A conflict situation
A civil lawsuit involves a conflict, usually over money, between people or between businesses. It begins when one person or business (the ‘plaintiff’) claims to have been harmed by the actions of another person or business (the ‘defendant).
The matter is taken to a court of law and a judge or jury will be asked to figure out what really happened. The appropriate laws need to be applied to the facts and it will be decided what the legal consequences are.
Being a plaintiff or a defendant can be scary
If you are the plaintiff you will have to prove that the person or business that wronged you is guilty. This is not always easy to do. Faultless paperwork and evidence are needed to state your case. Cases are often lost in court if the information and paperwork lack conviction.
You need not panic when you get sued. The key to being a successful defendant is to be organized and to stay calm. Make sure you understand why you are being sued. Ask for clarification from the plaintiff. Keep records of every conversation with the plaintiff and every action from their side.
What do I need to prove in a civil case?
In most cases, the standard for the jury or a judge to reach a decision is evidence that is clear and convincing. The winner has to prove that his version of the facts is highly likely. (This burden of proof is a bit easier to prove that the ‘beyond reasonable doubt’ as the standard is in a criminal case.)
Kimberly Schultz can help – no matter if you are the plaintiff or the defendant. She will help you to know what to do and what not to do. You can trust her to do whatever is legally necessary to get the absolute best result in your case. Attorney Schultz will investigate the facts and do her own complete research of your case. You will be in good hands!
Contact us today for a free consultation to discuss your general civil litigation case.