Stages of a Civil Lawsuit

Demand letter Complaint Depositions Interrogatories/Document Requests Disposition of a Lawsuit

Demand Letter

The first step in many civil lawsuits is for the lawyer to send a private “demand letter” outlining the victim’s legal claims and harm suffered. The letter usually states that the victim intends to file a lawsuit unless the parties can reach a private settlement. The demand letter may lead to resolution of the case without filing a formal lawsuit.

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Complaint

If the case is not resolved by a demand letter, or if one is not sent, a “complaint” is filed. The complaint is a written description of the victim’s legal claims against the defendant(s). The complaint is filed in state or federal court, depending on the nature of the case.

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Depositions

Once the lawsuit has begun, both sides may require depositions of anyone with relevant information, including the victim and the offender. A deposition is a proceeding in which attorneys can question the victim or witness in person. The deposition is recorded, and it usually takes place in an office without a judge. The victim is prepared by her attorney who attends the deposition with her.

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Interrogatories/Document Requests

Either side may also require the other side to respond to written questions or provide copies of relevant documents. Depositions and interrogatories are often referred to as “discovery.”

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Disposition of a Lawsuit

A civil lawsuit will end in one of several ways:

• Settlement. Most cases end in a settlement -- an agreement by the victim to dismiss the case in exchange for financial compensation. The settlement may also require the defendant to offer a formal apology to the victim and/or to fulfill certain conditions such as upgrading security. The lawyer will discuss the range of possible conditions with the victim in advance of settlement discussions. A lawyer cannot agree to a settlement without the victim’s authorization.
  
  
• Alternative Dispute Resolution. An increasingly popular means to resolve a case is through mediation or arbitration. In mediation, both parties agree to have the case reviewed by a mediator who makes suggestions and tries to help the parties reach a resolution of the case. The parties do not have to follow the mediator’s recommendations. In arbitration, both parties agree to be bound by the decision of the arbitrator instead of having the case resolved in court. Mediations and arbitrations are usually conducted privately and are much less formal than court proceedings. The settlements are usually confidential. For both sides, alternative dispute resolution leads to a quicker, less expensive resolution of the case.
  
  
• Motions. Some cases are dismissed outright by the court because of technical defenses, such as the lawsuit being filed too late, or insufficient evidence. Both sides may appeal the court’s decision to a higher court.
  
  
• Trial. If the lawsuit is not resolved, it goes to trial before a jury or a judge. At the trial, the attorneys make opening statements. Generally, the victim testifies, along with any supporting witnesses . The attorney for the opposing side cross-examines the witnesses. At the end of the case, both parties make closing arguments, and then the jury deliberates. The jury decides whether the defendants are responsible for the victim’s injuries and if so, how much money should be awarded to the victim.
  
  
• Appellate Review. In a civil case, unlike a criminal case, either side may appeal the verdict and the amount of damages. For an appeal to be successful there generally must have been a legal mistake at the trial. Neither side can appeal simply because they are unhappy with the result.
  
  

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