How to file a civil lawsuit
A civil lawsuit is different than a criminal case. There is more involved, and it is a bit more complicated to understand at first. A civil suit is full of different variables.
To file a civil lawsuit, you must first understand the world of torts. Torts can be intentional or not. A tort is a civil wrongdoing against a victim. In a tort case, the victim recovers a monetary amount for damages and not a criminal charge.
In a civil lawsuit, before the complaint can be filed, the attorney must first conduct an investigation on his or her own. This investigation will determine if there is an actual case, and if there is, they will file the complaint.
Complaint. A complaint is the initial step in filing a lawsuit. There are four elements to a complaint, and they are jurisdiction, claim, parities and damages.
Defendant response. The defendant’s response is simply giving an answer to the complaint. The answer can go either way with the defense.
Discovery. Discovery is the step in which both parties are able to ask questions and retrieve evidence from the other side. The questions asked are usually the depositions. These are sworn testimonies.
Pretrial procedures. A pretrial procedure is like a conference. A settlement agreement could be discussed. It is simply a conference on an upcoming trial.
Trial. A trial is exactly as it says it is. This includes opening and closing statements, evidence and a verdict. The trial will present the evidence to the judge or jury to determine if the defendant is liable for the damages.
Post-trial procedures. The post-trial procedure is when an appeal or a motion for a new trial takes place. Post trials may not involve an appeal or the motion. It all depends on the outcome of the lawsuit.
Tort law is sometimes hard to wrap your brain around. The more knowledge and research, the easier it will be to understand. In a civil lawsuit, there will not be any charges filed against the defendant. You can be held liable for damages in a civil lawsuit and be found guilty in a criminal case.
The key to understanding the civil lawsuit is to not confuse it with the criminal side. This will eliminate a lot of confusion on your part. You have to learn to be patient with civil lawsuits and the terms and outcomes.