If you’ve been injured and are considering legal action, understanding how the U.S. legal system works is essential. This guide explains the key parts of the system, especially the difference between civil and criminal law.
⚖️ 1. Two Main Branches: Civil vs. Criminal Law
✅ Criminal Law:
- The government prosecutes someone accused of a crime
- Example: assault, theft, DUI, or homicide
- Punishment may include jail time, fines, or probation
- The burden of proof is “beyond a reasonable doubt”
✅ Civil Law:
- A private individual (plaintiff) sues another person or company (defendant)
- Example: personal injury, property damage, contract disputes
- Outcome is usually monetary compensation, not jail
- The burden of proof is “preponderance of the evidence”
🟢 If you’re injured in an accident, your case falls under civil law.
🏛️ 2. Court Structure in the U.S.
- State Courts: Handle most personal injury cases, car accidents, slip & falls, etc.
- Federal Courts: Handle federal law, large interstate cases, and constitutional issues
🗂 Most injury cases are filed in state trial courts unless special conditions apply (e.g., diversity of citizenship or federal question).
📝 3. Key Steps in a Civil Personal Injury Lawsuit
- Filing the Complaint – The plaintiff initiates the lawsuit
- Serving the Defendant – Formal notice is given
- Discovery Phase – Both sides exchange evidence and information
- Motions and Hearings – Pretrial rulings may happen
- Settlement Talks / Mediation
- Trial – A judge or jury decides fault and compensation
- Appeal (optional)
💡 Most personal injury lawsuits are settled out of court before reaching trial.
🧾 4. Legal Standards of Proof (Simplified)
| Type of Case | Standard of Proof | Who Has the Burden |
|---|---|---|
| Criminal | Beyond a reasonable doubt | Prosecutor |
| Civil | Preponderance of evidence (51%) | Plaintiff |
👨⚖️ 5. Roles of Legal Professionals
- Plaintiff Lawyer: Represents the injured person (you)
- Defense Lawyer: Hired by the defendant or insurance company
- Judge: Oversees the legal process
- Jury: Sometimes used to decide facts and damages
📍 6. Federal vs. State Law: Why It Matters
- Each state has its own laws on injury compensation, time limits, and liability
- Federal law may apply if:
- The injury occurred across state lines
- A federal agency is involved
- A constitutional issue arises
That’s why choosing a lawyer licensed in your state is so important.
🟦 Need Help Understanding Your Legal Rights?
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