Christy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Written By Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
ContributorAdam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Updated: May 15, 2023, 5:01am
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The legal system in the United States exists to help people resolve disputes and seek just, or fair, outcomes. A civil lawsuit is one type of case that you can file within this legal system.
This guide explains what a civil lawsuit is, provides some examples of civil lawsuits and explains the steps involved if you want to file a civil lawsuit of your own.
A civil lawsuit is a type of legal case that is brought by a private party. A person or company can file a civil lawsuit. The goal is to try to use the legal system to right a wrong or pursue a legal remedy for something that caused damage.
The U.S. Court system is divided into both civil courts and criminal courts.
In criminal courts, the state pursues a case against a defendant when the defendant has allegedly broken the law. Usually, a prosecutor or a district attorney decides to move forward with pressing charges after receiving evidence from law enforcement suggesting a crime has been committed. Criminal penalties include fines, community service, jail or prison time or even the death penalty under extreme circumstances.
A civil case is different. Private parties, such as an individual, business or organization, files a civil lawsuit. The person or entity that files suit is called the plaintiff and the person the suit has been filed against is called the defendant. The remedies available in a civil case are typically monetary, with the defendant having to pay the plaintiff if the plaintiff wins their case.
It is not just the outcomes that differ in criminal versus civil cases. In a civil case, the plaintiff has a lesser burden of proof than a prosecutor does in a criminal case.
A plaintiff in a civil case must prove their claim by a preponderance of the evidence while a prosecutor in a criminal case must prove their case beyond a reasonable doubt. This means in a civil case, a plaintiff must show that, given all the evidence, the defendant most likely engaged in action (or inaction) for which the plaintiff should receive a remedy.
There are many different examples of situations in which someone can file a civil lawsuit.
A plaintiff could sue for breach of contract when someone failed to live up to an agreement. Remedies could include financial compensation or specific performance, which means the defendant is required by the court to follow through on the contractual agreement.
A plaintiff may sue under tort law after being injured. For example, a plaintiff can sue:
These are just a few of many situations in which a plaintiff could pursue a legal remedy in civil court.
If you are thinking about filing a civil lawsuit, there are some steps you have to take in order to do so. Here’s what you should do if you want to go to civil court.
After the judge or jury has made a decision on your claim, either you or the defendant may try to appeal if you do not like the outcome. When you have exhausted all potential avenues to appeal, then your case has reached a final resolution.
In a civil lawsuit, the goal is to be “made whole” for any damages you endured.
In a breach of contract claim, this includes all financial loss caused by the breach and any resulting damages that occurred due to the defendant’s failure to go forward with the contract as agreed.
In a civil claim based on personal injury, you are compensated for all actual losses as well as for physical and emotional pain you endured. This can include payment for medical bills, lost wages, pain and suffering and emotional distress.
An experienced attorney can help you to file a civil lawsuit. Make sure you hire a lawyer familiar with the type of claim you are filing. For example, an auto accident lawyer can help you after a car accident or a medical malpractice attorney can assist you in a claim for medical negligence.
In most cases, your attorney charges on a contingent fee basis if you are making an injury claim. This means you pay your lawyer a percentage of the compensation you receive and do not owe legal fees if you don’t win your case.
Because an attorney has the professional knowledge and expertise necessary to help you make a convincing claim, it is often well worth getting legal help to navigate the civil justice system and ensure your rights are protected throughout the process.
Tort claims and breach of contract claims are common types of civil claims. In both of these types of cases, a plaintiff seeks a remedy for a wrong done by the defendant. In a tort case, plaintiffs are typically seeking to obtain monetary compensation to make them whole after a defendant has injured them. In a breach of contract claim, the plaintiff is pursuing compensation when a defendant has failed to perform as agreed in the contract’s terms.
The timeline for a civil lawsuit depends on many factors. You must file your civil suit within the statute of limitations, which is a time limit set by law that applies to your specific kind of claim. Once you have filed a lawsuit, it could take weeks, months, or even years to move through the pre-trial phase, conduct a trial and get a final outcome. The complexity of your case determines whether your case settles before trial, is resolved after your trial or is resolved after appeals.
A civil case is different from a criminal case. In a civil case, a plaintiff pursues a claim for compensation from a defendant. The plaintiff is a private party and if the plaintiff prevails, the remedy is usually monetary. In a criminal case, the state or federal government presses charges against a defendant who broke the law, and the possible outcomes include a criminal conviction, fines and jail time. If information is uncovered in a civil case that shows a crime was committed, a prosecutor may decide to move forward with pressing criminal charges. But the criminal case would be a separate case—the civil case would still proceed independently of the criminal proceedings.
