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When a party seeks compensation for a wrongdoing committed by another party, the injured or aggrieved party can file a civil suit. A civil suit is a lawsuit whereby the plaintiff claims that the defendant’s actions or negligence caused damages (losses and/or suffering). In a civil suit, no crime has occurred, per se, but some wrongdoing has been committed. Through a civil suit, the plaintiff seeks money from the defendant. A civil suit can also be a divorce case, during which the court determines the division of marital assets, spousal support, child custody, child support, and other pertinent matters.
A civil suit is different from a criminal case. A criminal case is filed by the prosecutor charging an individual with committing a criminal act. If convicted, a criminal defendant can face fines, incarceration, and a variety of other penalties. If a defendant is found guilty in a civil suit, they are typically required to pay restitution to the aggrieved plaintiff. This money is intended to compensate the plaintiff for the damages they have suffered.
One major type of civil suit is the personal injury case. A personal injury civil suit is filed by a person who has suffered bodily injury as a result of another party’s actions or negligence. This type of civil suit can include a number of legal disputes involving such matters as vehicle accidents, slip and fall and premise injuries, work related accidents, exposure to toxins, medical malpractice, nursing home abuse, wrongful death, defective drugs and other products, dog bites, and much more. A civil suit can also involve contract disagreements, real estate matters, and other non-criminal legal disputes.
In a civil suit, the plaintiff must prove by a preponderance of evidence, that the defendant committed the acts in question. They must also show that the defendant’s actions or negligence caused the damages suffered by the plaintiff. The burden of proof required in a civil suit requires that the plaintiff prove their version of the facts is “more than likely” to be true. This burden of proof varies greatly from the one required in a criminal case.
In a civil suit, the injured or aggrieved party can seek economic and non-economic reparations. Economic damages can include medical expenses, other out-of-pocket expenses, loss of income, and the like. Non-economic damages are intended to provide compensation for pain and suffering, disability, loss of consortium, and more. In some cases, where the wrongdoing was intentional or malicious, the court may also order punitive damages. Punitive damages in a civil suit are intended to punish the defendant and deter them and others from committing similar acts in the future.
A civil suit must be filed within a certain time period. This time period is called the statute of limitations. In most cases the statute of limitations in a civil suit begins at the time of the wrongdoing, though in some cases it begins at the time of discovery. A civil suit must be filed within that certain period of time for the claim to be valid. The statute of limitations varies by case and circumstance.
If you would like to learn more about your legal rights and options in a civil suit, enter your state in the blue box at the top of this page to contact a qualified and experienced attorney in your area.
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