Let’s cover some basic information about lawsuits. Remember this course does not establish any attorney-client relationship. AnimalCourts.com presents this material for general informational purposes only. If you have a legal question, need legal advice, or require legal representation, please immediately contact a lawyer in your area.
Typically, a civil suit is a claim by a person against another person for money to cover a variety of damages resulting from some negligent acts or some breach of contract.
The person bringing a lawsuit is typically called the plaintiff and the person being sued is typically called the defendant.
The plaintiff in a civil lawsuit has the “burden of proof.” The plaintiff is required to prove each legal element of his or her claim. Usually the level of proof a plaintiff needs to meet is called a “preponderance of the evidence.”
The legal standard of the “preponderance of evidence” is a lesser standard than the criminal law standard of “beyond a reasonable doubt.” Civil cases require a level of proof lower than a criminal case.
The “preponderance of evidence” for example, is a level of proof is “as that superior weight of evidence upon the issues involved which, while not enough to free the mind wholly from reasonable doubt, is yet sufficient to incline a reasonable and impartial mind to one side of the issue than to the other.” (See Abdul-Majeed v. Emory University Hospital, 225 GA. App. 608, 609 (1997)).
This standard is not based on the number of witnesses or the volume of documents brought to court. Rather the preponderance of evidence considers what is actually the more convincing evidence based on truth and accuracy. Think of it as 50% plus a little more of the credible, truthful and accurate evidence presented.
- There are several levels of proof that can apply to a lawsuit and claims such as:
- Preponderance of evidence
- Clear and convincing evidence
- Substantial evidence
While most courts around the country hold the plaintiff to a “preponderance of evidence” standard, please check with your local court, or contact a local lawyer, to determine what the level of proof and standard is used in your specific jurisdiction.
To start a lawsuit, most courts require that a plaintiff, the person suing, file a Complaint or Statement of Claim with the court. This is a document that contains the allegation against the defendant.
The Complaint or Statement of Claim needs to contain sufficient information to put the Defendant, the person being sued, on notice of what the lawsuit is about.
The information consists of the facts about the case and how the claims arose. Depending on your type of claim, your local and state laws will set out the legal elements that need to be stated.
For example, if you are claiming injury due to some one’s negligence you will generally have to show the defendant had a duty not to harm you, the defendant breached or failed to live up to that duty, and the damages were both directly and proximately caused a result.
Some jurisdictions may impose strict liability on a dog or other animal owner when such dog or animal causes injuries. Some jurisdictions base liability on whether there was a “leash law,” or control of animal violation, whether the animal was previously declared or known to have a propensity as being vicious, or even if the dog is subject to some breed specific legislation.
These can be difficult legal elements to know, understand, and properly allege. Please check with an attorney in your area who is familiar with civil claims involving animals to help you properly prepare the complaint or statement of claim.
A lawyer or legal aid service can assist in preparing the Complaint or Statement of Claim to make sure all the proper elements of the case are properly and accurately set out.
If you are unsure or have any question about how to properly prepare a complaint with all the required information, please contact a lawyer. Failing to properly and fully prepare a complaint can have significant legal consequences on what you can claim.
Also, please take specific note that claims have deadlines. These deadlines are called Statute of Limitations. A claim filed beyond the assigned Statute of Limitations will be denied.
For example, many jurisdictions have a two-year time limit for filing a claim against a defendant for personal injuries. Claims for personal injuries filed more than two years after the injury will be denied. Different kinds of claims can have different statute of limitations assigned to them.
It is important that you check your local laws to determine what the deadline or statute of limitation is for your specific case. Do not delay! Talk with a local lawyer if you need assistance.
Many courts allow, and some require, that the Complaint or Statements of Claim to be filed with the court through the court’s on-line service.
Courts charge a filing fee for each complaint filed. You can contact the local clerk of court’s office or look on-line to determine your local filing and service fees.
After the Complaint is filed, the filing fee paid, the Complaint needs to be properly delivered into the hands of the Defendant. This is called “Service.”
The Defendant is “served” with a copy of the Complaint along with a Court Summons. The Summons provides the Defendant with important information on what he/she needs to do in response and sets out specific deadlines for responding.
Typically, personal service of the complaint and summons must be done by the local sheriff, court constable or marshal. Many courts allow registered and court authorized “Agents” to accomplish the service of the Defendant.
Please note that simply mailing or dropping the paperwork off is legally insufficient for proper service of the lawsuit.
There may be other requirements for proper service, or other ways to accomplish service, in your area. Please check with a local lawyer for assistance if needed.
Once the Defendant has been properly served with the Complaint and Summons, the Defendant must respond in a timely fashion. This response is called an “Answer.”
The Defendant’s Answer is the response to the complaint where the Defendant either admits or denies what is alleged.
The law may require your answer contain mandatory provisions and defenses or they may be waived. The law may also require provisions and defenses that are specific and mandatory in suits stemming from animal behavior. Failing to include required, specific, or important provisions in your answer could result in you waiving important defenses.
The Answer must be filed with the court within the time allowed. The summons sheet usually has the due date or the number of days for the Defendant to file the Answer.
Failing to properly and timely file an Answer will cause a Defendant to be in default. Do not delay! Contact a local lawyer for assistance.
Being in default means the Defendant cannot contest or fight some, or even all, of the allegations listed in the Complaint.
This is important: If you are served with a lawsuit, carefully read all the documents, front and back, provided to you. Pay close attention to deadlines. Contact a lawyer immediately if you are unsure or have any questions about how to properly proceed. Failing to respond correctly and timely has serious and significant legal consequences.
If you are served with a lawsuit you may also need to contact your homeowners, renters, or other liability coverage insurance company. Your insurance company needs to know immediately that a lawsuit has been filed against you. The insurance company may also provide a lawyer to you.
If you know of a potential claim against you, even if a lawsuit has not yet been filed, contact your insurance company immediately.
This is important: Failing to contact your insurance company and provide the details of a possible claim or copies of a lawsuit may result in losing your insurance protection and coverage. Contact your insurance company immediately if you are served with a lawsuit or even know about a potential claim.
This is important: Review your insurance policies BEFORE any claims arise. Insurance companies will not cover a claim or provide legal assistance for past claims if there was not coverage. The proper coverage needs to be in your policy BEFORE a claim occurs.
These can be difficult legal elements to know, understand, and properly complete. Please check with an attorney in your area who is familiar with civil claims involving animals to help you properly prepare the answer and a defense. They can even assist with notifying your insurance company.
Once the plaintiff’s complaint has been properly and timely filed and served, and after the defendant’s answer has been properly and timely filed with the court, the court will schedule a court date.
In many small claims cases, the first court date will be the actual trial date. For larger cases in the state, superior, or district courts (or similar courts), the first court date may be more of a scheduling conference. Larger cases can take considerable time before actually going to trial. A lot of preliminary matters need to be completed before these cases are ready to be tried in front of a judge or jury.
How trials are conducted is beyond the scope of this course. But, understand the laws, rules of procedure and rules of evidence play critical roles in civil trial. Misapplying, not using, or not knowing these various rules can have significant negative consequences in your case. And, that is true for both plaintiffs and defendants.
It is strongly advised you talk with a local lawyer familiar with civil cases to properly prepare and to properly conduct the trial of your case.