You are a survivor, and you’ve found yourself in the middle of the civil justice process. You’re surrounded by complicated legal terminology and aren’t sure what is happening or what to expect. You’ve already dealt with so much, including the reporting process, the reactions of others around you, and the aftermath of abuse or misconduct you experienced.
You may feel that things just keep becoming more complicated. Along with all of the other emotions you may be experiencing, like anger, frustration, betrayal, and grief, you’re facing the entire process ahead of you.
You may feel like things have escalated far beyond yourself, or like you’re not in control. You may feel anxious because you’re in unfamiliar territory. You may also feel like you’re outside of your own body, or like you’re dissociating. You might be having a trauma response.
Here at #WeRideTogether, we want to ensure that survivors are supported, empowered, and have the tools they need to navigate complicated processes, such as civil proceedings. This piece is intended to serve as a guide for those involved in a civil proceeding who are survivors under the age of 18. This resource can also be helpful for parents who are undergoing the civil process concerning misconduct or abuse of their child.
First, let’s go over some basic terminology that will be useful for you to know. You may have heard these terms before, but even if so, it’s useful to have a refresher.
Note: The following procedures may or may not be part of your experience, depending on your state and what type of claim you are pursuing. If you’re unsure and want to know more about your specific case, an attorney can provide more useful information.
Vocabulary
Action/Lawsuit
- For purposes of this piece, these two words will mean the same thing. A lawsuit is the action your side has taken by formally filing a complaint against the defendant.
Cause of Action
- The cause of action is the reason for the lawsuit. There are many different types of cause for a civil action, including liability, neglect, breach of contract, or personal injury. Personal injury is likely the cause of action in your case.
Class Action
- A class action is another type of lawsuit. In this type of action, one of the parties is a group of people, rather than just one person. Any judgment or settlement in a class action lawsuit will apply to all members of the group. An example of this would be a group of athletes filing a complaint against a former coach.
Damages
- As explained above, damages are the specific type of remedy you (or the plaintiff, if not you) likely seek. Damages are often in the form of financial compensation, but other forms also exist. In most cases, the remedy sought is likely monetary. Therefore, through the lawsuit, you are asking that the Court rule in favor of your party and grant you the damages. This means that if you win the lawsuit, the defendant (opposing party) will have to pay you this amount.
Deposition
- Deposition is a process under which those involved in a civil case will be questioned under oath by the opposing side’s attorneys. This will often be videotaped and recorded, and is meant to allow the other side to uncover facts that may support their claims. The attorney of the individual being deposed, or questioned, will be present. If the individual being deposed is a minor, there may be accommodations in your state to make this process easier. This may include limiting the duration and nature of the questioning. If this is your case, be sure to ask your attorney how and if the deposition process can be altered to ease this process.
Defendant
- The defendant is the individual who is being sued in the civil action. In the lawsuit, the defendant has been accused of committing some harm or wrongdoing. In your circumstances, the defendant is the person who perpetrated the abuse or misconduct.
- Note: In this resource, we will use the term “offender” when referring to the defendant. You or others may also refer to this individual as your assailant or the perpetrator. Simply put, this is the person who has conducted the abuse or misconduct.
Discovery
- A part of the civil process that occurs before the trial, and involves both parties requesting and acquiring evidence from the opposing side to assist their case. Attorneys will use various legal tools to obtain information, including depositions.
Judge
- For your purposes, the judge oversees the trial. The judge’s role is to manage the trial and ensure a fair process. You can think of a judge like the conductor of an orchestra. The conductor leads the orchestra and tells which instruments when to play. Similarly, the judge manages the timeline of the trial, instructing each side when they can present their case. In a civil trial, the fact finder may be the judge or jury.
Jury
- In a civil trial, the fact-finder may also be a jury. This jury will be selected to be a group of unbiased, impartial individuals who will evaluate the case. A jury will be selected through a series of processes involving the judge, plaintiff’s attorneys, and the defense’s attorneys.
