Are You Seeking Damages in a Civil Case?
Category: The Law Office of Ross W. Albers
March 19, 2019
There are many reasons why you may be seeking damages against another person, but before you can seek those damages, you have to file a civil case. Today we’re going to take you through some of the steps in filing such a case and how you should proceed if you have been wronged. Let’s take a look.
It All Starts with a Complaint
When someone does damage to you or your property, you are entitled to seek damages. This can translate to a wide variety of situations, but the first step is always the same. You will need to file a complaint with the court against the person in question. The court will then serve them with your complaint and the process will proceed.
You Need a Preponderance of Evidence
A burden of proof is a phrase that basically means, “what is needed to prove the case”. For criminal cases, the burden of proof must prove that the person did the crime, “beyond a shadow of a doubt”. However, in a civil case, the burden of proof is much lighter. They must only prove the defendant is guilty by a “preponderance of the evidence”. You can think of this phrase as something akin to “most likely”. Though this may make it easier to win a civil case rather than a criminal case, it can also be rather difficult for the defendant in a civil case to prove their innocence.
Either Way You Need a Lawyer
Whether you’re filing a suit or you’ve been served a complaint, having a lawyer is going to make a difference for your case. In a criminal case, you will be appointed a lawyer if you do not get one of your own. However, this is not the case in civil disputes. That being said, it’s likely that the opposition will have a lawyer. So, you can skip the lawyer when you go to court for a civil case, but you’re just making the case really easy for the other side.
Have You Been Served?
If someone has brought a civil case against you or you’re looking to sue someone else, get a legal professional on your side. Look at it like this: If you know a lot about teeth, you could theoretically do your own dental work. Sometimes it’s not a matter of whether or not you can do something; it’s more about whether you should. Contact us today for a free consultation and rest easy knowing that the Law Office of Ross W. Albers has your back.