Steps Involved in a Civil Case
When seeking compensation for the damages that the negligence of another party is making you suffer, allow an attorney to be by your side. These are the steps of a civil lawsuit.
You need 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 will have his or her chance to explain the side of his or her story to counter the complaint of the plaintiff. 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 claim for compensation from the plaintiff by filing a counterclaim to create a two-way battle case.
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 defendant and the plaintiff are them obligated to share the evidence that they have gathered 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.
At the trial stage the parties appear before the jury and present their witnesses, pieces of evidence, and arguments. 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 judge will rule out who is at fault, the compensation amount (based on the financial ability of the person), how much the person is at fault and the monetary value of the damages.
The ruling may not satisfy you if you lose the case hence you can appeal the judgment. 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 are allowed to appeal the judgment of there was a technical or a legal mistake if the other party made a mistake when filing the lawsuit, or the jury was biased. Appealing a judgment will add more months to the case before it is settled. 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.