Civil Litigation FAQ

Civil litigation is different from criminal law, in that the injured party files a lawsuit in a civil case, while the government files the lawsuit in a criminal case. A civil case involves two or more individuals or organizations, with compensation being awarded to the injured party.

There are several legal terms that are beneficial to understand:

Plaintiff:  The person or party who initiates a lawsuit.

Defendant: The person or party being sued or accused.

Complaint: The claims that a plaintiff is making against a defendant.

Answer: A statement written by the defendant in response to the plaintiff’s complaint.

How does the injured party file a lawsuit?

A lawsuit is initiated by the plaintiff filing a complaint against a defendant. Once a complaint is filed, the defendant is responsible for filing an answer. After all paperwork has been filed with the court, the Discovery Phase of the case may begin.

What is involved in the Discovery Phase?

After the defendant files his or her answer with the court, both the plaintiff and defendant begin the Discovery process. Each side presents all of the facts regarding the case so neither party is unfairly blindsided by undisclosed evidence at the trial. This process may include “interrogatories,” written questions that are answered by each party, or “depositions,” questions answered by witnesses under oath and recorded by a court stenographer.

What is an Out-of-Court Settlement?

Not every civil dispute ends up in a courtroom. Because the dispute involves private parties, the parties may agree to a settlement that both find acceptable. In many cases, a settlement is preferred over a trial, as each side knows what the outcome will be with a settlement and it eliminates the risks, uncertainty, and expense of going to trial.

Do I need a lawyer for my civil litigation case?

While many disputes can be settled before filing a lawsuit, it may be in your best interest to hire an experienced civil litigation lawyer. In cases involving a traffic accident, the insurance company may try to settle for the lowest amount possible. An attorney will have your injuries evaluated to determine a fair settlement to treat your injuries and compensate you for lost wages.

If you cannot reach a settlement, it is important to have a legal representation on your side in court. The Rules of Civil Procedure are complicated, and failure to follow the rules to the letter of the law may jeopardize the favorable outcome of your case.