A civil lawsuit is a type of legal proceeding that deals with disputes between two or more people. These could be individuals, businesses, or other kinds of organizations. Many civil lawsuits seek to hold someone liable for injuries or wrongful acts. If Person 1 does something that causes harm or injury to Person 2, the law might allow Person 2 to recover money, also known as “damages,” from Person 1.

A lawsuit is usually the last step in a process that begins with a demand that someone pay damages, take certain other actions, or stop doing something. While the term “lawsuit” tends to make people think of dramatic courtroom scenes, very few civil lawsuits ever make it all the way to trial. This article provides an overview of the goals of a civil lawsuit, the kinds of disputes that may lead someone to file a lawsuit, and what you might expect to happen if you are involved in one.

Table of Contents

  1. Primary Goals of a Lawsuit
  2. Common Types of Civil Cases
  3. Civil vs. Criminal: Key Differences
  4. Do I Need an Attorney to File?
  5. What Kinds of Damages Can I Get?
  6. Which Courts Handle Civil Suits?
  7. Filing Deadlines and Timelines
  8. The Step-by-Step Lawsuit Process
  9. Speak with The Cochran Firm

Understanding the Primary Goals of a Civil Lawsuit

Civil lawsuits can have several goals:

  • Recover compensation for an injury or other harm.
  • Get someone to do something (Specific Performance).
  • Get someone to stop doing something (Injunctions).

In the first category, the “injury” could be a physical injury, such as if Person 1 causes a car accident that injures Person 2. The lawsuit could seek compensation for Person 2’s medical bills and other losses. It can also involve other losses. If Person 1 damages property owned by Person 2, for example, they might have to pay Person 1 for the cost of repairing or replacing the property.

A civil lawsuit is about asserting someone’s legal rights. Except in rare cases, it is not about punishing someone. This is one of the main ways that civil lawsuits are different from criminal cases. In certain situations, a court may award extra damages to a plaintiff in a civil lawsuit, known as “punitive damages,” as discussed further below.

Common Types of Cases Involved in Civil Litigation

Civil lawsuits can cover a wide range of disputes between people or businesses. The following are only a few examples:

Personal Injury and Negligence Claims

Many lawsuits result from injuries. They seek to recover damages from the person who is legally responsible for causing those injuries. Some personal injury cases involve intentional acts by a defendant, such as assault or battery. A plaintiff must prove that the defendant did something intentionally and that this act caused them to suffer injuries.

Many personal injury lawsuits rely on a legal theory known as “negligence.” This requires a plaintiff to prove the following four items:

  • Duty of Care: The defendant owed a “duty of care” to the plaintiff or the general public. For example, drivers owe a duty to everyone else on the road to obey traffic laws and drive safely.
  • Breach of Duty: The defendant breached this duty of care. A driver might breach their duty of care by taking their attention off of the road, running a red light, or driving while under the influence of alcohol.
  • Causation: This breach caused the plaintiff’s injuries. The plaintiff must show that the defendant’s actions, or lack of action, led directly to their injuries.
  • Actual Damages: The plaintiff suffered actual damages as a result. This often includes medical bills, lost wages, and other damages like pain and suffering.

Examples of personal injury claims include:

Contract and Business Disputes

A contract is a legally enforceable agreement between two or more people. When a party to a contract fails to do what they promised to do, they may be liable to the other party or parties for breach of contract. Many civil lawsuits seek damages for losses suffered because of someone’s breach. This also includes complex business disputes between partners.

Real Estate and Property Litigation

Owning real estate can be quite complicated, and it can lead to many kinds of disputes. Real estate issues that can result in lawsuits include:

Employment and Labor Law Disputes

Disputes leading to lawsuits can arise between employers and employees for many reasons, such as:

Intellectual Property and Family Law

Copyright and trademark laws protect the exclusive right to use creative works like songs, pictures, logos, or slogans. Lawsuits for copyright or trademark infringement seek damages for unauthorized use of protected works.

Additionally, family law includes issues like divorce, child custody, and child support. Spouses and parents need court orders for many family law matters, which can result in court proceedings.

