Civil law focuses on any behavior that delivers an injury to an individual or other private party. Civil cases are initiated when a private party (plaintiff) files a lawsuit. The cases are often ruled on by a judge, although a number of cases may actually involve juries as well. When the case is decided, the ‘punishment’ typically consists of a monetary award, but never imprisonment. Incarceration is only for criminal cases. Many times parties will elect to file a civil suit after a criminal case has been decided. For example, a victim or a victim’s family might choose to file a civil suit if they feel the verdict of a criminal case was not satisfactory. But whatever the ‘wrong’ that a plaintiff feels needs to be ‘righted,’ civil law is the place to begin. To prevail in civil litigation, the plaintiff’s attorney must establish that the defendant is liable in accordance with a “preponderance of evidence.” And it is important to note that defendants in civil cases are not given, or entitled to, the kind of legal protection under the law that they would ordinarily benefit from in a criminal proceeding.
There are too many types of civil litigation cases to mention, because really any situation in which one party feels they have suffered due to the actions or neglect of another party can constitute the grounds for a civil suit. But that said, there are certainly some common themes. Let’s look at some types of cases in which a civil litigation attorney in Fort Lauderdale, FL could assist you.
As Americans we like to own. Be it land or a home, or both, property ownership, rights, and damages to property or real estate are common topics in civil litigation. Parties might have a dispute over property lines, actions taken, or a number of other issues. If you have a property dispute, a skilled civil litigation attorney in Fort Lauderdale, FL can assist you.
You decide to do business, either with another company or private individual, so you draw up a contract for all parties to sign. You’re off to a good start. But many times one or more parties who are signatory to this legal agreement come to the decision that, in their opinion, another party has not held up their end of the bargain so to speak. It is in these situations that parties will have a dispute over the terms or fulfillment of the contract, etc. and a civil litigation suit may become necessary.
A tort is a kind of civil case in which one party alleges that another party caused emotional or physical harm. These cases are extremely varied and may relate to financial security, personal safety, safety of property, or other issues. Torts can involve damages due to accidents or injuries, such as assault or battery cases, and/or any kind of negligence, etc. This is just the tip of the iceberg in regard to torts, so talk to your civil litigation attorney in Fort Lauderdale, FL to find out if tort litigation is appropriate for your civil matter.
Class Action Cases
In a class action case, the matter typically involves a group of people who have all been injured by the same thing, such as exposure to a toxin or hazardous material, or injury from a faulty product, etc.
Complaint Cases Against the City
Often, cases against a large entity such as a city or the federal government are settled between the parties outside of the court system. However, in some situations civil cases may become necessary when the parties cannot agree on their own. A common example of a ‘complaint against the city’ litigation would be an event, law, policy, or action, etc. that a plaintiff alleges caused them, as a citizen, specific harm.