Mistakes People Make in Civil Lawsuits and How to Avoid Them

Civil lawsuits in Maryland can be complicated and challenging. While every case is unique, many parties in litigation fall into traps that end up costing them more money or weakening their position in court. Avoiding these common mistakes can make a difference in how smoothly your case proceeds—and perhaps whether you win or lose.

1. Waiting Too Long to Take Action

Civil lawsuits in Maryland are governed by statutes of limitation, which place firm timeline restrictions on bringing a lawsuit. If you wait too long to file, you may permanently lose your right to sue—even if your case is otherwise strong.

How to Avoid It:

• Speak with an attorney as soon as a dispute arises, or when you first discover the problem.
• Don’t assume the other side will “work it out” or that delays in filing suit won’t matter.

2. Trying to Handle It Without a Lawyer

Many people believe they can save money by representing themselves. While you can file a lawsuit on your own, civil lawsuits can be surprisingly complex. Mistakes in pleadings, missed deadlines, or incorrect procedures can harm or sink your case.

How to Avoid It:

• Consult with an experienced Maryland civil litigation attorney before you decide to proceed on your own.
• Even if you are thinking of representing yourself, at least consider consulting with a lawyer before making this decision.

3. Ignoring Court Deadlines and Procedures

Maryland courts enforce strict rules about when pleadings and documents must be filed and how they must be served. Missing a deadline or filing paperwork incorrectly can result in your case being dismissed—or judgment being entered against you.

How to Avoid It:

• Keep a detailed calendar of all deadlines.
• Consult with a lawyer who understands legal procedures and deadlines.

4. Not Preserving Evidence

Emails, texts, contracts, receipts, videos, and photographs can all be critical to your case. Too often, people delete or lose key evidence—or fail to gather it until it’s too late.

How to Avoid It:

• Save all communications and documents related to the dispute.
• Keep digital backups in case devices are lost or damaged.
• Share evidence with your attorney early.

5. Letting Emotions Take Over

Civil cases can get personal. But angry emails, threats, or outbursts only weaken your credibility and may even hurt your case.

How to Avoid It:

• Stay professional in all communications.
• Let your lawyer handle direct contact with the other side whenever possible.
• Focus on facts and legal strategy, not emotions.

6. Failing to Consider Settlement

Some clients insist on “having their day in court,” even when a settlement could resolve the case faster and with less expense. Litigation is costly, stressful, and time-consuming.

How to Avoid It:

• Keep an open mind about mediation or settlement negotiations.
• Remember that a fair settlement can often save you money and achieve your goals without the uncertainty of a trial.

Civil lawsuits in Maryland can be intimidating, but avoiding these common mistakes will give you a stronger chance of success. The best step you can take is to work with a knowledgeable attorney who can help you navigate Maryland’s civil court system and can guide you through the process. Contact the firm of Lewicky, O’Connor, Hunt, & Meiser today for legal guidance.