Liability
- If the defendant is deemed to be responsible for the wrongdoing in the Court (such as the physical injury), they are “held liable.”
Lookback Window
- A lookback window is a tool that allows you to extend the statute of limitations, and is commonly applied in cases involving sexual assault. Depending on your state’s laws, this window may extend the period within which you can file claims against your perpetrator. Some states also have indefinite lookback windows, meaning that the statute of limitations is essentially removed. For more information on lookback windows, review this resource. We also encourage you to ask your attorney for specific information about the laws in your state.
Oath
- When you are asked to make an oath before you testify, it means that you are promising to tell the truth. It is important that you don’t lie on the stand when speaking in court because lying under oath (after you’ve made this promise not to lie) is a crime called perjury.
Personal Injury
- Personal injury is one type of cause of action. This cause of action alleges that there has been harm to an individual’s body, mind, or emotions.
Plaintiff
- In a civil proceeding, the plaintiff is the party who has brought a lawsuit against the defendant, alleging harm the defendant committed. In this scenario, it is likely that you may be the plaintiff. If you are under 18, your parents or guardians will represent you in the party, as a minor cannot bring a lawsuit against another person. The plaintiff alleges a complaint against the defendant and seeks some form of remedy in return.
Preponderance of Evidence
- This is the legal standard that a jury must consider when deciding whether a defendant should be found liable, or “responsible,” for the damages or harm incurred by the plaintiff. This is a lower standard than the standard used in a criminal case, the burden of proof. In order to find the defendant liable, the plaintiff’s legal team must convince the jury members that the defendant “more likely than not” committed the harmful actions.
Remedy
- A remedy is the outcome that the plaintiff party seeks to get from the civil case. Although there are many forms of remedy in a civil lawsuit, the type in your case is likely financial compensation. This financial amount will be known as the “damages” you seek.
Settlement
- A settlement is when both parties agree to “settle” the case before it has been formally decided by the Court.
Statute of Limitations
- A statute of limitations establishes a deadline before which you must file a lawsuit. This time range will vary depending on your state and the type of lawsuit you wish to file (the cause of action).
Witness
- During the civil trial, both sides will likely call witnesses to testify in front of the jury. Witnesses will be brought forward as further evidence supporting each side. Witnesses can be incredibly persuasive for the jury, and, because of that, both sides will be inclined to call witnesses if they are available.
What is going on in a civil process?
Simplified, there are four main parts of the civil process. These stages are the pleadings, discovery, trial, and appeal.
The first stage of a civil process is pleadings.
The civil process entails two opposing parties who argue their cases in the Court to determine who is “right.” Although this may at first seem similar to a criminal trial, it is crucial to point out some key differences. First, both parties in a civil proceeding will be private parties. This means that a civil lawsuit is not the government against the accused (like a criminal trial), but instead one private party against the other. You might alternatively be involved in a class action lawsuit, where multiple individuals who have been wronged by the defendant are bringing the lawsuit as a group.
One party, the plaintiff, will have brought a lawsuit against the other party, the defendant. This typically will be initiated in the form of filing a complaint. This means the plaintiff or their attorney has filed a lawsuit against the defendant, claiming that the defendant has committed some kind of wrongdoing. The plaintiff will be seeking the outcome that the defendant be held liable or held responsible for the harm. It is important to note that the suit must be filed within the statute of limitations, which is a designated time period within which you are allowed to sue someone. However, there are some ways to extend statutes of limitation, depending on your state and the type of civil lawsuit. Ask your attorney about what this means in your case.
This process (specifically in the context of seeking damages) is a formal way of the plaintiff saying: “You’ve done this wrongful act to hurt me, and I want you to pay me back for it.” In your case, the lawsuit may be for personal injury, which harms your body, mind, or emotions.
In response, the defendant will probably argue that they did not cause that harm and, therefore, should not pay. Simply put, this process involves the defendant, or their attorneys, arguing against the plaintiff or their attorneys.
After pleadings is discovery.
