In New Jersey, citizens often rely on police and prosecutors to uphold the law and pursue justice. However, there are situations where authorities may choose not to take action, leaving individuals feeling helpless and seeking alternative means for resolution. Civil court becomes a crucial avenue for those seeking justice when criminal justice avenues fall short. This comprehensive guide explores your options in New Jersey’s civil courts, including the types of cases you can pursue, the benefits of civil action, and the procedural steps involved.
Understanding Civil vs. Criminal Actions
The first step in pursuing justice through civil litigation is understanding the difference between civil and criminal law. Criminal cases are prosecuted by the state and focus on penalizing wrongdoers with fines, community service, or imprisonment to prevent further offenses. In contrast, civil lawsuits are initiated by individuals or entities seeking compensation or specific performance from another party.
Common Scenarios for Civil Actions
Here are some common scenarios where you might consider taking civil action:
- Personal Injury: If you’ve been injured due to someone’s negligence and the prosecutor declines to press criminal charges, a civil suit can be a viable way to claim damages.
- Property Disputes: Disagreements over property boundaries or damages may not always involve criminal activities but can be settled effectively in civil court.
- Contract Breaches: If a party fails to uphold their part of a contractual agreement, and criminal fraud is not involved, the matter can be resolved through civil litigation.
- Discrimination Cases: Victims of discrimination that do not meet the criminal threshold might still seek relief in civil courts through discrimination lawsuits.
Advantages of Civil Litigation
Civil court offers several advantages when other legal avenues are closed:
- Compensation: Civil judgments can provide monetary compensation, something criminal proceedings rarely offer to victims directly.
- Lower Burden of Proof: Civil cases require the preponderance of the evidence rather than the beyond a reasonable doubt standard used in criminal cases, making it easier to prove your case.
- Control Over Proceedings: In civil litigation, the plaintiff has more control over the case, including whether to settle or pursue a full trial.
Steps to File a Civil Lawsuit in New Jersey
- Consultation with an Attorney: Before taking any legal action, consult with an attorney experienced in civil litigation. They can provide a realistic assessment of your case and guide you through the process.
- Filing a Complaint: Your attorney will draft a complaint outlining your legal claims and the damages you seek, then file it in the appropriate New Jersey court.
- Serving the Defendant: The defendant must be legally notified of the lawsuit through a process called service of process.
- Responding to the Complaint: The defendant will have a chance to respond, either by agreeing, disputing the claims, or filing counterclaims.
- Discovery Process: Both parties exchange information through depositions, document requests, and interrogatories to build their cases.
- Trial: If a settlement is not reached, the case will go to trial where both sides present their evidence and arguments before a judge or jury.
- Judgment and Appeal: After the trial, a judgment is issued. Either party may appeal the decision if they believe legal errors occurred.
Conclusion
When New Jersey’s police and prosecutors fail to take action, civil court remains a powerful tool for achieving justice. Understanding the distinctions between civil and criminal law, knowing what situations warrant a civil lawsuit, and navigating the procedural complexities of the legal system are essential for success. With the right guidance and preparation, the civil court system offers a viable path to compensation and satisfaction when other avenues fail.