What are some advantages and disadvantages of the civil litigation system in the US?© BrainMass Inc. brainmass.com October 9, 2019, 8:13 pm ad1c9bdddf
Listed are some of the disadvantages of filing a civil litigation suit in the United States system:
The disadvantages are various, and depending on the factual scenario, they may be numerous, and perhaps overwhelming. Some of the disadvantages are as follows:
If the perpetrator has no assets, is not likely to come into any assets, and is not insured, then there may be limited prospects for a victim to collect on a judgment.
While some evidence, such as transcripts or depositions, may be transferable from the criminal court to the civil court, the victim may still have to offer testimony and confront the perpetrator during civil proceedings. He or she may have to repeat details pertaining to the victimization, and cope with the resulting psychological stress.
Because many jurisdictions have case backlogs, civil cases may be in litigation for years before a decision is rendered. Moreover, the civil justice system is full of the failings of any human-designed system and can be wrought with frustration and disappointment.
Victims may enter into contingency fee arrangements with civil attorneys to pay for services, but most often such arrangements do not relieve victims from having to pay for other litigation costs such as filing fees, deposition costs for obtaining expert testimony, etc.
If a judgment is obtained and collected, the victim will usually have to pay a percentage of the judgment to his or her attorney and may also have to reimburse the state for any crime victims compensation amounts received.
Victims can lose their civil suits, or receive minimal compensation.
It is likely that a victim wishing to vindicate his or her rights against ...
Advantages and disadvantages of the United States litigation system.