Discovery is a process of investigation, where each side can use various legal tools to gain information and evidence to help support their side. One important element of discovery is deposition, a process in which you may be involved. Deposition is a process of questioning that witnesses or those involved in the case can be subject to that occurs before the trial.
If you are involved in a deposition (being “deposed”), you will be asked questions by the defendant’s attorney. You will be under oath, meaning that you must tell the truth when answering these questions. The questions asked in deposition may resemble those asked in a trial, including the events that occurred, your relationship with the offender, and details of any abuse. You and your attorney will discuss and prepare for the deposition before it occurs to help you feel prepared. For more discussion on these questions and their sensitive nature, please see the “What does it mean to testify?” section below. During this process, your attorney will be present to advise you and assist you.
After discovery is the trial.
During the trial, both the plaintiff’s and defendant’s legal teams will present their arguments on why the defendant should/should not be held liable for the damages. They will present many forms of evidence, including testimony, witness testimony, physical evidence, and digital evidence. This will be presented to the fact-finder in the case, who may be either a judge or a jury. After the trial, the fact-finder will determine if the defendant is liable for the harm(s) claimed in the lawsuit. It is important to remember that although every juror must vote “guilty” to convict a defendant in a criminal trial, a jury in a civil case does not have the same standard. Depending on your state, the number of jurors required to hold the defendant liable will vary.
After the trial, the defendant also has the ability to proceed with the final step, the appeals process. Given the purpose of this piece, we will not be discussing this step.
What is my role in a civil trial?
In a civil lawsuit, unlike a criminal trial, you and/or your family/caregivers are likely the plaintiff in the case. As a potentially key witness to your side’s arguments, you will likely be asked to testify in Court.
You may also be asked to provide any evidence of the wrongdoing. The type and amount of evidence needed for your civil case will be determined by your attorney. Depending on the relevant circumstances, the overseeing judge may have a role in determining what kinds of evidence are best.
Types of evidence that are frequently used in these cases involve the following: DNA evidence (i.e. a rape kit), clothing, text messages, phone logs, emails, social media messages, photos or videos exchanged between you and the offender, medical records, video or audio recordings of abuse or misconduct. Additionally, they may call on expert witnesses or parties in the case to testify.
You may be hesitant to provide such evidence, as it could include intimate and personal details, messages, and images. For example, if you were in frequent contact with your offender, you may be asked to submit screenshots of any texts or online messages between the two of you. If your offender either shared explicit photos or video with you or you shared explicit photos or video with them, your attorney will ask for those images as well.
However, the inclusion of certain evidence will be up to a discussion between your family and your attorney. Including evidence is an important part of this process, as it will help persuade the fact-finder(s) to vote in favor of your side.
What does it mean to testify?
Testifying in court means that you will be asked to answer questions in front of the judge (and possibly the jury) during the trial. You may also be testifying in front of the other participants in the trial, including the defendant, your attorneys, the defense attorneys, and/or others who are attending.
As a witness, you will offer your own testimony about your experiences. You will likely be asked questions by your own attorneys. These questions will be structured to guide you and reveal your information about the events that transpired between you and your offender. These questions will be discussed before the trial, and you will prepare for this testimony with your attorney(s).
This is one benefit of a civil trial compared to a criminal trial, as you have much closer contact and assistance with your attorney(s). They will guide you in your role during the trial, and ensure you are prepared for testimony.
To reveal information, you may be asked about your relationship with the offender and general information about the crime, such as where it occurred, as well as what you saw and experienced. In your case, you will likely be asked to discuss the harm the offender has caused you. If your case involves sexual abuse, you could be asked to describe where your offender touched you, how they touched you, and when it occurred. During the trial, each side may refer to things by their technical, medical terminology rather than using everyday terms. If you’re unsure of what something means, you can ask the/your attorney or the judge for clarification.
