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The Civil Case Process
When seeking compensation for the damages that the negligence of another party is making you suffer, allow an attorney to be by your side. The civil case process is explained below.
The first step is to file a complaint. In the complaint you explain how the defendant caused harm to you, why you are seeking for compensation and why the local court has the power to pass judgment over the case. The defendant is given a chance to counter the complaint that the plaintiff has made. The defendant will file an answer to explain why the plaintiff is not stating the events correctly, factors that led to the occurrence of the events or the legal basis that the plaintiff is holding onto when filing the complaint. The Defendant can turn the case into a two way battle by filing a counterclaim that states that the plaintiff owes him or her a compensation.
After the complaint has been filed the parties are responsible for searching for evidence to build a case. The plaintiff and the defendant are allowed to interview the witnesses but only in official depositions. The defendant and the plaintiff are them obligated to share the evidence that they have gathered and their arguments. When one party finds evidence that I more convincing than the evidence of the other party or both parties cannot keep up with the costs of the case, the case is settled at the discovery stage.
At the trial stage the parties appear before the jury and present their witnesses, pieces of evidence, and arguments. You are risking a lot when you take the case to trial because you cannot predict the decision of the jury not the time the case will take to be settled because it can take a longer or shorter time than you have predicted. The judge will rule out who is at fault, the compensation amount (based on the financial ability of the person), how much the person is at fault and the monetary value of the damages.
You have the right to appeal the judgment when you lose the case, and you are not satisfied with the ruling. When you appeal to the higher court to overturn the ruling, they will review the ruling and decide whether to hear your case or not because the appellant court does not listen to every case. You are allowed to appeal the judgment of there was a technical or a legal mistake if the other party made a mistake when filing the lawsuit, or the jury was biased. When you appeal the judgment, you may have to wait for a few more months before the ruling is passed. You should be brave enough to go to court and seek justice if the other party is adamant about giving you fair compensation at the discovery stage for you to settle the case.