Whether you are facing a legal dispute in Utah, considering legal action, or seeking representation in a civil case, Wilcox & Mastrorocco will help you successfully resolve disputes with clarity and purpose. The first step of that process, however, is understanding the process. Our civil litigators in Utah help clients understand and participate in the civil litigation process to the extent it serves their best interests.
At Wilcox & Mastrorocco, we firmly believe that informed clients make the best decisions for themselves and their stakeholders. That is why we always make sure that you understand all of your legal rights and options before proceeding with whatever option the client ultimately decides
In this blog, we provide answers to some common questions we receive from our clients about civil litigation. If you want answers more specific to your unique legal situation, contact us at (801)-960-4046 to schedule a free consultation and strategy session.
What is Civil Litigation?
Civil litigation is a legal process involving two or more parties who need to resolve a dispute through the court system. It typically involves one party (the plaintiff) seeking damages or specific remedies from another party (the defendant) for alleged wrongdoings, like personal injury, a breach of contract, or property dispute.
The parties in civil litigation can be individuals or entities, like private citizens or residents, public officials, private businesses, non-profits, or government agencies.
When Should I Consider Pursuing Civil Litigation for Personal Injury?
Most people are surprised to learn that you do not have to file a lawsuit to pursue your personal injury claim. Rather, after experiencing a personal injury, we typically attempt to resolve the claim directly with the at-fault party and their insurance company. In most circumstances, a settlement or another resolution can typically be reached through negotiations without ever filing a lawsuit. When settlement talks break down, however, you might want to consider civil litigation as a means to resolve your personal injury case. Our civil litigation lawyers in Utah can discuss your case with you and give you legal advice on what your best legal options might be to resolve your personal injury claim.
How Long Does Civil Litigation Take?
The duration of civil litigation varies depending on the complexity of the case, court backlog, and whether a settlement is reached. Some cases can be resolved in a few months, while others may take several years to conclude. There truly is no way to predict how long it will take to resolve a civil suit.
How Does a Lawsuit Work in Utah?
Civil litigation, as opposed to criminal litigation, involves disputes between people, businesses, and other entities. While each lawsuit has its own particular circumstances, most follow the same steps summarized below.
- Pleadings Stage. During the pleadings stage, the plaintiff files and serves a complaint on the defendant(s). In the complaint, the plaintiff states, among other things, the harm they incurred, how it occurred, and why the defendant is liable for that harm. Next, the defendant will prepare an answer in response to the complaint. The defendant may also file a counterclaim or cross-claim. The plaintiff will then have an opportunity to reply to any pleadings that require a response. While this is a simple explanation, the pleadings stage can involve other steps, such as the defendant filing a motion to dismiss and a hearing to address any motions filed.
- Discovery Stage. The discovery stage is when both parties have the opportunity to request information and documentation from the other party. This is accomplished formally through the filing of interrogatories, requests for production, and requests for admission. It is also at this stage that witnesses are deposed and their testimonies obtained. The parties are also able to send out subpoenas to third parties to obtain documents and information from others that may be relevant to the lawsuit.
- Trial Stage. At the trial stage, the parties will each be able to present opening arguments. Then, the plaintiff will be able to present their case, and the defendant their defense before a judge and/or jury. Evidence is produced and testimony is taken from witnesses, and the parties are allowed to have closing arguments. The judge will issue a decision or the jury will reach a verdict on who was at fault for the injury-causing event and what damages the plaintiff may be entitled to.
- Appeals Stage. The party that does not prevail at trial may pursue an appeal to have the decision reviewed by a higher court. Appeals can continue until there are no higher courts with jurisdiction to hear the matter.
Again, this is a general summary of lawsuits. Each suit may proceed differently according to the facts of the case and the jurisdiction where the case is heard.
What Are the Potential Outcomes of Civil Litigation?

The potential outcomes of civil litigation are usually one of four:
- Dismissal, where the court orders a case dismissed;
- Settlement, where parties agree to resolve the dispute outside of court;
- Judgment, where a court ruling in favor of one party, leading to damages, injunctions, or other remedies; or
- Appeal, where a party may appeal an unfavorable judgment to a higher court.
It is important to remember that no lawyer can guarantee you a certain outcome in civil litigation. Ultimately, the decision is up to the judge or jury.
Can I Settle a Civil Dispute without Going to Court?
Yes, the vast majority of personal injury civil disputes are resolved through negotiation, mediation, or arbitration – collectively referred to as alternative dispute resolution (ADR) methods – before ever going to trial. Alternative dispute resolution methods can be more cost-effective and less time-consuming than litigation.
There are, however, pros and cons to each method, so the decision to use any ADR method should be carefully considered with the help of a civil litigation attorney. For clients who retain Wilcox & Mastrorocco, our civil litigation attorneys in Utah will help you with negotiations during all of these processes so that you have sound legal advice on which ADR processes to agree to, when to agree to engaging in ADR, and what a fair settlement range for your case would be.
