of work on a case for a one-time payment.
Do You Need a Civil Attorney?
As can be seen, civil law cases can involve numerous different matters and many different laws. As such, if you are involved in a civil lawsuit in Indiana or are seeking to file a lawsuit as a result of a legal issue that you are facing, then it is in your best interests to consult with an experienced civil litigation attorney in Indiana.
A civil litigation attorney will be able to help you determine your best course of legal action and answer any questions that you may have at a consultation. LegalMatch can assist you in locating an attorney for your particular legal issues and setting up a consultation with them.
Further, an attorney will also be knowledgeable about Indiana’s civil laws and civil procedure. This means that the attorney will be able to represent you throughout the entire legal process, should you choose to hire them to represent you. Finally, an attorney will also be able to represent your interests in court, as needed.
