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How
does a civil case work?
Much
of civil law in this country is often referred to as "tort
law." A tort is just another word for an action that
is recognized by the law as being wrong. In a criminal case,
the state brings an action against the defendant. In a civil
case, one person can bring an action against another person
who they believe is responsible for their injury.
How does
a civil case get started?
If you
have an injury that was caused by someone else's actions,
and you want to bring a lawsuit, your first step would be
to contact a competent
and knowledgeable attorney. The attorney will meet with
you to explain how a lawsuit works. The attorney will listen
to your story to understand all the factors that would be
involved in bringing suit. For this first meeting, it's helpful
if you have copies of any records involved, or any other information
that you think would be useful to the attorney such as:
- accident
report
- medical
record
- insurance
information
- photographs
- property
damage estimates
The date
that you were actually injured or that you realized you had
suffered an injury plays an important role in whether or not
you will be able to bring a lawsuit. You have a limited amount
of time after you are injured within which to bring a lawsuit.
Your attorney will be able to explain these time limits. The
legal term for this is statute of limitations.
If you
and your attorney come to an agreement that he or she should
represent you in your case, the attorney's work then begins.
The attorney must first file a claim with the insurance company.
If the case is not resolved after making a claim, then your
attorney will let the court know that you are bringing a lawsuit
(you are called the plaintiff) and who you are suing (that
person is called the defendant). The defendant must be served
with notice that he or she is being sued.
The best
way to better understand your case and the entire process
is to choose a competent
and knowledgeable attorney.
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