After you have testified, there is a later process called cross-examination. This process occurs because every defendant has the right to cross-examine the plaintiff’s witnesses. In this process, they will basically “check the work” of the other side by speaking to the opposing witnesses. This means that you will, on the stand, be asked questions by the defendant’s counsel. These questions will likely involve the same topics from the original testimony. You will likely be asked for details about the abuse or assault once again. Cross-examination can be particularly hard, as the purpose of this process is to create doubt in the jury’s minds about your testimony’s truth.
What will I feel while testifying?
In both steps of this process (testimony and cross-examination), you may feel intimidated, scared, and distressed. You may also feel excited, satisfied, and eager to achieve justice. You may feel empowered. Or, you might feel nothing at all. You might feel numb and separated from the situation. These feelings are all totally normal. And your feelings may also change throughout the process.
Anyone who testifies in court may feel nervous, and with this likely being a sensitive, emotional topic for you, these feelings may naturally be exacerbated. The courtroom will likely feel cold and unemotional, but you must remember that your testimony will be a really important part of the justice process. You will likely be asked to describe details of the abuse that you endured, which can feel like an incredibly terrifying and intrusive task.
During cross-examination, the questions from the defendant’s attorneys may feel as if they are attacking you or criticizing your statements. This can be scarier than testifying, as defense attorneys will be trying to make your statements seem less credible.
It might help you to remember that this is the whole point of their job. While it may feel awful during the moment, remember that it’s not a personal issue. These attorneys are being paid to make the plaintiff’s witnesses appear less reliable. Regardless of their questioning, remember not to question yourself. Know that you know the truth, and you know what happened.
Through the trial, you may feel hurt, doubted, sad, angry, frustrated, anxious, confused, attacked, enraged, and terrified. All of these feelings are totally okay.
There is no doubt that testifying may feel overwhelming and possibly retraumatizing. Being asked to talk about your experiences of abuse in front of so many strangers can be terrifying and overwhelming. Unfortunately, you likely will not have a choice of whether you wish to testify, unless you are a very young survivor or there exists other available evidence sufficient for the trial to proceed. However, depending on your case’s unique circumstances, your attorney may be able to attain certain accommodations and protections for your testimony.
Regardless, if you find yourself in this process, it can help to remind yourself what your goal is. As hard as it may be to reframe this process, recalling your aim may help you feel a bit better. Not in a “silver lining” way. Not in the way that someone who doesn’t understand your experience would say, “at least they didn’t…,” but in a real, useful context to help you through this process.
You may not feel you have power over this situation. You may not want to be a part of this process at all. You may be testifying against your own wishes or due to the decisions of a parent or guardian that have conflicted with your own desires. But you can have power over how you mentally picture your role in this. Here are some thoughts that you can remind yourself of when struggling with this process. These are real, objective goals and benefits you may accomplish through testifying, and may help you feel more in control.
- To hold my offender accountable.
- To fight for justice for myself.
- To tell the truth of my experiences to others.
- To advocate for my younger self who experienced the abuse.
- To empower other survivors.
- To empower myself.
- To get through this in one piece.
What are the outcomes of a civil case?
There are several outcomes of a civil lawsuit, and several “rewards” which the plaintiff may seek, such as damages, an injunction, or a declaratory judgment. For purposes of this piece, we will focus on damages, as they are likely the form of compensation sought by the plaintiff.
Ultimately, a fact-finder will evaluate the arguments and evidence presented to determine if the defendant is liable. The fact-finder will either be the judge or, in some cases, a jury (this will depend on the size of the financial damages sought). This financial amount will probably be determined by your attorneys or parents/guardians. If the fact-finder (the judge or jury) determines that the defendant is liable, they must pay these damages.
To summarize, you and your parents are likely suing the offender. In this process, both parties will argue as to why they are “right,” and ultimately, a judge or jury will decide this question.
What does it mean to settle?
A settlement is another outcome that may arise from a civil proceeding. A settlement occurs prematurely to the other types of outcomes, and happens before the verdict is reached in the case. You can think of a settlement as an agreement or “deal” between the two sides to have the case dismissed and end the proceedings. In a settlement, the defendant will agree to pay some money or provide some other benefit to the plaintiff. This will usually be a smaller amount of money than the plaintiff originally sued for. Negotiation between your attorney and the defendant’s attorney will determine the monetary amount. The more likely your case is to be successful, the higher number your attorney may be able to reach.
