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Civil Matter and Civil Defense
 
Many times the defense of a civil matter, comes down to how much the Plaintiff is willing to spend and how much they are willing to spend to reduce exposure which they have.  Usually in a civil lawsuit which you are trying to defend, you have your own claims against the party suing you.  Often Plaintiffs forget or discount their own liability and exposure to you and therefore feel they cannot lose.  Our firm examines all the issues, determines the best defenses and if possible counterclaims which you may have.  Filing a counterclaim and aggressive affirmative defenses will bring a Plaintiff to a screeching stop.  Affirmative defenses and counterclaims make Plaintiffs rethink their position and what they could lose if the matter went to trial.  In some cases, the harm is done and it is merely a matter of mitigating the exposure which a client may have.  The mitigation of the Client's exposure becomes paramount.  The Client may have to pay something.  We try to make sure that they only what they have to.  Fore example.  being sued for a million dollars and only having the judgment awarded to the Plaintiff for only $5,000.00, is a win.
There are times when you say, enough is enough!  I want to sue!  Technically, you can always sue someone (you just file a lawsuit), the question becomes, what can you sue them for and will it be viable or just be dismissed?  Will you win any damages?  When you are the Plaintiff in a matter, it is important to know what your recoverable damages are and the type of damages you may be entitled to.  Every case is different and your results may be different than another person's results.  Even though you feel your claim is the same.  These are the types of things that an experienced litigator can explain and why you may or may not want to sue.  An experienced litigator can also discuss other options than filing a lawsuit.  Less expensive alternatives.
 
No matter what your civil case is about, you need a strong experienced litigator.  Not all attorneys litigate, most do not (not that they don't try at the client's experience).  They hire firms like the Law Office of Keith A. Fousek, to litigate for them or to do the trial for them and then sit second chair to learn how to conduct a trial in the real world.