Attorney Michael Molfetta of Molfetta Law Explains What Qualifies as a Civil Lawsuit

In the United States, there are two types of lawsuits -- a criminal and a civil lawsuit. As attorney Michael Molfetta explains, a civil lawsuit occurs between two private citizens or a citizen and a business. In contrast, a criminal case involves either the state or federal government.

Molfetta is well-versed in criminal and civil law, having worked as a Prosecutor at the Orange County DA office before starting his law firm, Molfetta Law. Consequently, he's passionate about keeping current and prospective clients well informed.

Any person can file a civil lawsuit against another person or company, and there are a variety of reasons why an individual might want to do so. Below, Molfetta offers more of an explanation of what a civil lawsuit is and some reasons why a person might want to file one.

What Defines a Civil Lawsuit?

A civil lawsuit is filed by one private entity against another private entity. The entity can be an individual, a group of individuals, a business, or an organization.

Through a civil lawsuit, one entity seeks to hold the other entity liable for a wrongful act or harm that was caused. In most cases, the outcome of a successful civil lawsuit is for a court to award the plaintiff compensation for whatever harm resulted from the incident at the heart of the suit.

The plaintiff in a civil lawsuit is requesting that a court rule in their favor, which would result in a judgment being placed on the defendant to pay a certain amount of money, which is referred to as damages.

In a criminal case, by contrast, the plaintiff is typically the state or federal government, and a successful prosecution results in criminal penalties such as fines or time in jail.

Burden of Proof

Most people are familiar with the burden of proof in criminal cases, in which the prosecution must prove "beyond a reasonable doubt" that the defendant committed a crime. In civil cases, the burden of proof is lower.

In this type of lawsuit, the plaintiff must prove that "by a preponderance of the evidence," the defendant should be held liable for their action or inaction. In layman's terms, this means the plaintiff must prove it's more likely than not that what they are alleging is true.

How Outcomes are Determined

The process for civil lawsuits is similar to criminal lawsuits. Official paperwork is filed with a court of law, and both sides of the case conduct investigations and discoveries. Then, a jury is selected, and the trial begins.

However, many civil lawsuits are settled out of court in a settlement negotiation. This happens either voluntarily between the two parties or through mediation or arbitration. 

If the case is settled out of court, the civil lawyer will petition the court to dismiss the case due to a settlement agreement.

Examples of Civil Lawsuits

There are a number of examples of civil lawsuits. One of the most common, as Michael Molfetta explains, is personal injury. This could occur if someone was injured in a car accident, on the job, or at a retail store. Other examples include medical malpractice, negligence by a business or a private person, breach of contract between two or more parties, fraud, and evictions. Any of these disputes can be taken before a civil court of law to decide if a plaintiff has incurred any damages and how they should be compensated as a result.

About Michael Molfetta

Michael Molfetta is a renowned litigation attorney and the founder of Molfetta Law. With 30 years of litigation experience, Molfetta has argued cases in both State and Federal courts and represented high-profile clients in nearly 300 jury trials. Molfetta Law specializes in consumer protection, timeshare exits, white-collar crimes, narcotics and drug-related offenses, murder and manslaughter, and sex offenses.

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