What Is a Civil Lawsuit?

You may wonder what a civil lawsuit is, whether you heard the term at a social gathering or a formal meeting. Perhaps a coworker was bitten by a dog, or your cousin was injured in a car accident. Either way, understanding how these legal proceedings work in the real world should be important to every U.S. citizen.

Knowing what a civil lawsuit is empowers you to protect your assets, rights, and reputation. So, if you ever need to manage legal risks, handle contracts, or seek justice in the future, keep reading to learn more.

What Is the Purpose of a Civil Lawsuit?

The purpose of a civil lawsuit is to resolve non-criminal disputes between individuals, businesses, or government entities. This is typically accomplished by seeking a legal remedy, such as financial compensation. However, an order for specific action, such as an injunction, is possible when monetary damages are deemed inadequate.

Civil lawsuits provide a structured, peaceful method to enforce rights, rectify wrongs, or clarify legal obligations. They may make an injured party “whole” again by providing compensation for medical bills, property damage, or lost wages. As well, a plaintiff could ask the court to stop a defendant from continuing a harmful activity, such as in intellectual property disputes.

What Are the Most Common Civil Lawsuit Types?

Civil lawsuits are legal disputes that fall into several primary categories, including:

• Contract disputes, such as breach of contract, non-payment, or failure to perform agreed-upon services, or failure to pay an insurance claim
• Tort claims involving civil wrongs, like medical malpractice or bad construction work
• Personal injury due to another’s actions, including car accidents
• Property disputes over ownership, boundaries, or damage
• Family law issues involving divorce, child custody and support, or adoption
• Class action lawsuits filed on behalf of a group of people, often due to defective products
• Intellectual property disputes regarding copyright, trademark, or patent infringement

What Is the Difference Between a Civil and Criminal Matter?

Civil matters involve private disputes between individuals or organizations, generally seeking compensation. In Florida, while anything that is not criminal is technically considered civil, many counties—including ours—divide their court systems into four main divisions: criminal, civil, family, and probate. At Herman & Wells, the cases our attorneys handle are within the civil division.

Criminal matters, on the other hand, involve formal prosecution of offenses against society, resulting in penalties like jail time or fines. Civil cases use a “preponderance of evidence” standard, whereas criminal cases require proof “beyond a reasonable doubt,” making the evidentiary requirements much harder to meet in the latter.

What Is the Process of a Civil Lawsuit?

A civil lawsuit typically moves through a number of stages, including:

• Pleadings: The plaintiff files a complaint outlining claims and serves the defendant, who answers within a specific timeframe
• Discovery: Both sides exchange information
• Pre-Trial Motions: Parties may ask the court to dismiss the case or take other action, like issuing a summary judgment, for example
• Settlement Negotiations: Most civil cases settle voluntarily before trial
• Trial: If talks fail, the case is then heard by a judge or jury
• Verdict or Appeal: The court issues a verdict, then the losing party pays damages or files an appeal

Talk to Our Team About Your Civil Lawsuit

Now that you have a better understanding of what a civil lawsuit is, you may have questions about your specific situation. The attorneys at Herman & Wells are available to review your case and explain your options.

We offer a free case evaluation and focus on providing clear communication throughout the process, so you know what to expect at each stage.