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The Civil Case Process

You need a lawyer to help you when you are demanding compensation for the damages that the negligence of another party has caused. Here are the steps involved in a civil case.

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 is given a chance to counter the complaint that the plaintiff has made. The defendant will explain why the complainant is wrong about the events, things that triggered the events to happen or the legal basis that the plaintiff is standing on to make file the compliant. The Defendant can turn the case into a two way battle by filing a counterclaim that states that the plaintiff owes him or her a compensation.

After the complaint has been filed the parties are responsible for searching for evidence to build a case. The plaintiff and the complainant should interview the witnesses but in official depositions. They should 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.

If the case proceeds to a trial before the court, the parties present their witnesses, pieces of evidence, and arguments before a magistrate. 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 may not be allowed to appeal a judgment unless there was a technical or a legal mistake if the other party made a mistake when filing the lawsuit, or the jury was biased. When you appeal the judgment, you may have to wait for a few more months before the ruling is passed. You should be brave enough to go to court and seek justice if the other party is adamant about giving you fair compensation at the discovery stage for you to settle the case.

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