If you must act as the plaintiff in a personal injury lawsuit, that’s never fun. It means some person or entity feels you caused them harm. You may agree that you did, or you might disagree.
You should understand the legal roles of plaintiffs and defendants in injury lawsuits. We’ll talk about them right now.
What Does the Defendant’s Role Entail?
As the defendant, someone named you as the individual who harmed them. They’re coming after you for damages in a civil case. Civil cases and criminal ones have some differences. In criminal cases, the police and prosecutors allege you broke an existing law.
In civil cases, the plaintiff feels you did something improper that directly or indirectly caused them physical harm. They might also pursue a civil case for mental or psychological distress. If they’re coming after you for less tangible damages, they or their lawyer might use the term “pain and suffering” when describing that.
What About the Plaintiff’s Role?
The plaintiff will typically hire a lawyer who agrees they have a solid civil case against you. Maybe they hurt themselves in your home, and they feel you caused the injury because you didn’t maintain the property sufficiently. If you’re a doctor, and the plaintiff thinks that actions you took or didn’t take hurt them, they’re alleging you didn’t follow the standard of care the medical profession would have expected.
Will the Defendant or Plaintiff Take the Stand During a Civil Trial?
Either the defendant or the plaintiff can take the stand during a civil trial, but the law does not compel either one to do so. As the defendant, you might feel that you should get on the stand and explain what happened if it will help your cause.
You and your attorney will talk about this beforehand. If you feel you should speak and tell the jury your side of things, your lawyer might have you practice with them what you will say at least a few times beforehand.
They will coach you pittsburgh personal injury lawyer to say certain things and avoid other ones. They won’t say you should lie, but they might feel you will appear more sympathetic if you mention some aspects of the case while staying away from others.
How Might You Feel During the Trial Process?
You might feel pretty miserable during a civil case where you must appear as the defendant. Nobody wants to be in that position. You may feel even more upset if you are sure you did nothing wrong.
In such instances, you might watch and listen while the plaintiff and their lawyer try to paint you in the worst possible light. To make the jury sympathetic and receptive to their request for financial compensation, the plaintiff and their lawyer will try to make it seem like you’re the villain in this story and the plaintiff is the obvious hero. They will try to enforce the idea that you did something wrong and that you should pay a financial penalty for it.
Should Yohire your lawyer, you can tell them what happened in the same way the plaintiff will when they hire legal counsel. If your lawyer feels that you didn’t do anything wrong, and they can prove that on your behalf, they will likely say you should fight a court battle to prove your innocence. However, if they can tell immediately that you did something negligent and the plaintiff has a strong case, they might recommend that you make a settlement offer before the trial even starts.
It’s your prerogative whether to accept that idea. Maybe you’re so sure you didn’t do anything out of line that you’ll demand your day in court so you can clear your name.Remember, though, that the burden of proof in civil cases and criminal cases doesn’t look remotely the same. It’s sometimes relatively easy for a plaintiff to convince a jury they’re right. That might serve as an impetus for you to settle, even if you still maintain your innocence. You must think carefully before deciding on the best move.
