Civil Law

Yes, in most cases, legal action should be the last alternative. This is due to the costs involved with the process, not only financial, but also in terms of time and the uncertainty of the decision. The extrajudicial phase is never wasted, it serves as preparation for the process, so that the parties know each other's arguments and documents and are able to make a good assessment of the case, understand what the other party wants, estimate risks and outline a strategy of how to proceed and how much to insist on the process. From the judges' point of view, they appreciate a compositional stance rather than immediate judicialisation.
In some cases, however, the judicial measure is the only option, especially in emergency situations or when there is a risk of losing the right. This should be carefully assessed with your lawyer.

Definitely. It is important to know that the right to take legal action is not eternal. For each situation there is what we call a limitation or prescription period, depending on the case. Thus, the first information a client should get from his or her lawyer is what is the deadline to start the lawsuit and be aware that the extrajudicial negotiations take place during this period, monitoring so that the lawyer takes the necessary judicial measure before the statute of limitations or limitation.

Civil law often deals with compensation for damages, i.e. the payment by the infringing party of the losses it caused to the innocent party. These damages can arise from many different types of legal relationships: real estate, contractual, tort, consumer, commercial relationships, etc.

The main one is the repair of material damage, which is the measurable, objective damage caused to the party, such as, for example, in a car accident, the payment of the vehicle repair and medical expenses.

But, besides material damages, the party may request the payment of moral damages that do not have a market price because they are damages caused to the image, appearance, reputation, privacy, etc. They are, therefore, usually arbitrated by the judge. Thus, in the example of the car accident, if the innocent party has been left with scars on his face, this is aesthetic damage, susceptible of compensation for moral damages.