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Preparing for a Civil Claim

Before the steps in a civil claim can begin, this is what you must do:

  • Draw up a statement – Make a statement about what happened to you.
  • Collect evidence to support your case – For example, take photographs of your injuries, go to a doctor and get treatment and a medical certificate, get the names, addresses and statements of witnesses who saw the incident.
  • See an attorney (if this is appropriate) – Take your statement to an attorney. The attorney will check your statement, and then make your statement into a sworn statement called an affidavit in the case of an Application. You must then swear that what you say in your affidavit is the truth.
  • Make a criminal claim at the same time – Remember that if the act against you is a criminal act, then you can make a civil claim and a criminal case at the same time. For example, if someone assaults you, you can make a criminal charge against that person, because it is a crime to assault someone. You can also bring a civil claim against that person for damages, for example pain and suffering, loss of wages, medical costs and so on.
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