Why would I settle?
There are multiple reasons your attorney may encourage your family to come to a settlement. One significant reason is the financial burden of continuing a potentially unsuccessful lawsuit and the guaranteed financial gain from settlement itself.
Unfortunately, there may be insufficient evidence in your case to convince a fact-finder to the “preponderance of evidence” standard. If the evidence in your case is limited, and in consideration of the significant financial costs of the legal process, your attorney may advise you to settle. This is because it may be unlikely that your lawsuit succeeds, meaning you/your family will be spending money and likely not gaining financial compensation (when the defendant is found to be not liable).
Even if your case is likely to be successful, the financial and emotional depletion from a long, drawn-out legal process may still mean that a settlement is a recommended option.
Settlement is one of the most common ways civil lawsuits end, as it provides an option that is predictable and negotiable between the two parties. One could view this as the monetarily risk-averse option as it is a guaranteed outcome for the plaintiff (although it will be a smaller amount).
How may settling make me feel as a survivor?
Settlement is a much more complex issue when it comes to cases involving sexual abuse or assault. As a victim, settlement may bring negative responses from others or may lead you to feel dissatisfied.
First, you may not want to settle, or may be pressured or forced to by others. This could either be due to financial reasons or a lack of evidence. You may feel like your voice and desire to continue the process are not being heard, and that your wishes are not being respected.
Alternatively, there may be a strong negative response from others after coming to a settlement that you should be aware of. Oftentimes, people use settlements in cases such as these to try and argue that the victim was a liar, false reporter, or “just trying to get money.” These individuals may view the settlement as an escape route to avoid their perceived “truth” – that no abuse occurred and the defendant is not liable. However, they do not understand that someone choosing to settle by no means implies that harm or abuse did not occur.
The potential for unfounded and disrespectful backlash is something that you must, unfortunately, prepare for. It’s unfair to the victim and their family, and typically occurs because individuals are uneducated about what a settlement actually means. From this backlash, you may feel shamed, humiliated, tarnished, hurt, or angry. All of these feelings are entirely valid. You can be angry when people call you a liar. You can be angry when people shame survivors.
Being aware of these various outcomes and challenges that you may face may help you feel armed and more prepared throughout this process.
During challenges like these, it is most important that you prioritize your well-being as best you can. Ensure that you are practicing self-care, and remember that you know the truth. For more discussion on these questions and their sensitive nature, please see the “What does it mean to testify?” section below.
Is a civil case impacted by a criminal case?
There are other key differences between the civil and criminal processes. For starters, one benefit is that the two systems are totally separate. This is good for you, because it can provide you with multiple avenues for pursuing justice against your offender.
The civil and criminal processes have, for the most part, independent timelines. This means that it is possible to have a criminal and civil case open at the same time.
Alternatively, you can engage in the civil process after the criminal process has ended. It is important to know that even if your criminal process does not result in a conviction or proceed as you would like, you can still pursue the civil process.
It may be useful to spell this out explicitly. Here are the situations in which you can pursue a civil process.
Note: In these statements, we are assuming that the criminal process involves charges against your offender, and that you are potentially bringing the civil case against them as well.
- Before a criminal process has begun
- During criminal proceedings
- After the defendant has been found not guilty in the criminal case
- After the defendant has been found guilty in the criminal case
- After a mistrial in the criminal case
Another factor to be aware of is prosecutorial discretion. In a criminal case, the prosecutor can determine whether to pursue any criminal charges against the defendant. (For more information about the criminal process, please refer here.) Although your wishes as a victim may influence their decision, the choice is ultimately up to them. If, for whatever reason, they choose not to pursue criminal charges against the defendant, you may feel defeated and deprived of your pathway to justice. However, you still have the option to pursue a civil suit. You may also have other options, such as pursuing a SafeSport investigation or a Title IX investigation. It is important to note that a civil proceeding can occur during or after your SafeSport investigation. For more information on this, please refer to our Know Your Rights Series.
