Civil law is set aside to provide compensation to a person who has been wronged. In an article published by All Law, a civil lawsuit is defined as “the court-based process through which person A can seek to hold person B liable for some type of harm or wrongful act. Usually, if person A is successful, he or she will usually be awarded compensation for the harm that resulted from person B’s action or inaction.” Civil law is different from criminal law in the sense that while criminal law provides punishment for the offender, civil law provides compensation and other forms of damages to the wronged.
Short (2020) in his article, What Are the Different Types of Litigation Cases? listed different types of civil lawsuits possible. He explained that there are Personal Injury Torts which include accidents, medical malpractice/ negligence, fraud, personal injury, and animal attacks. He also listed contract disputes, action suits, equitable claims, property disputes, and family disputes. Civil lawsuits can be derived from any one of the aforementioned situations.
There is a lot to gain from civil lawsuits and nothing beats getting a lot of money as compensation. Several possibilities can arise out of a lawsuit. You can gain monetary compensation for damages. You can also get an injunction that prohibits the offender from committing a wrong against you in the future. Here are the tips you should take in gaining from a civil lawsuit:
Hire a good lawyer
This is the very first step on your path to success in a civil lawsuit. You have to ensure that you hire a lawyer that has commensurate experience in that area of litigation. Emphasis on litigation. You must note that not every lawyer is specialized in a particular aspect of law. While some are well versed in the intricacies of creating contracts, some are forces to be reckoned with in the courtroom. Even among litigants, there is usually specialization. Some lawyers are divorce lawyers while some are personal injury lawyers. Because of this, you have to make your choice properly.
Allow mediation if possible
Not all civil law cases are settled within the confines of a law court. There is a system provided for by the law to reduce traffic in courtrooms and reduce costs and waste of resources. This system is called Alternative Dispute Resolution (ADR). ADR is a system encouraged by the court and preferred by parties to the lawsuit because of the reduced cost involved and lack of negative publication that has to do with it.
Mediation is an aspect of ADR. It is becoming increasingly popular today more than ever. Allison (1990) in his article, Five Ways to Keep Disputes Out of Court, stated that 90% of all lawsuits are settled out of court. Always choose mediation over litigation because this is a quicker, more private, and less expensive method of solving a case especially in civil cases. A mediator will be available to help reconcile both parties to a point that satisfies both parties.
Tender admissible evidence
Proving a case in civil law is much easier when compared to proving a criminal law case. In a criminal case, the guilt of the defendant must be proven by the prosecution beyond a reasonable doubt. However, in a civil lawsuit, the wrong is proven by a preponderance of evidence. This means if the claimant can provide enough evidence to prove his,/her case, then he/she will have a good chance of winning the case.
Given this, weak evidence will get you nowhere. This is why it is important to provide evidence that will be admissible and understandable. A good way to provide evidence that will be admissible is the use of animations. Animations help to provide clear insight into the technicality of the claim being made. It can effortlessly help you get the complete attention of the jury in a case. However, it is important to hire a good case animator to ensure that only the best is delivered.
Be ready to reach a compromise
If you’re trying to get the best out of a civil lawsuit, then you must be ready to compromise to save money, time and protect privacy. For this reason you have to work hand in hand with your lawyer to get the best deal out of a case. It is pivotal to envisage realistic outcomes in a case and not just hopeless fantasies. As a result, you will be able to win millions of dollars from a lawsuit if possible.
