What Is Civil Litigation?

by | Feb 2, 2015 | Legal Services

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Civil litigation lawyers in Chicago are legal professionals that are called in when one individual brings suit against another. The process, called tort is that which allows the plaintiff to recover damages for injuries that were caused intentionally or were the results of negligence. Civil litigation is very different from criminal litigation; the rules are different as is the burden of proof.

Civil laws or tort laws are those that relate to civil wrongdoings, tort law is practiced in areas where common law is practiced; the US, Canada, Australia, Britain etc. Tort law is basically judge made law which has been created over many years of judicial decisions.

In civil law people have a legal duty to behave responsibly and in an appropriate manner towards others. In the event these duties are breached the individual who causes the breach will be subjected to civil penalties, it is this breach that is the forte of civil litigation lawyers in Chicago.

There are two basic types of civil or tort litigation. The first is when lawsuits are based on intentional actions and the other when the lawsuit is based on negligence. Although the greatest majority of tort action is civil there are cases when a civil action gives rise to criminal action as well, this is especially true when the action was intentional. If this is the case the individual civil and criminal actions will be tried separately as the prevailing rules are very different.

An intentional tort is just as it says; one person harming another intentionally, the victim of this intentional harm can sue the perpetrator, the victim can claim monetary compensation for the damages he or she suffered, these include lost income, any medical bills as well as damages for unnecessary pain, suffering and emotional distress. In rare cases the judge will award punitive damages which are designed as punishment for the harmful action of the defendant.

Negligent torts on the other hand occur when a person is injured as the result of a negligent action on the part of another person or entity. In civil law it is an understood principal that everyone has a duty of care, a duty to behave in a reasonable manner. Failure to do this that result in injury to another will lead to a civil lawsuit.

The standard of proof in a civil lawsuit is the preponderance of evidence. The plaintiff, in cooperation with his or her civil litigation lawyers in Chicago only have to prove that, more than likely, the defendant in the case did the intentional or negligent act and it was this act that caused the harm. Go to the site www.attorneyzim.com for more information.

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