How Can I Initiate a Civil Litigation Case in Utah?
Initiating a civil litigation case involves filing a complaint in the appropriate court. To do so, you need to ensure you have the right forms, persuasive arguments, and legal support to accompany the filing.
For most cases, unless it's a small claims matter, we recommend consulting with an attorney who can help you draft and file the complaint in the appropriate court. If you have a legal dispute in Utah, contact our litigation attorney to guide you through the process and represent your interests.
Do I Need a Civil Litigation Attorney in Utah to File a Lawsuit?
While it is possible to represent yourself in civil court (pro se), it is highly advisable to hire an experienced civil litigator. At Wilcox & Mastrorocco, our civil litigators will provide legal expertise, help you navigate complex procedures, and advocate on your behalf, increasing your chances of a favorable outcome.
What Should I Look for in a Civil Litigator?
There are many different factors you should consider when choosing which civil litigation attorney to hire. This is covered in greater detail in our recent block post, "Key Tips and Questions to Ask Before Hiring a Personal Injury Attorney in Utah." To summarize that article, you should carefully question your prospective lawyer by asking the following questions:
1. What is your courtroom experience?
Steer away from personal injury lawyers that don't have sufficient courtroom experience or that do not routinely take personal injury cases to trial as part of their normal law practice. Ask questions like:
- Do you aim for a quick pre-litigation settlements only?
- If my case does not easily and quickly settle, will you personally file a lawsuit on my behalf and take the case to trial? Or would that get "referred out" or transferred to a different attorney?
- How many cases do you actively have pending in litigation now?
- How many clients have you represented in court on personal injury claims?
- What is your litigation experience?
2. Who will be handling my case?
Big law firms are notorious for a bait-and-switch. Far too often, the attorney you first meet with will not be the primary attorney who works on your case. Or even worse--and just as often--clients will meet their attorney at the initial consultation and then never speak to their attorney again because their case is one of hundreds that is passed off to inexperienced non-lawyer staff members who primarily handle the client's file rather than the actual attorney.
When interviewing prospective lawyers, ask questions that will help you determine the amount of personal involvement the attorney will have in handling your claim and whether you will have easy access to your lawyer when questions arise. Ask questions like:
- Who are all of the people that will be involved in handling matters concerning my case?
- If I have a question on my case, is the lawyer my first point of contact?
- When I try to call you, will my calls be "screened" by a receptionist, legal assistant, or paralegal before I can actually speak to you, the lawyer?
Do not be shy in asking about a lawyer's processes to ensure that the lawyer you interview with during your initial meeting will stay intimately involved with your case.
3. Do you predominantly practice law in Utah?
Far too often, personal injury victims call the lawyers on the big fancy billboards and commercials without realizing that these lawyers are not always (1) physically located in Utah; and (2) predominantly representing Utah clients. Why does this matter?
- First, lawyers who do not predominantly practice in Utah are not intimately familiar with the intricacies and nuances of Utah law that will impact your case. Personal injury laws are different in every state, and just because a lawyer practices personal injury in another state does not mean they are well-suited to best present your case in Utah.
- Second, having a lawyer who is personally located in Utah is critical because your lawyer needs to be able to physically appear for court dates, mediations, and other legal appointments. Lawyers located in another state on the other side of the country cannot represent you like you deserve, and a local stand-in attorney who does not know your case at these critical court appearances will not be a zealous and well-prepared advocate for you during those moments when you need a lawyer most. Having a law office in Utah is not enough--that only means they are targeting Utah clients. You need a lawyer who can be personally available for you in Utah as well.
Securing a positive outcome for your Utah case requires detailed familiarity with Utah laws and the ability to appear in court and advocate on your behalf at any time. Do not be swayed by an attorney who tries to convince you that everything can be done remotely---this is a red flag that the attorney is only out to make money off of you through a quick settlement rather than through real legal work based on Utah laws in a Utah courtroom.
4. Are you licensed in Utah?
The national firms who sponsor the billboards and commercials have lawyers across the country who often get assigned cases in Utah--despite the fact that they are not actually licensed to practice law here. How do they legally do this? They hire one inexperienced Utah lawyer and file everything under that lawyer's law license and signature. It is a shady business practice that is far too common. To avoid this, do not solely rely on the attorney's representation that they are qualified to represent you. After you've met with your lawyer (or beforehand if you know the name of the attorney who will be handling your file), always go to the Utah State Bar website and verify that the attorney who will be handling your case is actually licensed in Utah.
5. What are your fees, and what costs will I be responsible for?
Most personal injury lawyers charge clients a contingency fee, which means they earn a percentage of the amount that is recovered if you have a positive outcome for your case. Injury attorneys' contingency fees are known to typically range anywhere from 33 percent to 40 percent, but asking an attorney directly what fees they collect up front is likely the best way to be sure.
