Unlike criminal cases, civil suits only require a plaintiff to prove that their claims of monetary damages are reasonable, and backed by records and documentation. In this sense civil cases are easier won than criminal cases.
Before you begin a civil suit, you must consider if you have the standing. Here are a few questions to ask yourself first.
1. Did you suffer monetary damages?
If someone fails to follow through on a contract, then you have been financially harmed. For instance, say you paid a house painter to paint your home. Even after taking the agreed-upon amount, he did not finish. At this point the painter is in a breach of contract, and you are owed money because he did not keep up his end of the bargain.
2. Did you suffer physical damages?
This applies to possessions, such as your car. The most important part of a physical damage claim is proof. You must have physical evidence of actual damage. Take pictures from different angles. Following the car example, get an estimate from a reputable body shop. Multiple estimates work best, if possible. If your car is wrecked beyond repair, get an estimate from your insurance company.
3. Was a loan never paid back?
Personal loans between friends and family happen all the time. But sometimes, these loans are not repaid. If you have agreed to lend somebody money and they refuse to pay you back, then you have cause to sue to recover your funds.
It is important in such cases to have a written contract, especially if you paid in cash. Checks can sometimes serve as proof as well, but not always. In any business arrangement, it’s important to get everything in writing, and personal loans are no exception.
4. Did you suffer a personal injury?
In such cases, you must have records to launch a viable suit. Doctor’s notes, medical bills, and prescription receipts are all acceptable forms of record, and should be carefully maintained before heading to court.
If possible, take pictures of your injuries. This can better illustrate the real extent of damages.
5. Did you go through pain and suffering?
This is always a dubious case to prove. In order to receive compensation, you must prove that you have been the recipient of malicious intent to cause you pain. As with everything else, this requires documentation. For example, say you were being stalked for several weeks by an angry ex-fiancé. After requesting a restraining order and multiple police reports, you might be able to show a judge a history of malicious intent, and be compensated.
It is worth reiterating this is always one of the hardest suits to establish, and is rarely won.
A key factor in civil suits is documentation. If you have evidence proving that you have suffered financial loss, then you have a good chance of winning your case.
Information Source: http://legalmedicalassistance.com/
http://en.wikipedia.org/wiki/Civil_law_(common_law)
This article is from Brionna Kennedy. Ms. Kennedy is native to the Pacific Northwest, growing up in Washington, then moving down to Oregon for college. She enjoys writing on fashion and business, but any subject will do, she loves to learn about new topics. When she isn’t writing, she lives for the outdoors. Oregon has been the perfect setting to indulge her love of kayaking, rock climbing, and hiking.
