Since the beginning days of television, courtroom dramas have been a popular genre for audiences. There are also classic courtroom films like “A Few Good Men,” “Michael Clayton” and “The Verdict.” Those stories have given many folks a general understanding of how a trial works, but it is quite different if you are a plaintiff or defendant in a civil lawsuit. Understanding the difference between a plaintiff and a defendant will help you understand the entire trial process.
The Plaintiff
In a civil lawsuit, there are two sides. The plaintiff is the side that filed the lawsuit. A plaintiff can be an individual, a family, or a business. The legal process starts once the plaintiff files a complaint with the appropriate court. Knowing where to file a complaint is one of the many benefits of having an experienced attorney as your guide through the lawsuit.
Once the plaintiff has filed their complaint, it records the matter and triggers notifications to all the other parties involved in it, including the defendant.
The Defendant
The defendant in a civil lawsuit is the person or entity accused of some form of wrongdoing. With a car accident lawsuit, that wrongdoing can be an issue of negligence. The defendant can also be more than just the driver who caused the accident. For instance, in an accident that involves a semi-truck, the defendants could be the truck driver, the trucking company, and the workers who loaded the truck.
In a personal injury lawsuit involving a slip-and-fall accident, the defendants could be the property owner and the staff working on the property at the time of the accident.
Plaintiff vs. Defendant
The main difference between a plaintiff and a defendant is that the burden of proof is on the plaintiff. In other words, they have to prove what they are alleging about the defendant and how the defendant’s actions caused the plaintiff harm. In a criminal case, that proof has to be beyond a reasonable doubt.
For a civil case, the standard is for a preponderance of the evidence. In other words, does the evidence presented make it more likely than not that the defendant was negligent?
Aspects of the Trial
A trial is considered a matter of public record. While a judge might put some evidence under seal, the testimony and outcomes will be part of that public record. While the plaintiffs and defendants are the center focus, you’ll need to be familiar with many other aspects of the trial. The following are some of the most important:
Depositions
Depositions are statements taken under oath but not in the courtroom. You can think of these as “practice” for witness testimony. Often, the same people who give a deposition will be asked the same questions during the trial. However, the depositions provide the plaintiff and defendant with the opportunity to build their case. For example, testimony brought up in a deposition could be disputed during the trial by another witness or piece of evidence.
Voir Dire
Voir dire is an Old French word that means “to speak the truth.” In a courtroom, voir dire refers to jury selection. During this part of the trial, the attorneys for the plaintiffs and defendants have an opportunity to ask potential jurors about their views on certain matters. Both sides are looking for jury members who are unbiased about the case. There will be opportunities for each side to reject particular jurors, but those are limited.
Objection
An attorney jumping to their feet and yelling, “Objection,” is literally part of every courtroom drama. An objection is something that the attorney feels is outside of the scope of what is allowed in the trial. There has to be a legal reason for an objection. It can’t just be something the attorney doesn’t like. An objection can be raised over an attorney’s question (or lack thereof) or a witness’s answer.
Sustained
If the judge disagrees with the objection, they will tell the attorney “overruled.” However, if the judge agrees with the objection, they will “sustain” the motion. When that happens, the attorney who is asking the question needs to rephrase their question.
Closing Arguments
Closing arguments are the final arguments that the lawyers for the plaintiff and defendant present to the jury. They sum up their case and evidence and are the last chance to sway the jury. Keep in mind that because the burden of proof is on the plaintiff, the defense does not have to present any witnesses or evidence. If that happens, their closing arguments could simply state that the plaintiff didn’t prove their case.
Reaching a Settlement
A settlement could be reached between the parties at any point in the trial process, including when the jury has begun deliberations. As the plaintiff, you would have the right to accept or reject the settlement. If you accept the settlement, it will bring an immediate halt to the trial. It will also mean you can’t go back later and ask for more money.
Many personal injury lawsuits end in a settlement. That goal is achieved by working with experienced attorneys like the team at McCoy & Hiestand. We want our clients to achieve a successful outcome, and that means getting fair compensation for their losses. To discuss your potential claim or the merits of a personal injury lawsuit, call our offices to set up a free consultation. We’re standing by to help.
