6 Common Types of Civil Litigation

Civil litigation can be extremely complex; therefore, if you are involved in a lawsuit as the plaintiff or defendant, you may want to contact one of the experienced civil litigation attorneys at Bingaman Hess. Failing to understand your rights could potentially expose you to significant risks.

What is Civil Litigation?

Civil litigation is a legal process that attempts to resolve disputes between individuals, businesses, or other entities that are not based on criminal actions. In civil litigation, the plaintiff (the person filing the claim) seeks monetary compensation (known as damages) or a specific action from the defendant (the person being sued). Many types of cases fall under the umbrella of civil litigation.

6 Common Types of Civil Litigation

It is nearly impossible to list every type of civil action, but here is a description of a few of the more common types of civil litigation:

1. Breach of Contract 
   A breach of contract occurs when someone breaks the terms of a binding contract, which can be written or oral. Missed payments and failure to deliver are typical examples of a breach of contract. For example, if you sign a lease that states you are to pay $1,000 in rent on the first of each month but fail to do so, that is a breach of contract. Or, if you pay a contractor to remodel your kitchen, but they do not finish the work, that is a breach of contract. 
    
2. Personal InjuryThe American Bar Association (ABA) explains, "Personal injury law, also known as tort law, is designed to protect you if you or your property is injured or harmed because of someone else's act or failure to act. In a successful tort action, the one who caused the injury or harm compensates the one who suffered the losses." 
    
   
3. Commercial Litigation
   Commercial litigation is a dispute between businesses and individuals (i.e., a customer or employee and a business) or between two or more businesses (i.e., a vendor and a business). Some examples of commercial litigation include copyright or trademark infringements, fraud, wrongful discharge, breach of contract or warranty, and deceptive trade practices. 
    
   
4. Class Action Litigation
   "A class action is a procedural device that permits one or more plaintiffs to file and prosecute a lawsuit on behalf of a larger group, or 'class,'" Cornell Law School explains. "Put simply, the device allows courts to manage lawsuits that would otherwise be unmanageable if each class member (individuals who have suffered the same wrong at the hands of the defendant) were required to be joined in the lawsuit as a named plaintiff."
    
   
5. Real Estate Disputes
   Real estate disputes often occur between buyers and sellers of residential properties, homeowners and contractors or subcontractors, or landlords and tenants. Examples of this type of dispute include boundary disputes, breach of contract, seller's failure to disclose a defect, breach of fiduciary duty or negligence, title disputes, construction defects, and real estate fraud.
    
   
6. Debt Collection
   This type of civil litigation is what it sounds like. Investopedia explains, "A debt collection lawsuit occurs when a creditor files a petition with the court to initiate a lawsuit against a borrower who owes them money."

Put Experience on Your Side!

Regardless of what type of civil litigation you are involved with, achieving success requires extensive knowledge of the law, the court system, and an often complex litigation process, along with skillful planning. Whether you are the plaintiff or defendant, the experienced legal team at Bingaman Hess will thoroughly analyze your situation, provide knowledgeable guidance, and offer all available options to help achieve your desired outcome.

Put the power of our experienced civil litigation attorneys on your side by calling us at 610.374.8377 or finding us online.