How to Proceed With a Civil Lawsuit

If you’ve been wronged by another person or company, you might be thinking about filing a lawsuit. Whether it’s for a car accident, contract dispute, or personal injury, understanding the steps in a civil lawsuit can help you prepare for what’s ahead. Lawsuits take time, but knowing how the process works can help you feel more in control. If you’re unsure about the next steps, speaking with an experienced attorney can make sure your case is handled the right way.

What Is a Civil Lawsuit?

A civil lawsuit happens when one person (the plaintiff) sues another person or company (the defendant) in court. Unlike criminal cases, civil lawsuits are about getting money or other compensation instead of criminal justice. Most lawsuits follow a process called the “seven steps in a civil case,” which guides how legal disputes are handled in court.

If you are thinking about suing someone, you should first consult with a lawyer who understands the steps in a civil trial and can help you build a strong case.

Step 1: Filing a Complaint

The first step in any lawsuit is filing a complaint with the court.

This legal document explains:

What happened
Why you are suing
How much money or compensation you want

If you need help filing a lawsuit, working with a lawyer can ensure that your complaint is written correctly and includes all the necessary details.

Step 2: The Defendant Responds

After the defendant gets the complaint, they must respond within a certain time (usually 20-30 days).

They can either:

Agree to Settle: If the defendant believes they are at fault, they may offer a settlement.
Deny the Claim: The defendant may argue that they are not responsible.
File a Motion to Dismiss: If they believe the lawsuit has no legal basis, they may ask the court to dismiss it.

At this stage, having a legal professional on your side can help you understand the defendant’s response and plan your next move.

Step 3: Discovery Process

Before going to court, both sides go through discovery. This is when lawyers gather evidence, witness statements, and documents to support their cases.

Discovery can include:

Interrogatories: Written questions that both sides must answer.
Depositions: Interviews where witnesses give sworn testimony.
Requesting Documents: Asking for medical records, emails, or contracts related to the case.

Discovery is one of the longest steps of a lawsuit, but it’s important because it helps build a strong case. If you are going through this process, consulting with a lawyer can help you understand what information to gather.

Step 4: Pre-Trial Motions and Hearings

Before trial, both sides can file motions to settle legal issues.

Some motions may ask the court to:

Dismiss parts of the case.
Prevent certain evidence from being used.
Decide the case before trial (summary judgment).

Pre-trial motions can affect the outcome of a case, so having a legal expert guide you can be helpful.

Step 5: Settlement Negotiations

Most lawsuits do not go to trial. Instead, both sides may try to settle to avoid the time and cost of court.

Settlement negotiations involve:

Discussing compensation to resolve the case early.
Mediation (using a neutral third party to help reach an agreement).
Deciding if going to trial is worth the risk.

If the other side offers a settlement, consult with a lawyer before accepting to make sure it’s fair.

Step 6: The Trial

If a settlement isn’t reached, the case goes to trial.

During the trial:

Both sides present evidence.
Witnesses may testify.
A judge or jury decides the outcome.

Trials can be stressful, but with the right legal representation, you can feel prepared and confident.

Step 7: The Verdict and Appeals

After the trial, the court will issue a verdict. If you win, the defendant may be ordered to pay damages. However, if either side disagrees with the verdict, they can file an appeal to have a higher court review the decision.

If you believe the court made a mistake in your case, talking to an attorney can help you decide if an appeal is the right choice.

When to Get Legal Help

Lawsuits can be complicated, and missing a step could hurt your case. An experienced attorney can guide you through the steps of a lawsuit, ensuring you have the best chance of winning your claim. If you are thinking about filing a lawsuit, seeking legal guidance early in the process can help you build a strong case and avoid costly mistakes.

A Final Word on Civil Lawsuits

Understanding the steps in a civil lawsuit can make the process less confusing. Whether you are suing someone or defending yourself, having a legal expert on your side can improve your chances of success. If you need help with a case, reaching out to a law firm that specializes in civil litigation can provide the support and guidance you need.

Contact Our New York Personal Injury Law Firm Today at Passalacqua & Associates, LLC

If you were injured in an accident in Utica or Syracuse, and need legal help, contact our New York personal injury lawyers at Passalacqua & Associates, LLC to schedule a free case review today.

Passalacqua & Associates, LLC
7 Hopper St,
Utica, NY 13501
Open 24/7
(315) 500-6425