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In Kuala Lumpur, Malaysia, civil litigation involves legal disputes between two or more parties that seek a certain measure or amount of compensation rather than criminal penalties. It encompasses a broad scope of disputes including issues regarding property, personal injury, medical malpractice, divorce and family disputes, defamation and many others. The procedures and processes of civil litigation can be complex and require careful navigation, hence the importance of a knowledgeable legal professional.
Facing a legal matter, particularly one that could potentially end up with a court trial, can be stressful and complex. Navigating the nuances of the law, filing the necessary paperwork, understanding regulations requiring compliance, and adhering to strict deadlines can be overwhelming to many. Therefore, hiring a lawyer with expertise in civil litigation is often necessary to protect your interests and rights. Legal representation is especially important if the other party involved in the dispute has a lawyer.
In Kuala Lumpur, civil litigation is governed by the Civil Law Act 1956, the Courts of Judicature Act 1964 and the Rules of Court 2012, among others. These legislate procedures for civil cases, from the filing of suits, service and responses, evidence rules, to trial and appeal stages. The statute of limitations for most cases is 6 years, meaning the plaintiff must file the lawsuit within this period.
Disputes related to contracts, property, personal injuries, employment, corporations, construction, insurance, negligence claims, family issues and malpractice, among others, fall under civil litigation.
You should contact a civil litigation lawyer as soon as you anticipate a dispute in which you may need to sue or may be sued. They can provide advice to prevent escalation as well as prepare for potential litigation.
The duration of civil litigation varies and depends on many factors, such as the complexity of the case, the availability of parties and their lawyers, court availability, and more. Some cases may resolve in just a few months; complex cases can last several years.
Most attorneys bill at an hourly rate, but other fee arrangements like contingency fees (no win, no fee) or fixed fees could be applicable depending on the case.
Yes, it is possible to file a civil suit yourself. However, due to the complexity and variety in the laws, it would be in your best interest to obtain legal representation to safeguard your rights.
Contact the Bar Council Malaysia and its Legal Aid Centre for additional assistance. They can provide free legal advice, representation, educational programs and legal referral services.
If you are facing a civil dispute and need legal assistance, it is important to promptly seek legal counsel. Before meeting your lawyer, gather all the relevant documents and information related to your dispute. As you choose your lawyer, consider their experience, resources, communication, and fee structure. Finally, understand that patience is essential as civil litigation can take a considerable amount of time to resolve.
