Introduction to a Civil Lawsuit In a civil lawsuit, most of the time the victim brings a case for money damages

against the offender or a third party for causing physical or emotional injuries. Regardless of the outcome of any criminal prosecution, or even if there was no prosecution, crime victims can file civil lawsuits against offenders and other responsible parties. The person who starts the lawsuit is called the plaintiff, and the person or entity against whom the case is brought is called the defendant. Unlike a criminal case, in which the central question is whether the offender is guilty of the crime, in a civil lawsuit, the question is whether an offender or a third party is responsible for the injuries suffered. In a civil suit, unlike a criminal prosecution, the plaintiff is responsible for the cost of litigation. Most attorneys handle victim cases on a contingency basis, which means that the attorney fee is deducted from the final award. This allows individuals to have access to the civil justice system without the need to finance the case themselves. If the case is not successful, the victim usually pays nothing. In a civil suit, the attorney directly represents the victims interests and the victim has greater control in case decision-making than in a criminal prosecution. Standard of Proof This standard of proof in a civil lawsuit is significantly easier to satisfy than the beyond a reasonable doubt standard of a criminal case. In a civil lawsuit, the case must be proved by a preponderance of the evidence, that is, by enough evidence to conclude that it is more likely than not that the victims claims are true. A victim can still pursue a civil lawsuit, even if the criminal prosecution resulted in a not guilty verdict. Criminal prosecutions require a unanimous decision by all twelve jurors, which can be difficult to achieve. Within a civil lawsuit, there are a few steps to foolow: Step 1 - Demand Letter The first step in many civil lawsuits is for the lawyer to send a private demand letter outlining the victims legal claims and harm suffered. The letter usually states that the victim intends to file a lawsuit unless the parties can reach a private settlement. The demand letter may lead to resolution of the case without filing a formal lawsuit. Step 2 - Complaint If the case is not resolved by a demand letter, or if one is not sent, a complaint is filed. The complaint is a written description of the victims legal claims against the defendant(s). The complaint is filed in state or federal court, depending on the nature of the case. Step 3 - Depositions Once the lawsuit has begun, both sides may require depositions of anyone with relevant information, including the victim and the offender. A deposition is a proceeding in which attorneys can question the victim or witness in person. The deposition is recorded, and it usually takes place in an office without a judge. The victim is prepared by her attorney who attends the deposition with her.

Step 4 - Interrogatories/Document Requests Either side may also require the other side to respond to written questions or provide copies of relevant documents. Depositions and interrogatories are often referred to as discovery. Step 5 - Disposition of a Lawsuit A civil lawsuit will end in one of several ways:

Settlement. Most cases end in a settlement -- an agreement by the victim to dismiss the case in exchange for financial compensation. The settlement may also require the defendant to offer a formal apology to the victim and/or to fulfill certain conditions such as upgrading security. The lawyer will discuss the range of possible conditions with the victim in advance of settlement discussions. A lawyer cannot agree to a settlement without the victims authorization. Alternative Dispute Resolution. An increasingly popular means to resolve a case is through mediation or arbitration. In mediation, both parties agree to have the case reviewed by a mediator who makes suggestions and tries to help the parties reach a resolution of the case. The parties do not have to follow the mediators recommendations. In arbitration, both parties agree to be bound by the decision of the arbitrator instead of having the case resolved in court. Mediations and arbitrations are usually conducted privately and are much less formal than court proceedings. The settlements are usually confidential. For both sides, alternative dispute resolution leads to a quicker, less expensive resolution of the case. Motions. Some cases are dismissed outright by the court because of technical defenses, such as the lawsuit being filed too late, or insufficient evidence. Both sides may appeal the courts decision to a higher court. Trial. If the lawsuit is not resolved, it goes to trial before a jury or a judge. At the trial, the attorneys make opening statements. Generally, the victim testifies, along with any supporting witnesses . The attorney for the opposing side cross-examines the witnesses. At the end of the case, both parties make closing arguments, and then the jury deliberates. The jury decides whether the defendants are responsible for the victims injuries and if so, how much money should be awarded to the victim. Appellate Review. In a civil case, unlike a criminal case, either side may appeal the verdict and the amount of damages. For an appeal to be successful there generally must have been a legal mistake at the trial. Neither side can appeal simply because they are unhappy with the result.