If you’re seeking a financial award from a party that has wronged you in the past, you’ll be heading to court in the capacity of a civil lawsuit. Civil suits differ significantly from how they’re usually portrayed on TV court dramas. If you have questions regarding the process of a civil case, contact your New York injury or accident attorney. In the meantime, take note of some significant factors involving civil litigation.
The Judge Makes the Call
While jurors can be called in for civil cases, they’re typically only used for criminal cases. When it comes to civil cases, the judge is usually the one who makes the final decision. However, if a jury is utilized the first step in a civil case will be to have the judge, as well as both the lawyers, take part in jury selection.
The Standard of Proof
If a defendant in a criminal trial is to be convicted, they must be proven guilty beyond a shadow of a doubt. However, in civil cases only a “preponderance of the evidence” must be established so as to award the plaintiff a victory. In laymen’s terms, the standard of proof for civil cases is lower, and in effect, the case put forward doesn’t have to be as convincing as the one established in a criminal trial. That being said, it can still prove difficult to find a party at fault for a bus, sidewalk or medical malpractice injury.
Quite often, civil cases are settled out of court. A settlement occurs when the defendant knows that the chances of them losing are high, if not certain. Settlements will range depending on the injury incurred and the party that is deemed to have been in the wrong. Secure a top-quality injury attorney to ensure a satisfying settlement.