What do you think about when you hear the word “lawsuit?” There’s a good chance it probably isn’t something positive. In fact, if you Google the word “frivolous,” the term “frivolous lawsuit” is the fifth item behind it in the search results.
Although the rate at which Americans file civil suits has dropped in recent years, large companies have continued to lobby news outlets in order to make you think the number of lawsuits in America is out of control. Yet saying most lawsuits are frivolous simply isn’t true.At Mathias Raphael PLLC Accident & Injury Lawyers, our Dallas personal injury attorneys take civil justice seriously. That’s why we we’ve taken the time to outline some facts for you about what really goes on in the civil justice system. Keep reading to learn more!
Civil Law v. Criminal Law
Felony offenses such as robberies and homicides are tried in criminal law courts within the United States legal system. But not all major legal offenses involve serious federal crimes. That’s where the civil courts come in. It is the job of civil courts to prosecute cases that federal courts are unable to prosecute under the 7th Amendment, which gives someone the right to sue. Usually, these cases involve legal disputes between two people, or between a group of people and an organization, rather than between people and the state.
A good way to understand this is through the legal trouble of O.J. Simpson. Although Simpson was not found guilty in the initial criminal case of People of the State of California v. Orenthal James Simpson, he was found guilty of wrongful death in the civil case brought against him by the families of his alleged victims. In this matter, many would say justice was not served in criminal court, but was served in civil court, in so much as it allowed several wronged parties to seek monetary damages.
This is what the civil justice system is centrally about: providing compensation for those who are not able to seek justice at the state and federal level.
Branches of Civil Law
Civil law can be divided into several different categories.
Civil law cases usually deal with:
- Family law: This includes areas like divorce and adoption.
- Property law: This includes cases where “real” property is damaged, i.e. cases involving major assets.
- Tort law: This includes personal injury cases or property damage cases, depending on the size of the property.
- Contract law: This includes instances where one person believes another person or organization is somehow in breach of contract.
Using Civil Law to Fight Corporations
As mentioned above, civil courts don’t just litigate disputes between people. Because of many important civil cases, corporations have been reigned in and forced to pay out large sums of money, leading to new standards that help set better wages and humane working conditions. And, thanks to civil suits, companies that produce things like cars, toys and oil have all been forced to update their technology to make people safer.
Filing Your Civil Suit
From car accidents to catastrophic injuries to wrongful death, our Dallas personal injury attorneys at Mathias Raphael PLLC Accident & Injury Lawyers will use the civil justice system to advocate on your behalf. We offer free case evaluations and provide personalized service to every client who walks through our door.
Dial (214) 739-0100 or contact us online to find out how Mathias Raphael PLLC Accident & Injury Lawyers can help you.