A civil trial can be stressful for anyone, so consider hiring an attorney to accompany you throughout the experience. The peace of mind that comes with having a legal expert at your side can make all the difference.
For most people, the ins and outs of lawsuits are usually played out on television courtroom dramas. But should you find yourself a litigant in a court case, you’ll definitely need to have a good understanding of how the system works in order to ensure your best chance for a positive outcome.
In the United States, there are two bodies of law: civil cases and criminal cases. A criminal case involves an action considered harmful to society in general, whereas a civil case involves a dispute between individual people or organizations. The focus here is on civil cases since this type of lawsuit is much more common than a criminal case.
When Civil and Criminal Cases Combine
While civil and criminal cases are distinctly different, there are times when an offense can result in both types of lawsuits. An example of this is a case of a drunk driver who kills another person. The state could charge the driver with DUI and manslaughter, a criminal case. Additionally, the victim’s family could file a wrongful death suit against the driver, a civil case that would seek to recover money for damages.
Any drunk driving case carries serious consequences, so if you or a loved one find yourself facing this situation, your best bet is to seek the services of a Washington DUI attorney or one located in your hometown.
How Civil Cases are Categorized
Cases handled in civil court generally fall into four main categories:
- Breach of contract, which involves a set of enforceable agreements that one person fails to complete. An example is a roofer who does not complete the work in a professional manner.
- Property disputes, which involve ownership and use of property. A homeowner who claims a neighbor’s fence encroaches on his property is an example of this.
- Family cases, which deal with issues involving spouses, parents, and children. Examples of these cases include divorce and adoptions.
- Tort, which involves a situation in which one party claims to have been damaged emotionally or physically by the other. This could involve assault and battery or negligence that led to harm, among other possible circumstances.
In addition to the four most common types, civil law also covers cases such as complaints against the city, in which an individual alleges harm caused by the local government, and class action suits, which often involve defective products that damaged a group of people rather than one individual.
How a Civil Case Moves Through the Court
The specifics vary by jurisdiction and by the particulars of a given case, but there is a general flow that most civil lawsuits follow as they move through the court system. First, one party files a complaint against the other, who then files a response. The time between the initial filing of the lawsuit and the actual trial is the pre-trial stage. Both sides gather evidence and witnesses, exchange information, and may discuss an out-of-court settlement.
If no settlement is reached, the case goes to the trial stage and is heard by a judge or a jury. This stage could last an hour or several months, depending on how complicated the case is. Eventually, a judgment is entered, and the case is decided. After the judgment, in the post-trial stage, the winning party may pursue any awarded damages, and either party could appeal the judgment itself.
What to Do When Faced with a Civil Lawsuit
If you find yourself involved in a civil lawsuit, take a deep breath. Understanding the basics of civil law is a great first step. From there, you’ll want to make sure you know exactly what the lawsuit involves so that you can prepare to tell your side of the dispute in the clearest, most compelling way possible. Think through all the possible arguments and questions the other party may have, and be prepared to answer them convincingly.
A civil trial can be stressful for anyone, so consider hiring an attorney to accompany you throughout the experience. The peace of mind that comes with having a legal expert at your side can make all the difference.
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