What is a civil lawsuit?

When the subject of civil law arises, it is clear that many people assume that it is basically the same as criminal law. But, it isn’t. Civil cases are vastly different from criminal cases.

What Is A Civil Lawsuit?

A civil lawsuit is a case where one party alleges that another party has harmed her in some way.  After she files a petition with the court making these allegations, the defendant will be notified and he must provide an answer. There are several types of proceedings that may occur afterward in attempts to settle the matter. If this is not accomplished, the lawsuit will proceed to trial.

During the trial, the plaintiff will attempt to convince the judge or jury that her allegations are true. If she is successful, the consequence is usually monetary compensation awarded to the victim. Criminal justice is a separate system, so even when a person is found at fault in a civil lawsuit, there is no threat of incarceration.

In a civil lawsuit, cases are determined by a standard that makes it much easier for plaintiffs to prove their assertions. That standard is known as a “preponderance of evidence.” Instead of proving beyond a reasonable doubt, a person simply has to prove that her claims are most likely true.  In many states, when a civil case is decided by a jury, it is possible for the plaintiff to obtain a ruling in her favor although some jurors may disagree.

If you are being sued in a civil case or if you are planning to file a case, contact an attorney for advice on how you should proceed.