If you have a legal dispute with a person, business, or entity, there are a few ways to resolve it. As a private citizen, your best option might be to file a civil claim.
Last year alone, more than 286,000 civil cases were filed in district courts across the US. Such cases deal with personal injuries, reputational damage, or a violation of the rights of an individual.
If you’re wondering whether the civil court is the best place to resolve your legal dispute, you have come to the right place. Read on to find out exactly how to file a civil case in 2022.
When to File a Civil Claim
You do not always need to head to claims court to solve a legal dispute. However, there are some occasions when this is the best option. You should consider a civil case filing for the following cases:
- Personal injury claims
- Contract disputes
- Property disputes
- Class action suits
- Reputational damage
- Small claims (less than $35,000 in damages)
- Tort claims
- Landlord/tenant disputes
These are the types of claims that the civil court is specifically designed to process.
Benefits of a Civil Claim
So, why opt for a civil case over, say, a criminal case? Well, the main appeal of a civil case is that anyone can bring a civil case to court. In other cases, only prosecutors or attorneys can bring forward a case.
Meanwhile, the burden of proof is much lighter in a civil claim than in other types of claims. The burden of “proof without reasonable doubt” is absent in civil cases.
Finally, a civil claim is usually settled in dollars, rather than with jail time. This makes civil claims more appropriate for personal disputes.
Get a Civil Claims Lawyer
Before your case filing, you should always secure a qualified, competent civil claims lawyer. The most important things are to ensure that your lawyer is well-versed in local civil laws and that they have proven experience in your case area.
For example, a plaintiff would use this personal injury attorney if they lived in Beaumont, TX, and wished to file an injury claim. Choosing the right lawyer will give you the strongest chances of success.
Prepare Your Case
Before you file, meet with your lawyer to ensure that your case rests on solid foundations.
Now is the time to compile all evidence and documents related to your claim, as you can bet that the judge will request to see them if your civil case goes to trial.
Established your timeline of events clearly and make sure that your claim for damages is airtight.
File Your Claim
Now, it’s time to file your claim. The process for writing and filing a civil complaint varies widely by district, which is why you should use a local lawyer who can prepare a suitable complaint.
You will file the complaint at the local courthouse, after which the defendant will be “served” with that complaint.
In all civil cases, the judge will prefer that the plaintiff reach a resolution quickly. If this fails, the case will have to go to trial. When this happens, you will need a competent lawyer with a strong track record of trial success.
Find the Right Legal Solution for You
As we have seen, a civil claim can be the correct approach for a wide range of legal disputes. However, this is not always the case.
To find the best legal solution for your problems, we are here to help. Make sure to consult our expertly curated laws database to find practical solutions that you can rely on.
