Civil Lawuit

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Civil Lawuit

A civil lawsuit is a case that is non-criminal and usually involves a private individual or business that sues another to protect, enforce, or redress private or civil rights. Many civil lawsuits seek damages in the form of monetary redress and may be filed even if the defendant was found not guilty in a criminal suit for the same offense. Civil lawsuits typically are filed against individuals, companies, and non-profit organizations.

Most civil lawsuits involve the use of legal representation. These are licensed attorneys hired in order to facilitate the nuances of the legal proceedings. Some civil lawsuits can be filed without the use of attorneys as well. Attorneys do, however, have insight and years of experience in trying civil lawsuits and most people use lawyers in their complaints. 

Civil lawsuits may begin with the filing of a complaint before a court of law. The lawyer files the complaint which specifically names the defendant, the alleged damages, why the damages were illegal, and details of the incident. The complaint in a civil lawsuit is basically letting the court of law know why the suit is being sought in the first place.

Some civil lawsuits, especially personal injury suits, are handled primarily out of courts of law. These types of civil lawsuits take place as correspondences between the defense and the plaintiff.  The lawyers for the plaintiff notify the defense lawyers of the pending case and may offer some settlement in lieu of taking the case to trial.  Many cases are settled out of court because of the expenses involved in court trials.

If a court is involved in a civil lawsuit, a judge must examine the filed complaint in order to determine if a trial or complaint is warranted by law. During this examination period, the defendant can also submit evidence that could get the case thrown out.

In a civil lawsuit that goes through the courts, the defendant is usually served with a notice of the suit by the court that allows them to obtain legal representation to defend them if they do not already have it. During this time the defendant may challenge the civil lawsuit and address any issues they may have about the case.

Once the case gets approved by the judge the civil lawsuit then moves into the “discovery” phase.  During discovery, each side shares all of its evidence and witnesses or any other matter that they may reveal during the trial.  Discovery ensures that there are no surprises for either party while the civil lawsuit is underway.

After discovery there is either a jury selection or a trial involving only a judge.  The verdict is either read by the jury or the presiding judge and is enforceable by law.  Most civil lawsuits require a monetary award.  The court watches the transaction of the award carefully and further legal action can be taken to ensure the award is actually given out.

Civil lawsuits are a common and sometimes necessary occurrence in the legal system and help victims address wrongs that have occurred against them.  Civil lawsuits give victims the power to maintain and exercise their constitutional rights.