How Does a Lawsuit Work?

Lawsuits are used to resolve a problem when two parties cannot settle a difference peacefully. Civil suits are "torts"---they do not involve criminal violations. Torts are suits in which one person, called the "complainant" or "plaintiff," tries to prove that another, called the "respondent" or "defendant," has harmed him somehow. English common law established the tort as a way to stop one person from behaving in a way that, although not criminal, harms others. In order to win a civil lawsuit, the complainant must prove that the respondent acted with intention, negligence or was otherwise responsible for the action. The court decides the value of the damage and what is owed to the complainant.

Let's say you've tried to get your neighbor to pay for damage to your property for which you feel she's responsible. You've talked to her and she's told you to get lost. You've consulted an attorney and he's contacted her to see if the problem can be worked out, and she's told him to get lost. If you're sure that she intended to do harm, she was negligent or she's responsible for something that someone acting in her name (like a property manager) has done, you---or your attorney---draws up a Summons and Complaint. This document outlines your case and includes names of everyone involved, the grounds for your complaint, the facts of the situation and compensation you request. After the complaint has been filed and served to the defendant (requirements vary by state), she has a period of time in which to officially respond to the charges. If she doesn't file a response, the judge would find in your favor by "default" and summon everyone to negotiate compensation. If she does respond, your attorneys determine what documents, correspondence and other physical material you each need to argue your side of the story. The attorneys demand physical materials using a process called "discovery," which may include interviews (called depositions) before the trial. Before the trial is scheduled, both attorneys and their clients meet with the judge to try to solve the quarrel without a trial.

Experienced attorneys try to settle lawsuits to their clients' satisfaction during the pre-trial process, and the judge may order mediation or arbitration rather than a trial. If the case does go to trial, each side presents its case, and the jury (or just a judge, if requested by both parties) decides who's right and what compensation should be ordered. The plaintiff must prove each element of his claim and show that he is entitled to compensation. The defendant has the right to respond with her own evidence as in any trial. Unlike a criminal trial, however, a jury decides by majority vote whether all of the necessary facts have been proven to "a high degree of probability." The jury determines compensation in many states or, in other states, recommends compensation to the judge.

Resources

• Lawsuit summary
• FindLaw's guide to civil suits
• Frivolous suits