Individuals who bring civil lawsuits against others may have to go to civil court to settle their cases. Unlike criminal cases, civil cases are not always heard before juries. Many civil cases are decided just by a judge.
Depending on the case, a case will be heard before a jury or judge. Ultimately, the court will decide what the appropriate course of action is, and unlike with criminal cases, individuals do not have the right to a trial by their peers in all cases.
When Is There a Jury?
Usually, a civil case will have a jury when the case is substantial. This may mean that the case involves:
- Large sums of money
- Several people, like a class action lawsuit
- High profile individuals
The court will decide whether a case is substantial enough to warrant a jury hearing depending on these factors. It is important to note that the decision to have a jury is entirely up to the court, and not all cases with the previously mentioned factors will necessarily have juries.
When Is There Just a Judge?
A civil case will usually have only a judge when:
- It is a small claims case
- The case involves just one person
Again, other factors may influence the court’s decision, so a single individual making a small claim should never assume that he or she will not face a jury.
Can I Avoid Court All Together?
Some individuals may be able to avoid court if they are able to reach a settlement before the hearing. A settlement is an agreed upon resolution of a case before it reaches court. Usually, the defendant in the case will agree to pay the accuser a set sum of money.
A case may be more likely to be settled out of court when:
- The defendant admits guilt
- The defendant does not believe he or she can prove innocence
- The potential costs of case outweigh the costs of settling
It is important to note that the defendant must approach the accuser with a settlement and not the other way around. An accuser may, however, make it known that he or she is willing to settle before a settlement is offered.
Contact Us
When you have been injured, it is important to know what legal proceedings you may face. For more information, please contact the Fort Lauderdale personal injury attorneys of Salpeter & Gitkin, LLP, at 954-467-8622.
