Is a Civil Suit the Only Option?

DATE: Feb, 2   COMMENTS: 0   AUTHOR: Allan Azarola

You’re filing for a civil suit, and you’ve heard the term civil lawsuit. You’re not sure if the two terms are the same. Rest assured, they are the same. Since these are two different terms for the same thing, keep in mind that they go through the same process in the legal system.

Keep in mind that a civil case, no matter what you call it, is different from a criminal case. Civil lawsuits can be brought up by a person or a business. The burden of proof isn’t as strict with civil cases as it is with criminal cases. Also, the loser of civil suit pays in a dollar amount instead of spending time behind bars.

Image by Succo from Pixabay

Personal injury lawsuits are one type of civil lawsuit that you may be familiar with. The common kinds of personal injury lawsuits come from the following:

  • Car Accidents
  • Slips and falls
  • Defamation
  • Medical Malpractice
  • Defection products

This only covers a few of the civil lawsuits that come before a judge and even before the public. There are a lot of cases, both civil and criminal, that don’t come to the attention of the public. This doesn’t mean such cases fly under the radar. One such case that didn’t fly under the radar was the U.S. Supreme Court case Miranda v. Arizona.

In this particular case, Ernesto Miranda confessed to a robbery, kidnapping, and rape. Miranda was never told about his constitutional rights. When this conviction was appealed to the U.S. Supreme Court Justices, they ruled that his statements could not be used as evidence.

This case is what established the Miranda warning that police are required to give. While the Miranda warning may not apply to a civil lawsuit, it doesn’t mean that other lawsuits may not be used to help you win your case. The best way to know if your civil suit is a good one is to talk to a lawyer at https://diamondlaw.ca/how-to-sue-someone-in-ontario/.

Civil lawsuits are needed when there is a dispute between two or more parties that can only be resolved in court. Civil lawsuits come about because personal injury cases can be due to:

  • Negligent drivers
  • Property owners
  • Physicians

Such premises require that the defendant falls below the reasonable conduct of care and that they are responsible for the damages caused.

Image by Steve Buissinne from Pixabay

If you feel that a civil lawsuit is necessary, talk to a lawyer. Once you retain a lawyer, an investigation of your claim can precede a preparation of a statement of claim, statement of defense, discovery, pre-trial conference, and lastly, a trial (if it comes to one).

In the end, filing for a civil lawsuit with the help of a lawyer may be the only route to go, especially if you are seeking compensation.

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