Civil vs. Criminal Cases: Key Differences

The U.S. legal system divides most legal proceedings into two categories: civil cases and criminal cases. Several features of criminal law are significantly different from civil cases.

Who Can File a Case?

Any private individual can file a civil lawsuit. Only prosecutors who work for the government can file criminal charges.

Different Legal Goals

The goal of a civil case is to recover monetary damages or obtain an order or judgment from a court. In a criminal case, the prosecutor’s goal is to prove a defendant’s guilt and ask a judge or jury to impose a punishment, which could include jail or prison time.

Different Burdens of Proof

A plaintiff in a civil lawsuit has to prove their case “by a preponderance of the evidence.” This means they have to convince a judge or jury that it is more likely than not that their allegations are true. If a civil lawsuit were a football game, the plaintiff would only have to get the ball to the 51st yard line.

Prosecutors have a much more difficult burden of proof in criminal cases. They have to prove a defendant’s guilt “beyond a reasonable doubt.” This means that the state must convince a judge or jury that there is no reasonable explanation for what happened except for the defendant being to blame.

Constitutional Protections and Appeals

A criminal conviction can have serious consequences. As a result, the Bill of Rights provides extra protections for criminal defendants (like the Sixth Amendment right to an attorney) that do not necessarily apply in civil cases.

Regarding appeals, if a defendant loses in either a civil or criminal case, they may be able to appeal to a higher court. A plaintiff in a civil case can also appeal a loss. However, if the state loses a criminal case (an acquittal), it cannot appeal. The acquittal is final.

Do I Need an Attorney to File a Civil Suit?

Anyone can file a civil lawsuit, provided you have the proper paperwork and file it in the correct clerk’s office. However, just because you can file on your own does not mean that you should.

The court system is complicated. Every state has its own laws, and every county might have specific rules for filing. Getting something wrong can delay your case or result in a judge dismissing the case entirely. A lawyer with experience in your specific type of dispute can help you put your case together and may even be able to negotiate a settlement without a lawsuit. You can view all our practice areas to find the legal support you need.

What Kinds of Damages Can I Get in a Civil Suit?

In personal injury cases, several types of damages may be available:

  • Economic Damages: Compensation for losses that came directly out of your pocket, such as medical bills, lost wages, and rehabilitation expenses.
  • Non-Economic Damages: Compensation for harder-to-measure losses, such as pain and suffering, mental anguish, and loss of enjoyment of life.
  • Punitive Damages: In rare cases where a defendant’s conduct was particularly bad (gross negligence), a court may award extra damages intended to punish the defendant.

What Courts Handle Civil Lawsuits?

Most civil lawsuits take place in State Courts, typically starting at the county trial level and culminating in the state’s Supreme Court.

Federal Courts may hear civil lawsuits in specific situations, such as when the dispute involves a federal statute or when the parties are from different states and the plaintiff is seeking more than $75,000 in damages.

When to File and What to Expect During the Process

A lawsuit is usually the last resort after failed negotiations. However, you have a limited time to file, known as the statute of limitations. For wrongful death and personal injury claims, most states allow at least two years after the date of the injury.

A typical lawsuit has multiple steps:

  1. Filing the Lawsuit: Submitting the complaint or petition with a court clerk.
  2. Serving the Defendant: Delivering paperwork via a process server.
  3. Gathering Evidence (Discovery): Exchanging information, documents, and taking depositions.
  4. Filing Motions: Requesting specific court hearings or rulings.
  5. Mediation: Using a neutral third party to try and reach a settlement.
  6. Trial and Verdict: If no settlement is reached, a jury or judge will hear evidence and enter a verdict.

Let The Cochran Firm Help You Stand Up for Your Rights

The Cochran Firm, founded over fifty years ago by renowned lawyer Johnnie L. Cochran, Jr., is one of the top plaintiffs’ litigation firms in the country. Our team of experienced litigators has helped countless clients assert their legal rights and obtain damages. We handle cases on a contingent fee basis, meaning you do not owe the firm a fee until we recover money for you.

With office locations across the country, including Atlanta, New York, and Washington DC, our team is ready to fight for you.

Contact us today for a free, confidential consultation: