Our legal system is divided into two distinct parts: the criminal court and civil courts. While there's a general understanding of what the criminal court does, civil lawsuits are often more hidden from the public eye. If you're seeking damages through a civil case, learn more about this legal process below.

What Is a Civil Lawsuit?

A civil lawsuit is based on tort laws, which allow one individual or business to seek compensation from another. The plaintiff must be able to show that the defendant acted negligently or with the intent to cause harm. While obtaining monetary compensation is often the goal of a lawsuit, the plaintiff may also try to stop the defendant from committing the act in the future.

How Is It Different Than Other Cases?

The burden of proof is less strict in civil court than it is in criminal court. While a criminal case requires proving guilt beyond a reasonable doubt, a civil case only requires establishing guilt by a preponderance of the evidence. This means the defendant can be found guilty if the case built against them was likely true.

What Are the Different Types of Civil Lawsuits?

Tort Claims

These claims involve seeking damages for wrongful acts. Personal injury attorneys represent plaintiffs in these types of lawsuits, which include personal injury, intentional assault, medical malpractice, and product liability claims.

Breaches of Contract

A breach of contract claim is the result of one party failing to meet their obligations in carrying out the terms of a contract. If you choose to seek damages in court, your attorney must show that the contract was legal and the other party didn't meet their obligations, such as failing to pay or provide a service.

Equitable Claims

This is where a plaintiff seeks non-monetary damages, such as asking the court to file an injunction. These lawsuits seek to stop defendants from doing something that may be damaging to others. For example, an equitable claim can prevent an entity from destroying land or historic sites.

Landlord & Tenant Disputes

Whether a landlord is evicting a tenant, or a tenant is suing for their security deposit, these matters are resolved in civil court. Mediation can sometimes help avoid a lawsuit, but if that process isn't helpful, a lawsuit is the final method for seeking relief.

A civil lawsuit is a complex process that heavily relies on an understanding of the laws in your community. For that reason, discuss your situation with the legal team at Burglin & Doxey, PC in Fairbanks, AK, before proceeding. Backed by more than 40 years of practice, they know how state, federal, and local laws will affect your ability to seek damages. To schedule an initial consultation, visit them online or call (907) 456-4020.

This article is for discussion purposes only. If you’re seeking legal advice, please contact Burglin & Doxey.