The Steps of a Civil case
When seeking compensation for the damages that the negligence of another party is making you suffer, allow an attorney to be by your side. The civil case process is explained below.
The plaintiff must file a complaint. In your complaint, you are expected to state how the defendant has harmed you, the reason you need compensation and why the local courts should make a ruling on the case. The defendant is also given a chance to answer the complaint of the plaintiff. 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 claim for compensation from the plaintiff by filing a counterclaim to create a two-way battle case.
Both sides have the responsibility to looks for evidence to build a case after the complaint has been filed. The plaintiff and the defendant are allowed to interview the witnesses but only in official depositions. The defendant and the plaintiff are them obligated to share the evidence that they have gathered and their arguments. The case is settled at the discovery stage when both parties find it costly to push forward with the case or one of the parties finds more convincing evidence than the other.
The parties have to present their witnesses, pieces of evidence, and arguments before the judge if the case goes to trial. Taking the case to trial is risky because the jury is unpredictable and the case may take longer or a shorter than that you may have anticipated. The jury passes a ruling by stating who is at fault, how much the person is at fault, the monetary value of the damages and the compensation amount (based on the financial ability of the person).
You have the right to appeal the judgment when you lose the case, and you are not satisfied with the ruling. When you appeal to the higher court to overturn the ruling, they will review the ruling and decide whether to hear your case or not because the appellant court does not listen to every case. You are allowed to appeal the judgment of there was a technical or a legal mistake if the other party made a mistake when filing the lawsuit, or the jury was biased. You will have to wait for more months before the case is settled if you appeal the judgment. 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.