How does a civil case work?

Much of civil law in this country is often referred to as "tort law."  A tort is simply 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 (the person accused of doing something wrong).  In a civil case, one person can bring an action against another person who they believe is responsible for their injury.

To make better sense of this, sometimes it's good to show examples:

1. Criminal case

   Joe stole a hat from the Department Store.  When the case goes to court, it looks like this:

   THE STATE   versus   Joe

 

2. Civil case

Dr. X performed surgery on Mary to remove her gall bladder.  During the surgery, he accidentally left a sponge inside her abdomen and re-closed her abdomen without removing the sponge.  This caused Mary to have a severe infection and to become very ill.  When the case goes to court, it looks like this:

Mary   versus   Dr. X

There are many different types of civil cases.  Some examples include: 

1. Medical malpractice (like the above example--where a doctor or health care provider negligently does something which causes injury to the patient)

2. Wrongful death (someone's negligence causes the death of another person)

3. Personal injury (someone's negligence causes injury to another person)

How does a civil case get started?

If you have an injury that was caused by someone else's actions, and you are interested in bringing a lawsuit, your first step would be to contact a competent and knowledgeable attorney.  The attorney will sit down with you in an initial consultation.  He or she will explain to you how the process of bringing a lawsuit works, including costs and fees involved.  The attorney will also listen to your story and try to get an initial grasp of all the factors that would be involved in bringing suit.  For this first meeting, it's helpful if you have copies of any records that were involved, or any other information that you think would be useful to the attorney.

The date that you were actually injured or that you realized you had suffered an injury plays a critical role in determining whether or not you will be able to bring a lawsuit.  All jurisdictions have a statute of limitations.  This statute says that you have a limited amount of time after you are injured within which to bring a lawsuit.  Depending on your state, that amount of time could start on the date you were actually injured or on the date which you discovered your injury (in the civil case example, Mary may not have realized that her infection came from the surgical sponge until long after her operation).  Your attorney will be able to explain the statute of limitations for your state.

If you and the 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 paperwork with the court letting the court know that you are bringing a lawsuit (you are called the plaintiff) and who you are suing (the person you are suing is called the defendant).  The defendant must be served with notice that he's being sued as well.

Sometimes it can take quite a while before a civil case makes it on to a court's trial calendar.  Your attorney can better explain to you how this works in your state and the average time this will take.  It is important for you to understand that the attorney does not have control over the court's calendar.

Where can I go for more information?

The best way to better understand your case and the entire process is to choose a competent and knowledgeable attorney and to develop a good rapport with the attorney and his or her legal team.