Civil litigation is an essential part of our legal system. When someone has been harmed and has suffered damages, they may need to pursue the matter in court. When parties are unable to agree on important issues in a contract or transaction, they may decide to take the matter to court. A lawsuit is a way to resolve the matter in a manner that is fair and impartial to both parties. Civil matters are those that are not criminal but instead involve a dispute between individuals or entities. A litigation attorney will help guide you through the process of a civil case.
Before You File a Complaint
Before you file a lawsuit, you will need to go through the appropriate process to try to facilitate a resolution. Some contracts include requirements for mediation or arbitration. This allows both parties to try to come to a mutual agreement before taking the matter to court. If you cannot agree, you may be able to file a civil lawsuit. Together with your attorney, you will review your case and prepare to file a lawsuit.
File a Complaint
Your civil lawsuit begins when you file a court case. The party who initiates the lawsuit is called the plaintiff, and the other party is the defendant. The complaint details the crux of the matter and provides the court and both parties with information regarding the case. When you file a complaint with the court, you must serve the defendant with the complaint and summons. The defendant is able to respond to the complaint.
Evidence Gathering
Once you file a lawsuit, both parties gather evidence. Your attorney will work to find and review the details of the claim. In some instances, experts are required to review the case and provide their professional opinion. Review of the evidence may also include reviewing videos, deposing witnesses and others, evaluating accident reports, and looking at documents and more. Both sides share evidence during this phase of the lawsuit.
Preparation for Trial
As the case heads towards trial, your attorney will prepare for the presentation of your case. There may be several or more hearings ahead of your case to work out the details of the claim. Pretrial motions will be made and reviewed. Sometimes, parties may agree to a settlement before the case goes to court. A settlement resolves the case when both parties agree to the terms. If there is no offer of a settlement or if a settlement offer is not adequate, the case will go to trial. At trial, the plaintiff must prove that they were harmed due to the actions or inactions of the defendant.
Trial and Final Determination
A trial is the culmination of a lawsuit. A trial may have a jury, or the judge may decide the case. Both sides put on their case and provide evidence, witnesses, and proof to support their position. In a civil case, the plaintiff must prove their claim by a preponderance of evidence. This is less than the requirement in a criminal case, in which the plaintiff must prove the case beyond a reasonable doubt. Once the evidence is presented, the judge or jury will determine the decision. The judge will rule on the outcome, which may include non-economic, economic, and punitive damages.
A civil lawsuit is a way to legally resolve issues between parties. The first step is to discuss the matter with a knowledgeable attorney as soon as possible. Contact our legal team at Moen Sheehan Meyer, Ltd. at (608) 784-8310 or online to schedule a consultation.