How Many Ways Can A Civil Case End?
On the other hand, not every civil case ends in a settlement either. There are actually a number of different alternatives:
1. The Case Is Never Filed
While this may not technically be a way for a case to end, it often marks the end of a potential plaintiff’s dispute with the responsible party. There are a few steps in between an action which may justify a court case and the moment when that case is filed, including negotiations with lawyers, and if the two parties can come to an agreeable settlement then there’s no need to file a court claim.
2. The Parties Opt For Arbitration
For many kinds of civil claims, the parties have the option to seek the ruling of an arbitration board instead of a court trial. Arbitration has the advantage of being generally cheaper and faster than a court case, but its disadvantages include the tendency for arbiters to favor corporations over individuals and the fact that you can’t appeal an arbitrated decision the way you can a court decision.
3. The Plaintiff Drops The Case
Since the plaintiff is the one responsible for bringing a case to court, if they decide that they no longer have a reason to continue then they can end the case at any time. This may happen if they discover that the defense’s arguments are ironclad, if they realize that the settlement they’ll likely get is too small to justify continuing, or if they receive some form of sufficient compensation that falls outside of an official settlement.
4. The Defendant Settles
A defendant obviously can’t drop a case the way a plaintiff can, but they do have the option to negotiate a settlement with the plaintiff, usually for an amount that’s below the plaintiff’s court claim. Their reasons for doing so are similar to the reasons a plaintiff might drop a case: the plaintiff’s evidence is beyond any doubt, their legal costs are growing too steep to afford to continue, or they successfully manage to bring the settlement cost down by providing something the plaintiff wants more than money.
5. The Judge Dismisses The Case
A motion to dismiss usually has to be filed by the defendant, and while it happens most often immediately after the case is filed a defendant can technically ask for a dismissal at any time. While a motion to dismiss can end a case if a plaintiff doesn’t have a real chance of winning but refuses to drop it anyway, a dismissal can also be called for on technical grounds.
For instance, a plaintiff may mistakenly file their claim in the wrong jurisdiction: If two New York residents manage to get in a car accident while vacationing in Florida, they might think to file in New York since that’s where they live, but since the accident occurred in Florida it falls under a Florida court’s jurisdiction. Other grounds for dismissal include an expired statute of limitations, a failure to serve the defendant with the summons and complaint, and a failure of the complaint to show that the defendant violated the law.
6. The Jury Delivers Its Ruling
Once every argument is heard, it’s ultimately up to the jury to decide on whether the defendant is at fault and just how much of a settlement they should pay to make things right. That’s not to say their decision is always final, however, since the party that lost has the right to appeal this decision (and they very often do).
If you have a dispute on your hands that you think would best be settled in civil court, and if this dispute originated in Port Charlotte or Sarasota, then you should contact the All Injuries Law Firm right away. We can provide you with a free initial consultation so you can find out whether your case has merit and how you should move forward, and if you do we can help you obtain the best settlement possible.