In addition to asking an attorney about their fees, you should also ask about what costs you will be responsible for paying. It is normal for a client to be asked to cover standard costs associated with their injury claim (such as fees to obtain police reports, medical records, etc.). What is not normal? "Nickle and diming" clients by making them pay for "costs" that should be free, such as long distance calls, scanning documents, and printing paper copies of documents for you. If a lawyer or law firm specifies that these types of costs are your responsibility to pay, it's a solid indication that their true motivations are selfish and that far more of your settlement at the end will go to your lawyer and their bogus "costs" rather than to you.
6. How long have you been a lawyer?
Experience matters. Many lawyers carefully craft their attorney biographies on their websites to make it sound like they are seasoned attorneys when in reality, they have only been licensed for a year or two. When interviewing lawyers to represent you, ask the attorney:
- When did you graduate from law school?
- When did you pass the Utah bar?
7. What is my case worth?
It's admittedly difficult to estimate the value of your personal injury case based on one meeting alone with a client. However, an experienced personal injury attorney should be able to give you an idea of what factors may affect what your case is worth and how they may play out in obtaining a settlement or verdict at trial. When discussing the value of your case with a prospective lawyer, ask:
- Is this lawyer telling me that my case is worth an unrealistic amount? If it sounds too good to be true, it almost certainly is. Any lawyer who makes promises to a huge recovery should be approached with caution because they are likely: (1) lying to you to get your case; or (2) overconfident, which will result in unmet expectations in the end.
- How did the lawyer reach their estimate on case value? Is it based on verdicts in Utah cases? The attorney's past experience with other similar clients who reside in Utah? If the answer to these questions is no, proceed with caution.
8. How long will my case take to resolve?
Everyone wants their case to settle as quickly as possible. The reality, however, is that the wheels of justice move slowly. An attorney who promises you a fast settlement is likely not being truthful with you about appropriate expectations. This will only lead to frustration for you down the road. When engaging with your prospective lawyer on this topic, make sure that your attorney is realistic with you about the process. As them questions like:
- How long do most cases like mine take to resolve in Utah?
- What is the longest it could take?
- What circumstances impact the amount of time it could take to resolve my case?
- What do you to do make sure my case keeps progressing and doesn't lag or languish?
A personal injury attorney will not be able to give you a definite end date for the conclusion of your case during your initial consultation with that lawyer. But an attorney who has experience in your type of case could provide at least a general time frame, based on factors that could affect when your case would be resolved.
9. Have you won any honors or awards?
Asking what awards and/or honors a lawyer has earned (as opposed to purchased) can help you see how they stand up to others in your community in terms of skill and experience. However, not all honors and awards are equal.
Some legal organizations, such as Best Lawyers in America or Super Lawyers, use peer recognition and reviews to select attorneys, which reveals how peers and competitors feel about them and the quality of their work. These are quality awards that should indicate to you that the award was well earned.
On the other hand, there are many organizations that "give" awards to attorneys based on a monetary "donation"-- which is, in essence, the attorney purchasing prestige. One prime example of this are the "awards" given by Marquis Who's Who!--which "awards" attorneys who are willing to pay hundreds (and even thousands) of dollars in exchange for the promotion. This practice became so problematic that in 2021, the Federal Trade Commission issued a consumer warning and cautioned that “some of these seals or badges might be ‘vanity' or ‘ego' awards that lawyers can buy.”
How Much Does Civil Litigation Cost in Utah?
Make sure that the lawyer that you hire is upfront and clear about how you will be charged for their services. Civil litigation attorneys can vary in how they charge for their services. Some of the most common methods include:
- Contingency Fees. In a contingency fee agreement, the plaintiff pays nothing up-front. Instead, the attorney will receive an agreed-upon percentage when the plaintiff receives their damages. This is helpful for plaintiffs who do not have money to pay upfront. If the plaintiff does not receive any damages, the attorney does not get paid.
- Flat Fees. In flat fee cases, the attorney agrees to represent the plaintiff for a specific amount of money. No matter how the case concludes, the plaintiff is generally responsible for paying this amount.
- Hourly Rates. In hourly fee cases, the plaintiff will receive a bill from their attorney for the work completed by the attorney at an hourly rate. Often, in these circumstances, a retainer is required.
In all three types of billing, the plaintiff is generally responsible for paying all costs associated with their case on top of the attorney's fees. In some cases when the plaintiff wins, they might be able to demand and receive attorney fees from the defendant.
Contact a Civil Litigation Lawyer in Utah Today
At Wilcox & Mastrorocco, we are committed to providing you with sound legal advice and representation tailored to your needs. If you have specific questions or require legal assistance with a civil dispute in Utah, reach out to our civil litigation attorney by filling out the online form or calling us at (801)-960-4046 to schedule a free consultation and strategy session. Your legal rights and interests are our priority.
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