The term “lawsuit” is heard often in media, shows, movies, and everyday life, but what does a civil lawsuit really entail? This will give you some insight as to what you need to know about civil lawsuits and help you out if you are unsure if you need to file one.
What Is A Civil Lawsuit?
A civil lawsuit is a dispute between two parties not based on criminal actions, civil litigation is when one party files a complaint seeking compensation. The person filing the complaint is known as the plaintiff and the other party is known as the defendant. There are a variety of things that could be brought to civil court, all situations not involving criminal activity.
What Is A Complaint?
The complaint will describe the plaintiff’s damages or injuries, describe how the defendant is at fault for these damages, demonstrate that they are in the proper jurisdiction, and will ask the court for relief. The relief they are asking for could be monetary compensation for the damages or injuries, or it could be simply asking the court to put an end to the defendant’s actions that are causing harm.
Do I Have To Go To Court?
In order to save money and time, it is encouraged that both parties try to come to an agreement outside of court. This could be done through methods such as mediation, arbitration, and other alternative forms of conflict resolution. Usually you are able to agree on a settlement but if not then the case can continue to trial in order to come to a resolution.
What Happens If We Go To Trial?
If you go to trial there isn’t much you need to worry about when it comes to evidence and technicalities if you have an attorney. Your attorney is well educated and knows the requirements for evidence and proceedings and likely has experience with similar cases that will allow you to have some stress relief.
What Are Some Examples Of Civil Court Cases?
Some examples of types of cases you can go to civil court for are things such as contracts, family law, and class action lawsuits. For contract issues, these cases usually involve a breach of contract. If you have a contract and one party does not uphold their end of the deal then you may be able to take them to civil court, and likewise if you don’t uphold your end. A contract is legally binding which allows one party to take the other to court if something goes wrong. Another very common type of issue that makes its way to civil courts is disputes with landlords, one reason for taking your landlord to court could be because of injury. If there is a hazard on your landlord’s property that causes damage or injury to you, that the landlord was aware of yet neglected it, then you could go to court and ask for relief.
How Do Civil Lawsuits End?
Civil lawsuits are either decided by a jury, judge, or settlement between parties. If there is enough evidence favoring the plaintiff, then the defendant will need to pay money to fully cover the damages caused by them. If the plaintiff does not show enough evidence to prove that the defendant caused these damages then they will not be awarded with compensatory money.
Hiring an attorney can be extremely beneficial if you are in a situation where you need to file a civil lawsuit for any reason. Attorneys have extensive knowledge of the law and plenty of experience that will help you with your issue and they will work hard to get you the compensation you deserve.
Thank you to our friends, the personal injury lawyers at Brandy Austin Law Firm, for the above blog.