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.