Ultimately, you should know that the civil and criminal processes operate separately. If you’re unsure about this timing, we encourage you to ask your attorney.
What are the potential benefits of pursuing a civil case over the criminal process?
There are multiple factors that may be seen as benefits of the civil process compared to the criminal process. To begin with, there is a lower burden of proof in a civil process. This means that the extent to which you must convince the fact-finder is less demanding – it’s easier to get a vote in favor of the plaintiff from a jury in the civil system than the criminal system. Whereas the criminal burden of proof is “beyond a reasonable doubt,” the burden in a civil system is only a “preponderance of evidence.”
One issue many plaintiffs face in sexual assault or abuse cases is the frequent lack of tangible evidence. Although physical or tangible evidence is incredibly compelling for a jury, because of the nature of this type of abuse, it is often nonexistent. It may be more challenging to convince a jury “beyond a reasonable doubt” and slightly easier to do so with a “preponderance of evidence.” Therefore, your chances of succeeding in the case may be more likely.
Another factor that favors the civil process is the lack of required jury unanimity. In the criminal process, a jury must vote unanimously to convict a defendant so that they can be found guilty. This means that all of the jury members must vote “guilty.” However, in a civil case, there is no requirement for a unanimous verdict. The proportion of jury members required to vote that the defendant is liable will depend on the state. For example, one-third of states only require the majority of jury members to deem the defendant liable. Check with your attorney to see how many jurors must vote to hold the defendant liable in your state. Regardless, because there is not a unanimous vote required, it may be easier to get a favorable verdict in a civil case.
Unfortunately, there are some factors that may make you or your family hesitant to pursue a civil case. For starters, the civil process can become a significant financial burden. Both parties in a civil case are expected to pay for their own legal counsel, and unlike in a criminal trial, there is no right for defendants to be provided with an attorney. This also means that the longer a civil proceeding lasts, the more costly it will become. This may be a key consideration among your family members when determining whether or not to pursue a civil suit.
It is also important to highlight the differences in potential outcomes between the criminal and civil processes, as they may influence your decision. For example, in a civil case, the perpetrator will not be sentenced to time in jail or prison. An individual can only be sentenced to prison if found guilty in criminal court. For some, the lack of this outcome could feel less “worth” the effort of the process, and may influence you not to enter the civil process.
Your attorney can further advise you and your family on the pros and cons of the civil process regarding your specific situation and whether it is a good option for you.
How can I take care of myself during this process?
We understand that this can all seem and be scary and overwhelming.
Through this process, you may feel out of control. You may feel robbed of your choices and your independence. But remember, there are certain ways to help yourself that nobody can take away from you. Make sure you’re practicing self-care. Sleep well, drink plenty of water, and don’t forget to eat. While these things may seem simple, in times of distress we may dismiss their importance. These daily actions serve to help us regulate our minds, bodies, and emotions.
It can also help to practice grounding and self-care strategies. These may be useful during moments when you’re feeling overwhelmed, or even when you’re on the witness stand. Here are some we suggest to help you center your thoughts during moments of stress.
One easy way to ground yourself is to practice deep breathing. There are many different techniques of deep breathing to help with stress, and some of them are excellently outlined by Calm and Talkspace.
Focusing on your breath may be uncomfortable at first, so take your time to find which technique suits you the best. Breathing helps us ground back into our bodies and back into the present moment.
Another way to practice self-care and remain in tune with yourself is by writing in a journal. Rather than trying to follow a strict schedule of journaling, it may be more helpful to just write when you feel the need to. Don’t pressure yourself by feeling like writing in your journal is a daily chore, but rather a helpful and soothing activity. This way, you are more willing to write when you desire self-reflection, rather than having it become another task you have to complete. Writing, especially pen on paper, can help us to dump, organize, and process our thoughts and emotions in a safe space.
