What is a Civil Lawsuit? Key Facts Explained

A civil lawsuit involves resolving disputes over contracts, debts, property damage, or personal injuries through the court system. Key differences between civil and criminal cases include burden of proof, judgment outcomes, and legal procedures.

By Brad Nakase, Attorney

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Table of Contents
1. What is the meaning of a civil lawsuit?
2. Differences Between Civil and Criminal Cases
3. How Do You Know When to Bring a Civil Lawsuit?
4. Civil suits include lawsuits for personal injuries
5. Take note of the Time Limit as Part of a Civil Case
6. Is Legal Counsel Necessary in a Civil Case?

What is the meaning of a civil lawsuit?

In a civil lawsuit, one party (often a private company or government agency) sues another (often an individual or other private party) for monetary damages. Conflicts in civil cases often center on:

  • Contracts and commercial transactions
  • Collecting debt
  • Damage to property
  • Injuries to persons

Differences Between Civil and Criminal Cases

There are some significant distinctions between criminal and civil courts.

  • Anyone Can File a Civil Suit: A private party, such as an individual or company, typically files the initial paperwork for a civil lawsuit when it asserts a claim for damages. However, in criminal cases, the state’s prosecutor or another official representing “the people” of the state brings accusations against the accused.
  • In a civil case, the burden of proof is less. The standard by which a case is decided is known as the “burden of proof” in the legal system. “Preponderance of the evidence” (a more-than-not standard) is what the party suing (the “plaintiff”) in a civil lawsuit is required to show. Proving guilt “beyond a reasonable doubt” is an extremely high bar to clear in a criminal prosecution.
  • Judgment for civil defendants is monetary rather than punitive. Money is often at the heart of civil proceedings. It is common practice for the party at fault in a civil lawsuit (the “defendant”) to pay the plaintiff for any financial losses or injuries sustained as a result of the accident (the “damages”). The plaintiff in a legal matter may be seeking an injunction or other form of restraining order from the defendant. Discipline is the central issue in criminal proceedings. A person found guilty of a crime may be subject to monetary fines, community service, probation, imprisonment, or any combination thereof.

How Do You Know When to Bring a Civil Lawsuit?

It could take a lot of time and money to file a lawsuit in civil court. Filing a lawsuit isn’t the best way to resolve a legal problem, but it may be essential in some situations:

  • There is no insurance policy that may reimburse you for your losses, therefore filing an insurance claim is out of the question.
  • You have exhausted all other avenues of amicable resolution, including mediation, but the other party remains unmoved.
  • The defendant in your case possesses substantial wealth that could easily cover any court judgment you could obtain.
  • The magnitude of your losses justifies the expenditure of time and energy required to bring a lawsuit.

Most likely, the last two situations on the list above are the most important. If the defendant cannot afford to pay you whatever damages you may receive from a court judgment, there is no point in suing them. The civil court system isn’t the place to go if you’re planning to sue over several thousand dollars. However, small claims court could be an alternative.

Civil suits include lawsuits for personal injuries

Among the many types of civil court cases, personal injury lawsuits are among the most prevalent. These lawsuits can arise from:

  • Car crashes
  • Slip-and-fall events
  • Libel
  • Medical malpractice
  • Faulty products
  • Malicious acts like assault

A personal injury lawsuit begins with a formal court complaint. Remember that most personal injury lawsuits settle before the trial even begins, even though this is one of the initial steps of a lawsuit. It is common practice to resolve damage claims through insurance before resorting to litigation.

Take note of the Time Limit as Part of a Civil Case

Civil cases are subject to deadlines established by statutes of limitations. There are statutes of limitations for certain types of cases that differ from state to state, but these laws are present in every state. You nearly always lose your case when you wait too long to file a lawsuit since you didn’t begin the process before the deadline. As a result, you must be familiar with and adhere to your state’s statute of limitations.

Is Legal Counsel Necessary in a Civil Case?

This question does not have a simple yes or no response. The specifics of your case (such as the amount at risk) and your determination to seek a just resolution will determine a lot. While it’s true that having a seasoned attorney on your side can greatly improve your chances of winning a civil case, there are times when you might consider representing yourself.

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