Court cases that involve people and businesses over the money or any kind of personal injury disputes fall under the category of civil lawsuits. The legal process of civil lawsuits begins when a person or a business claims to have been injured by the other side’s action.
The plaintiff starts with a court case by filing a complaint. The complaint outline the following:
- Ask the court for the damage compensation.
- Ask the court for the Injunction. Here the court orders the other party to restrict their action against the plaintiff.
- Ask for declaratory judgment.
Eventually, the judge will go through the case and read the document before determining the severity of the case. Then, based on their analysis, they will come to a judgment which both sides have to follow. To better understand how the legal process of civil litigation works, contract Bendell law firm.
Types of Civil Cases
When it comes down to civil cases, the court handles a wide variety of cases. The diversity of cases differ from case to case basis. However, if we try to categorize all the civil lawsuits under subjective categories, they would be like.
- Contracts Claims: A breach of contracts happens when a person or a business fails to keep their end of the bargain mentioned in the contract. When that happens, the other person in the business files a civil lawsuit.
- Tort Claims: A TORT refers to a wrongful act that has resulted in someone’s injury, property damage, or hurt the reputation. In these types of cases, the plaintiff is liable for financial compensation.
- Land-Lord Tenant Claims: if there is a dispute between a landlord and tenant, the case is brought forward in civil courts.
- Equitable Claims: Equitable claim is asked by the plaintiff to the court to order their action against the plaintiff. The results can also be coupled with financial compensation.
Important Things To Know About Civil Litigation Lawsuits
Civil Lawsuit arises from the materialistic problem. We have already discussed the types of civil lawsuits in the above section of the article. There you will find that the cases are always related to some problems that are unintentional and lack severity.
Here we further explained the other important things that you need to know about Civil litigation lawsuits.
1. Who Can File A Civil Litigation Lawsuit?
Before you can start filing a civil lawsuit, you must understand the requirement or atleast who has the right to file a civil litigation lawsuit. Here, if you are a person or a business that has suffered any kind of damage or injury due to the other person or business’s fault, you have full right to file a civil lawsuit against them and claim suitable compensation.
2. What Are The Stages Of Civil Lawsuit Trial?
Most of the civil lawsuits end their life during the settlement phase. However, there are some cases that are more severe than the others and find their way into the courtroom. Once the case is in the courtroom, there are eight-person juries that look into the case.
Here are the phases of a civil litigation lawsuit.
- Jury selection.
- Opening statements.
- Witness testimony.
- Cross-examination.
- Closing arguments.
- Jury instruction.
- Jury deliberation.
- Verdict.
3. What Happens During The Trial?
The trial is the phase where you need to burden the case and prove your claims by providing relevant evidence. First, the evidence is submitted by one or both sides of the party. Then, the jury goes through the evidence and determines whether the defendant is liable for any compensation or not.
4. What Does It Mean To Get Served?
There is a term “Served” used in any litigation process. It is a legal process where the plaintiff needs to offer a legal notice to the defendant and all the documents filed in the court. This “Service of Process” is usually done by a third party known as Process Server. It is a legal action that needs to be done by the plaintiff so that the case can be fought on equal grounds.
5. How Does The Pleading Process Work?
The pleading process is when the plaintiff provides all the documents to the court and tries to prove their case. This process also involves the defendant where they will be responsible for defending the case by providing relevant documents. For instance, if you are injured in a car accident, you hire a Personal Injury Lawyer in Post Falls ID to represent your case.
6. What Is The Discovery Process?
In every case, there is a phrase that is known as the discovery process. A discovery process is a tenure in which both sides gather relevant information, evidence, and documents to strengthen the case.
No matter what your claims are, you need to have a legal document to prove your claim. Without the legal documents, your claim will be null and void. Furthermore, you are not allowed any evidence from the other party. This is done to ensure both sides get equal chances to prove themselves.
Discovering evidence might include:
- Eyewitnesses.
- Documents.
- Witness testimony.
- Police reports.
- Physical evidence and all the other things that have a direct or indirect connection with the case.
7. The Appeal Process
The appeal is done when one side of the party is not happy with the judgment. They can collect the documents and appeal the case to an appellate court. The appellate court will look for any errors that took place during the trial. If the appellate court finds any irregularities in the case or verdict, they might overturn the judgment.
Talk To Your Lawyer
Unless you are well versed in law and want to represent your case in the courtroom, you must always consult with a lawyer before moving further with the case. If you do not have a lawyer, look for a lawyer that matches your needs. Here is a guide that will help you find what kind of lawyer you need.
Once you have a responsible lawyer by your side, you will find that the process of civil litigation has smoothed up a bit, and your lawyer is handling all the documentation process.
