What Are The Most Common Types Of Civil Cases That Your Firm Generally Would Handle And Help Clients With?
Breach of contract cases comes in all types. Our firm does a significant amount of breach of contract cases. We do breach of contract in the real estate context, the oil and gas context, the banking context, and purchase/sale agreements. We cover these types of cases all over the state and have had much success. Thus, breach of contract cases is likely our most common type of civil case.
Another matter we represent often are debt defense cases. We represent individuals that creditors are suing in Kansas circuit courts or district court, in which we have had much success. Many of these cases are credit card disputes and car purchase agreements. When it comes to a vehicle, a mobile home, a motor home, or a motorcycle, people might fall behind on their payments, and a company will go and repossess the asset. It will then be sold in a sheriff’s sale or auto auction. Then they might sue the client for a deficiency. We end up in many deficiency-style cases, and that’s probably one of the most common civil cases in which we’re involved.
What Generally Is The Process For A Civil Lawsuit In Kansas?
The basic process for a civil lawsuit in Kansas typically consists of a client contacting us for a consultation in which we figure out what their claims are and what’s going to be required to either carry or defend the suit. We then file a petition or a response.
After a petition is filed, a person has 21 or 30 days to answer. After answering the petition, the discovery process begins. The discovery process can last anywhere from 4 to 8 months. After the discovery process, we go through a pretrial to determine the issues outstanding in the case. Then after the pretrial, we set a trial. After the trial, we get a judgment and must either enforce or defend against the ruling, depending on the outcome.
What Are Potential Damages Or Remedies Available To A Plaintiff In A Civil Suit In Kansas?
You can get compensated for damages in a civil lawsuit. Economic damages are awarded for injuries and related expenses, including medical bills, medications, property damages, lost wages, and possibly punitive damages. Punitive damages are based on the defendant’s conduct, and sometimes the courts will award this to punish the defendant. Overall, punitive damages are not often granted, but they are reserved for cases where the defendant is vindictive. For this reason, you may not see them happen often, but they do arise in highly egregious cases.
There are also non-economic losses. Non-economic losses are rare but deal with personal issues such as relationships or family. Suppose your injury impacts one of your personal relationships negatively in any capacity. In that case, you can try to seek non-economic losses. It takes a skillful lawyer to win a non-economic loss case.
Do Most Civil Lawsuits Settle Versus Going All The Way To Trial; Why Or Why Not?
90% of the civil cases settle before going to trial. The hard truth of civil matters is that the really good cases settle. Almost always, they’ll push us to the brink of trial. Still, it’s almost always settled if you have clearly established liability and have legitimate injuries. This is especially true if we can determine the expenses of injuries through medical records.
In a civil case where there is a breach of contract, if you can establish through evidence that the contract was breached, you’ll often get an offer well in advance to settle. The reason they often settle far before the trial is because the trial will cost a considerable amount of money. The insurance company and the defendant generally want to avoid making that risky investment. However, cases will often settle early in exceptionally egregious cases to avoid significant judgment if a defendant did something malicious or intentional.