For the month of September, we are going to focus on the process of filing a civil suit. Hopefully, it’s not a skill we need to use regularly, but for that one time we need it, it’s good to know the steps.
The first step is understanding the differences between a criminal case and a civil suit.
- Criminal law addresses violations against societal rules, and as such,
- These cases are brought by a government representative
- A heavy burden of proof is required -Beyond a Reasonable Doubt- to render one guilty
- A punishment is determined for the perpetrator, typically years served in prison
- Settlement is not an option
- Civil law address violations against a person or property, and as such,
- These cases may be brought by anyone involved and affected by the violation
- A lighter burden of proof is required -By a Preponderance of the Evidence- to render one guilty
- A compensation is determined, usually in the form of a monetary payment or action
- Settlement is usually encouraged and reached before the case goes to court
Since criminal cases are easily filtered through existing laws, remaining offenses are typically resolved with a civil suit. Some common examples of appropriate civil suit issues are: contract disputes, lease violations, unlawful evictions, automobile accidents, medical malpractice, negligence, defective products, familial disputes (custody, adoption, divorce), employment law, and small claims.
Action Claim Service and Action Claim Administrators has experienced professionals to help you understand the information you receive regarding your automobile accident reports, employment files, property damage cases, and more. Our litigation adjusters understand the roles of the defense council and can help you navigate accordingly. Contact Action Claim Service to discuss your civil suit case today.
Continue reading for the next part in our series: How to Decide if you should File a Civil Suit.