Civil litigation is the process of bringing a complaint in front of a judge or a jury. The law allows people in a variety of situations to take legal action against others. Plaintiffs who allege that an individual, business or other organization caused them harm can ask the courts for relief.
Sometimes injunctive relief is sought in which the judge issues an order requiring the opposing party to either stop doing something harmful, or to do something to comply with the order. In other cases, financial relief is the objective of the plaintiff pursuing the civil action in court. The misconduct or negligence of the opposing party may have caused the plaintiff significant financial losses which they seek to recoup through litigation. There are multiple ways for civil court judges to diminish the economic harm plaintiffs experience due to the misconduct or failures of other parties.
What forms of relief can a judge or jury in civil court provide?
An award of damages
Requesting money damages is common in civil litigation. Plaintiffs ask the courts to award them a specific amount of money based on what occurred. Money damages could include economic losses, such as lost wages, property damage expenses, lost profits or medical costs. In some cases, there may also be an option to request non-economic damages to increase the total amount of compensation possible in a civil lawsuit, such as pain and suffering.
Penalties integrated into contracts
Many civil actions relate to contractual relationships. An example is a business which hired a service provider to provide services but then refused to pay for the services provided. Another example is a former employee violated a non-compete or non-disclosure agreement after leaving the employment of his former employer resulting in harm to the employer. In many cases, the original contract includes terms and conditions which expressly state the consequences in those circumstances. In other cases, the underlying contract may be vague, and the judge or jury may have to decide what is fair. When the outcome results in a verdict in favor of the plaintiff, judges have the authority to enforce the terms of the contract, and the payment of any award of damages.
Injunctions to prevent additional issues
A civil court judge can issue injunctions which forbid certain conduct or require that people perform certain acts to fulfill contractual or other legal obligations. An injunction could theoretically prevent the destruction of resources or asset transfers that could prove unjustly harmful to the plaintiff. The courts can issue an order to preserve resources, or to prevent harm or misconduct which could cause additional financial or other harm to the plaintiff.
For those seeking to bring a civil action to obtain either financial or injunctive relief, having experienced professional support to prepare for and pursue a civil action will make the process much easier, and will maximize the likelihood of obtaining the desired judgment or decree.