Home

Privacy
About Us
Contact Us
Link To Us
Advertise
Personal Injury Blog

IN LAW

Assault & Battery
Bad Faith Insurance
Car Accidents
Clergy Sexual Abuse
Defamation of Character
Definition of Libel
Dog Animal Bites Law
Dram Shop Liability
DUI Laws
Elder Abuse Law
Employment
Enviornmental Law
False Arrest
False Imprisonment
Gender Discrimination
Infliction of Emotional Distress
Invasion of Privacy
Legal Malpractice
Malicious Prosecution
Nursing Home Abuse & Neglect
Personal Injury Advice
Personal Injury Cases
Personal Injury Claims
Personal Injury Compensation
Personal Injury Insurance
Personal Injury Investigations
Personal Injury Lawsuits

Personal Injury Settlements
Police Misconduct
Premises Liability
Recovered Memory
Restorative Justice
Settlement Funding
Sexual Harassment
Slander Laws
Whistleblower Laws
Wrongful Death

Wrongful Termination

OF LAWYERS

Personal Injury Lawyers By State:

AK AL AR AZ CA CO CT DC DE
FL GA HI IA ID IL
IN KS KY LA
MA
MD ME MI MN MO MS MT
NC
ND NE NH NJ NM NV NY
OH OK OR PA RI SC SD TN
TX
UT VA VT WA WI WV WY

Personal Injury Lawyers
-
Asbestos
- Car Accident
- Domestic Violence
- Medical Malpractice
- - Birth Injury
- - Brain Injury
- Product Liability

LEGAL TERMS

Legal Terms & Definitions
- Civil Lawsuits
- Class Action
- Compensatory Damages
- Definition of Tort
- Informed Consent
- Intentional Torts
- Loss of Consortium
- Negligence Claims
- Punitive Damages

-Statute of Limitations

OF MED. MALPRACTICE

Medical Malpractice
- Birth Injuries
- Brain Injuries
- Dental Malpractice
- Gastric Bypass Litigation
- Medication Errors
- Psychiatric Malpractice

Of Products ...

Product Liability
- Bextra
- Celebrex
- Mesothelioma
- Ultram
- Vioxx

Medical Injuries ...

Back
Foot
Hand
Knee
Mesothelioma Treatment
Shoulder

Spinal Cord

Specific Injuries ...

Asbestos Dangers
Avoiding

Blast
Boxing

Electrical
Fireworks

Lifting

Personal Safety

PPH
Skateboard
Slip and Fall
Sports

Of Interest

Celebrity Lawsuits
Frivolous Lawsuits
Funny Accidents
Hurricane Katrina
Jessica Lunsford Act
Lawsuit Abuse
Megan's Law
Tort Reform
Weird Accidents

More Info
News
FAQs
Resources

 

 

 

 

 

Civil Lawsuits

Under civil law, the plaintiff or the suffering party files a claim for monetary damages against their offender or a third party, known as the defendant, for causing physical or emotional injuries. A civil lawsuit does not aim at finding whether the defendant is guilty of the crime; rather, it seeks to understand whether the defendant is, in any way, responsible for the injuries suffered by the victim.

Personal Injury Lawyer Referral
Find a qualified and extremely competent personal injury lawyer in your location.
 

If the allegations prove correct, the defendant must pay the damages to the plaintiff. Civil lawsuits primarily deal with wrongdoings not criminal in nature, such as personal injury, negligence, wrongful termination, breach of contract, premises liability, fraud, intellectual property rights, discrimination, unfair labor practices, among others.

The standard of proof in civil lawsuits requires the plaintiff to prove the claim against the defendant under the "preponderance of evidence" standard. If the respondent or defendant files a counterclaim, the burden of proof shifts to them. The facts presented must be convincing enough to marginalize the counterarguments. A victim is free to file civil lawsuits against the allegedly guilty parties, irrespective of the outcome of any criminal prosecution.

Filing Civil Lawsuits

Before filing any complaint or claim in the court, the victim first meets their attorney and consults with them on their complaint. This is the "pre-filing" stage and the attorney learns from the complainant what exactly happened and then determines whether the claim is worth pursuing under the laws of the state.

Following the pre-filing stage comes the pleading stage, when the complainant or plaintiff files a complaint against the defendant with a court. The court clerk stamps the court seal on the summons, which, along with a copy of the complaint, are then served upon the defendant. The defendant learns the nature of the claims and then files an answer in their defense along with any counterclaims against the plaintiff.

If the defendant seeks to challenge the motion, he files for a motion to strike or demurrer. It is necessary that the motion filed by defendant is heard before the civil action can proceed. In such a case, the court grants a leave to the plaintiff to amend the complaint, following which, the complainant files an amended complaint and the entire process begins all over again.

Then both parties get the opportunity to review the evidence and if they so desire, they might attempt to settle the case then and there. Some states require compulsory, though non-binding mediation, wherein an independent panel makes a settlement recommendation after a thorough review of the pleadings and evidence. The case goes to the trial stage if no settlement is reached.

The jury (or sometimes a judge) will hear both sides and then make a factual decision.

Differences Between Civil and Criminal Lawsuits:

  • Civil lawsuits are filed by private parties, whereas criminal suits are filed by government agencies such as a district attorney.
  • Outcome in case of civil suits is usually less severe than that in criminal cases in terms of punishing individuals.
  • Civil lawsuits are subject to the preponderance of evidence standard, wherein initially, the plaintiff carries the burden of proof and is required to present substantial evidence to substantiate his claim, whereas in criminal lawsuits, the government must prove a defendant guilty beyond a reasonable doubt because unless proven guilty, the defendant is considered innocent.
  • Civil lawsuits require 10 of 12 jurors to agree on a decision, whereas criminal lawsuits require all 12 jurors to reach a unanimous decision.


 

 

 

 

 

 

 

 

 

 

 


 

 


 

  COPYRIGHT 2016 ALL RIGHTS RESERVED Major Injury Law