Would you like to know the difference between the role of the plaintiff vs defendant? Our lawyers here are willing to help. Contact Malloy Law Offices, LLC today!
There are two main parties involved in a case, the plaintiff and the defendant. The plaintiff is the person or people who bring a case against the other party in a court of law. In a personal injury case, the plaintiff would generally be the injured victim. When a plaintiff files a lawsuit against someone, the burden of proof falls on them.
It is their job to prove to the judge and court that the defendant was negligent or at-fault. If they come to a decision to bring a lawsuit against another person, they must come prepared with evidence that the defendant committed the tort they are accusing them of.
The defendant is the other side being sued or accused in a court of law. Typically in a personal injury case, the defendant would be the negligent entity. A defendant might also be an individual or a company. The plaintiff first files a lawsuit so he or she is responsible for drafting a complaint. The complaint is the first document filed in court for a personal injury case. Then the complaint is served on the defendant and he or she will need to file an answer.
Sometimes the document requires you to appear in court. However, most personal injury cases do not go to trial. The first thing the defendant must do is to reply to this document within the required amount of time. If they don’t respond within the required time period, the plaintiff has the right to file for a judgment against you. Basically, you can lose the case by default if you don’t respond.
Regardless of the side, there needs to be a resolution. But remember that your health is crucial and it should be your lawyer’s top priority. You never know when an injury can grow in severity if left untreated. Let the attorney handle the legal aspects while you get your health back. Here at Malloy Law Offices, LLC, our attorneys are able to guide you through whatever role you play in the courtroom. To see more on how our lawyers handle these situations, click here. Lastly, call (888) 607-8690 for a free consultation.