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How to win a civil case whether you are the plaintiff or the defendant in a civil lawsuit here are some basic pointers that can help you win your case you will need an attorney evidence perseverance a professional demeanor a settlement and a lawyer or mediator optional knowledge of lawyers fees and knowledge of statute of limitations step 1 hire an attorney who is experienced in handling cases like yours you will most likely need a professional to guide you through and represent you in settlement talks or trials ask about lawyers fees upfront to be sure they are fair and reasonable step 2 answer all of your attorneys questions so that they can help you gather physical evidence such as signed and dated contracts and witness statements whatever claims you make in the case need to be backed up by hard evidence if possible you can sue or be sued in civil court for failure to honor an agreement which is called breach of contract or for a wrongful act other than breach of contract which is called a tort step 3 prepare the particulars of your case while being aware of precedent or how judges typically decide which party wins cases like yours and the burden of proof that is what you have to prove to win step 4 file your complaint with the court if you were the plaintiff in civil cases this is commonly called an action find out if there is a statute of limitations on cases like yours and how long it is so you won't delay filing past the deadline step 5 stay on top of your case through the discovery process and questioning in depositions remember to keep your demeanor professional even when the process is frustrating step 6 hammer out a settlement through lawyers or mediators if there's a possibility that you'll likely lose in a trial and to avoid a drawn-out an expensive trial process step 7 anticipate your opponent's claims and just prove them with fact-based evidence while portraying your actions in the events as reasonable and prudent step 8 hope for a judgment in your favor if the case goes to trial did you know Oh Jay Simpson was tried for the same offense twice he was prosecuted for murder and a Crim Court and then tried for the same event as a wrongful death tort in a civil court.