Civil Case: What It Is, How It Starts, and What to Expect

The primary difference lies in the objective and the burden of proof. In a criminal case, the government is the plaintiff seeking to punish a defendant for a crime. In a civil case, you are the plaintiff seeking a remedy for a wrong.

A civil case involves a Plaintiff (the party initiating the claim) and a Defendant (the party being sued). Unlike criminal matters, these parties can be individuals, corporations, or even government agencies.

When an agreement is ignored or an invoice remains unpaid, the disagreement matures into a legal dispute.

• Accounts Receivable Collection
• Purchase Price Disputes

Bias, harassment, or unlawful firing often trigger a civil case seeking back pay or reinstatement.

• Employment Discrimination

Conflicts over land ownership, boundaries, or breached sale agreements are resolved in civil court.

• Real Estate Litigation

Before filing a formal civil litigation action, we typically issue a formal demand letter. This is a strategic shot across the bow. It provides the defendant one last chance to reach a settlement before costs escalate. If the demand is ignored, the dispute is ready for the next level of escalation.

The case officially begins when the plaintiff files a complaint. This document outlines the facts of the case, the legal theories (causes of action), and the specific relief being sought. Once served, the defendant must respond within a strict deadline or they risk a default judgment.

If the counterparty is ghosting your communications or offering a settlement that is pennies on the dollar, a civil case is the only way to compel participation. The court provides the authority to force an uncooperative party to the table.

Time is your most dangerous enemy. Every civil case has a shelf life. If you miss the filing deadline (Statute of Limitations), your right to recover is permanently extinguished, regardless of how strong your evidence is. Filing is often necessary just to preserve your rights.

Discovery is the forensic stage of the case. Both sides exchange documents, take depositions (interviews under oath), and hire experts. Simultaneously, parties file motions asking the judge to dismiss the case or rule on specific issues before the civil trial begins.

Over 90 percent of civil matters end in a settlement. However, the best settlements are achieved by preparing for a civil trial. If no agreement is reached, the case proceeds to trial where a judge or jury determines the final judgment.

This is the most common remedy. The court orders the defendant to pay money to compensate the plaintiff for their losses.

• Civil Damages Lawsuit

Sometimes, money is not enough. An injunction is a court order forcing someone to stop a specific act (like construction on disputed land). A declaratory judgment is a formal statement by the court defining the rights of the parties.

You must calculate the risk adjusted value of your case. If the legal fees for a case are high relative to the amount you are likely to win, the technical victory might result in a financial loss. Recovery should always be weighed against the probability of success and the total cost of counsel.

Winning a civil case and receiving a check are two different events. If the defendant is insolvent, a million dollar judgment is just a very expensive piece of paper. Civil litigation is a tool for recovery, not a guarantee of payment.