Statistically speaking, odds are that the average person will end up involved in a lawsuit – either as a plaintiff or defendant – at least one time during the course of his or her life. (This does not include being involved in a divorce case; rather, this refers to the statistical probability that a person will be involved in a lawsuit involving a personal injury or contract dispute at some point during his or her lifetime.)

Because it is likely that a person will end up involved in a lawsuit for one reason or another during his or her lifetime, it does behoove a person to have a basic understanding of what is known as civil procedure. Through this article a basic overview is provided of the essential elements of civil procedure. With that noted, when it comes to civil procedure, if a person has any specific questions in regard to civil procedure or if a person finds his or her self involved in a lawsuit, that individual is best served by seeking legal assistance immediately. This article is not intended to provide legal advice to any individual that is facing or involved in a lawsuit.

The most important factor that a layperson must keep in mind when it comes to civil law and civil procedure is something known amongst lawyers as the “statute of limitations.” In simple terms the statute of limitations refers to the deadline by which a lawsuit must be filed. For example, if a person is involved in an accident, that individual must file suit for injuries or damages sustained as a result of that accident with a period of time set forth by the statutes of the state in which he or she lives. If the individual fails to bring a suit within that time frame, that person normally will be prevented from filing suit at any time in the future.

The same holds true if there is a breach of contract. If a person wants to sure because of a breach of contract, that individual needs to file suit within a specified period of time or he or she will be forever banned (in most cases) from bringing suit. Read the rest of this entry »

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