Module 8

I filed a claim against someone… What should I do next?

In this short post, you'll learn what you have to do after a civil claim against another person has been
filed.

Putting ourselves in context

As far as we know, in the United States, there is civil and criminal law. The most common
one is the criminal law, promoted by television and other media sources. But due to a
realistic statistic, we have a much higher odds to become involved with civil law. Civil claims
give us the basic understanding to comprehend civil law.

Firstly, the definition of civil claim: A formal complaint made against one or more parties
(individuals) in a non-criminal (which is not involved in criminal law and it is not penal)
court. Also can be named as a suit, recognizing a dispute between private individuals or
corporations. In most cases, people file civil claims to assert particular rights or receive
(monetary) compensation.
Filing a civil case (Steps to follow)
If you decide to bring a civil claim it will be necessary for you to prove that you have
suffered a loss or injury as a result of another person's negligence.

Starting the Civil Case

The first step you might take as the plaintiff (person who files a civil case) is to give a copy
of the complaint to the local court and the defendant, and it must include how you were
harmed or injured by the second part action.

Case preparation

The second step consists in providing any information related to the case (from your point
of view and also from the defendant). In this situation, the more, the merrier. You must
include all the evidence, such as the name of witnesses, documents, or any pictures/videos.

Settling differences

The following step consists of the settlement ( also named as an agreement) providing the
opportunity to arrange (this situation avoids the necessity of going to the jury). If you can
not have settled with the defendant, the case will go to a jury.

Trial process

When the case arrives at the jury, it follows the same process as it would in a criminal case
(the evidence and eyewitnesses' point of view, will be presented.

Closing step

When both sides have presented their cases, the judge will explain what law applies and
will come to a decision.