Think of your ability to practice self-care like a muscle. It may feel odd at first, but the more you exercise this muscle (the more you practice these techniques), the more effective they will become. As you build up this muscle, you will find it easier to use, and you will develop techniques that you can use while experiencing high-stress situations.
Remember that you do have control over yourself. While others may not be treating you how you’d like them to right now, you can provide that kind treatment and care for yourself. Remind yourself of all the things you can control, and focus on these things rather than the things you are overwhelmed with. Such a sense of control can help you feel more relaxed and calm.
It’s also important to make sure that you have trusted friends or family members you can talk to about your feelings and experiences. As tempting as it may be, try to avoid bottling up your feelings. You may feel alone in this process, but having conversations about your feelings can help you feel supported. If you don’t have one already, you can ask your parents or guardian to connect you with a therapist.
What resources are there to help me?
Civil procedures vary significantly by state, so it's essential to research any questions you may have. In this case, you likely have the excellent resource of your (or your family’s) own attorney. They can answer your questions regarding this process and your role in it. It is also important to note that many of the technicalities of this process will be determined by the state in which you live.
For more information on whether these are applicable in your state, it may be useful to search online. Some resources may be found here from the Office for Victims of Crimes.
Your state may provide victim advocates, or volunteers who can help guide you through the civil process, explain your role in it further, and answer any questions you may have.
In some cases, a Judge will permit a closed courtroom to increase a minor’s privacy when testifying, and alternatively will allow testimony to occur from a separate location (like a video call).
Additionally, you may be able to bring another individual for support into the Courtroom when you testify.
To access these accommodations, you have to advocate for yourself. We recommend speaking with your parents or guardians and your attorneys to discuss what you want and determine the options available to you.
If you want to do more research about what’s available in your state, you can begin with a preliminary search online: “[Your State] Plaintiff Resources for Sexual Abuse.”
Regardless, you always have the right to advocate for yourself and to speak up for what you want.
Below, we’ve compiled a list of questions you can ask your attorney/the plaintiff’s attorney (if you are not the plaintiff). After all, you don’t know what you don’t know. Asking these questions can provide you with more information specific to your case. The more knowledge you have, the more empowered you will feel.
Questions to ask an attorney:
- What will this civil process look like?
- How will I be involved in this process? What do I have control over?
- I’m nervous to participate in this process. What resources are available to support me?
- What will it be like to be deposed? How will I be prepared for deposition?
- What will it be like to testify? What will I have to do beforehand? Can I practice my testimony with you?
- What is the statute of limitations for this claim in my state?
- Is there a lookback window in my state? Would it apply to my case?
- Am I able to speak to a victim advocate?
- I don’t know what _______ means. Can you explain it to me?
- In my state, how many jury members need to vote in favor of the plaintiff to hold the defendant liable?
- What is currently happening in this lawsuit?
At #WeRideTogether, we are dedicated to empowering you to feel that you have your voice in this process. It doesn’t matter how old you are, or the extent of your role in this process – it is crucial that you speak up for yourself. Be kind to yourself through this process, reach out to loved ones for support, and, most importantly, you are not alone.
If you’d like, check out some of our other resources for navigating this complex process:
Navigating the Labyrinth of Grief
Resources for terminology:
U.S. Attorneys | Legal Terms Glossary | United States Department of Justice
Other external resources that provide a wonderful guide for survivors in the civil process can be found here and here.
Legal Disclaimer
#WeRideTogether provides general information that is intended, but not guaranteed, to be correct and up-to-date. The information is not presented as a source of legal advice. You should not rely, for legal advice, on statements or representations made within this website or by any externally referenced Internet sites. If you need legal advice upon which you intend to rely in the course of your legal affairs, consult a competent, independent attorney. #WeRideTogether does not assume any responsibility for actions or non-actions taken by people who have visited this site, and no one shall be entitled to a claim for detrimental reliance on any information provided or expressed.
Ella Johannes
Intern at #WeRideTogether
