When it comes to punishing wrongdoers or holding individuals accountable for their actions, there are two main branches of law in the United States: criminal law and civil law. A Nevada civil litigation attorney is simply an attorney who practices non-criminal state and federal civil laws in civil court.
Civil law is the set of laws that address the behaviors of one party that result in injury or harm to another individual or other private party. Civil laws also address other matters, such as family issues, estate planning, guardianship, and property disputes, to name a few.
In general, most civil law cases in Nevada involve tort law. In Nevada, state law defines the term tort as any civil wrong or injury other than a breach of contract for which the court will provide a remedy in the form of an action for damages.
Tort cases in Nevada are generally a result of a person or party’s negligence, intentional wrongdoing, or strict liability. If you are injured, Nevada law grants you, as the victim of the tortious act, the legal right to civilly sue the person who harmed you. This right to sue is known as a “cause of action.”
Examples of the most common causes of action for tort cases heard in Nevada civil courts that pertain to civil laws include:
- Cases that involve the negligent actions of another person, such as motor vehicle accidents;
- Cases that involve the fraudulent actions of another person;
- Cases that involve harming property, such as property destruction matters;
- Cases that involve intentional physical torts such as civil battery or assault;
- Cases that involve intentional property torts such as conversion or other theft crimes;
- Cases that involve emotional torts, such as defamation, libel, slander, and/or an invasion of privacy.
In addition to the tort cases above, the other types of cases that make up a majority of Nevada’s civil court’s caseload are cases that involve family law matters, which deal with issues including:
- Visitation and custody of children;
- 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?
Generally, it is advised that anyone who has a legal issue that may require court intervention consult with an attorney as early as possible. This is because consulting with an attorney early on in a case can result in fewer legal issues arising later in the case.
A local Nevada lawyer will be familiar with Nevada’s civil laws and statutes, as well as the laws concerning the civil procedure process. An attorney will also be able to ensure that you meet any required deadlines for filing your civil suit.
Further, an attorney will be able to advise you of your best course of legal action and answer any questions you may have regarding your case at an initial consultation. An attorney will be able to assist you in identifying the party responsible for your damages, if applicable. Additionally, if your civil matter is a family matter, an attorney will be familiar with the laws and civil process involved in pursuing those matters as well.
What to Expect from Your Civil Law Attorney?
As far as what you can expect from your civil law attorney, you should always expect your attorney to keep you well informed of your case. This means that you should expect your civil attorney to inform you of all of your settlement options and possible case resolutions, provide you with regular billing statements, and, most importantly, keep you up to date with the current status of your case. In fact, attorneys are obligated to keep their clients informed of their cases.
The other thing that you should expect of your civil law attorney is that they will be able to represent you through all the major aspects of your case. In general, an attorney will be able to represent you throughout all phases of your lawsuit, including:
- Pre-lawsuit Phase: During this phase, your attorney will meet with you to get a general understanding of your legal issues and answer any questions you may have.
- Then, should you choose to hire the attorney after a consultation, your attorney will then attempt to resolve your case without the necessity of filing a lawsuit, such as by sending a demand letter;
- If your attorney is unable to resolve your case without a lawsuit, they will then draft the necessary lawsuit and properly serve it on the defendant party or parties;
- Pre-trial Phase: After your lawsuit is filed and served, your attorney will then conduct discovery, if necessary.
- Discovery is the formal process by which one party will serve requests upon the other party or parties involved in the lawsuit to gather information to support their civil claims.
- Your attorney will also be able to represent you at any in-person proceedings prior to a final trial, such as handling pre-trial motions or temporary hearings;
- Trial Phase: If your case is not settled prior to trial, then a civil litigation lawyer will be able to represent you in court by presenting your case to the judge or jury;
- Post-trial Phase: After your case has been concluded, an attorney may still be needed in order to help you collect damages, disburse funds, or file an appeal.
How Much Does a Civil Attorney Cost?
As far as the total cost of a civil attorney, the cost of civil suit lawyers varies widely based on the particulars of your case. For instance, the following is a list of factors that can affect the total cost of a civil attorney:
- 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;
- The attorney’s reputation in the industry;
- The difficulty of the case;
- Whether or not the attorney utilizes support staff.
- The support staff will usually bill at a lower rate and be the point person when it comes to communicating the day-to-day management of a case;
- The location in which the attorney practices, as different cities have different cost averages
- For instance, attorneys that practice in Las Vegas, Henderson, and Reno may have different rates from smaller cities; and
- The total amount of time that is spent either pursuing or defending the lawsuit.
Although it may seem obvious, the most important factor in calculating the total cost of a civil attorney is the amount of time that it will take the attorney to finish the case. This is because, in civil lawsuits, almost every contract that is executed between clients and an attorney is an hourly fee agreement.
In an hourly fee agreement, an attorney agrees to take a case based on the client paying the attorney’s stated hourly fee for their work. Typically, an attorney requires a retainer to be paid before they ever begin work on a client’s case.
A retainer is an initial payment or deposit that is made by a client to secure the services of the attorney. The attorney will then bill against that retainer as they complete work in the case. Then, the client must keep up with their billing statements and make sure the retainer is refreshed as work is performed.
For instance, 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 and pleadings, 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. Thus, the most important factor in determining the total cost of a civil attorney is the amount of time needed to finish the case.
Examples of other factors that could impact the total cost of a civil attorney are outside costs, such as court filing fees, expert witness fees, mailing fees, or process server fees. As such, it is important to go over all of the fees that may be incurred in your specific civil case with the attorney.
Do You Need a Civil Attorney?
As can be seen, civil laws in Nevada cover a wide range of different legal issues. As such, in order to be successful in your civil lawsuit, you must understand many different civil laws and civil procedures.
As such, if you are involved in a civil lawsuit in Nevada 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 Nevada as early as possible.
A civil litigation attorney will be able to help you determine the state or federal laws that apply to your specific legal issues, as well as help you determine your best course of legal action. An attorney can also answer any questions that you may have regarding your case or issues. LegalMatch can assist you in locating the right attorney for you and setting up an initial consultation with them.
An experienced attorney will be knowledgeable about Nevada’s civil laws, case law, and state and federal civil procedure. This means that the attorney will be able to represent you throughout the entire legal process, which was discussed above. Finally, an attorney will also be able to represent your interests in court, as needed.
