Civil courts can offer solutions to those who cannot resolve disputes on their own. Judges can hear cases brought by those harmed by another person or a business seeking relief and remedies for their losses.
After a breach of contract or an injury caused by an outside party, people can file lawsuits to hold other parties accountable. Lawsuits can result in financial compensation, the termination of contractual obligations or injunctions issued by judges. Judges can even order specific performance, which is a court order mandating that one party complete certain actions to remedy the situation.
Lawsuits are often a viable option for those frustrated by the bad behavior, negligence or omissions of others. However, successful litigation requires the development of an appropriate legal strategy. Plaintiffs seeking justice in the civil courts need evidence supporting their allegations against the defendants they sue. What are the evidence requirements for a successful lawsuit?
A majority of proof must support the plaintiff’s claims
People may turn to the civil courts when the state declines to prosecute the other party or fails to secure a conviction. In criminal court, state prosecutors have to meet a very high evidentiary standard. They have to prove beyond a reasonable doubt that the defendant broke the law.
The standard imposed in civil cases is significantly lower. Plaintiffs initiating civil litigation must show that a preponderance of the evidence supports their claim. Simply put, more than half of the available evidence needs to support the plaintiff’s version of events. In scenarios involving significant misconduct and a request for exemplary or punitive damages, plaintiffs need even stronger evidence. The courts require clear and convincing evidence of malice, fraud or gross negligence.
Evidence can include contracts, communications between the parties, forensic evidence and witness statements. A variety of different forms of evidence can help people establish that another party caused harm or failed to fulfill certain duties. Successful litigation is as much about gathering and properly presenting evidence as it is about understanding the law.
Having support when evaluating the possibility of civil litigation can help people determine if going to civil court is a reasonable option. Those with proper help and insight into the law may be able to demand accountability from individuals and businesses by initiating civil litigation.