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The Steps of a Civil case

You need a lawyer to help you when you are demanding compensation for the damages that the negligence of another party has caused. The civil case process is explained below.

The first step is to file a complaint. In the complaint you explain how the defendant caused harm to you, why you are seeking for compensation and why the local court has the power to pass judgment over the case. The defendant is given a chance to counter the complaint that the plaintiff has made. The defendant has to explain the occurrence of the events to show that the plaintiff is wrong, the reasons why the events occurred and counter the legal basis that the plaintiff is using to file the complaint. The Defendant can turn the case into a two way battle by filing a counterclaim that states that the plaintiff owes him or her a compensation.

After the complaint has been filed the parties are responsible for searching for evidence to build a case. The parties are allowed to interview witnessed in official depositions. The parties have to share the evidence that they get and their arguments. When one party finds evidence that I more convincing than the evidence of the other party or both parties cannot keep up with the costs of the case, the case is settled at the discovery stage.

The parties have to present their witnesses, pieces of evidence, and arguments before the judge if the case goes to trial. You are risking a lot when you take the case to trial because you cannot predict the decision of the jury not the time the case will take to be settled because it can take a longer or shorter time than you have predicted. The magistrate will the decide the party that is at fault, how much the party is at fault, award a compensation amount (based on the financial ability of the party), and state the value of the demands in monetary terms.

You have the right to appeal the judgment when you lose the case, and you are not satisfied with the ruling. The higher court can overturn the ruling and hear your case or they can decide to let the ruling stand because you are not guaranteed that the courts will hear your case when you appeal the judgment. You have the right to appeal the judgment under the conditions that a there was a technical or a legal mistake if the other party made a mistake when filing the lawsuit, or the jury was biased. When you appeal the judgment, you may have to wait for a few more months before the ruling is passed. You can choose to settle the case instead f taking it to trial but when you are not getting fair compensation is it brave of you to take the case to trial and seek justice.

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