You will probably encounter a new vocabulary if you are venturing into the world of law for the first. It’s easy to forget who is who in court, from the insurance adjusters to the jury and judge. It’s crucial to know everyone so you can understand the proceedings in your case.
We’ll break down all the different parties that you will encounter during a legal case so you feel confident and informed throughout the entire process.
Criminal vs. Civil Cases
Criminal and civil cases are the two most common types of courtroom proceedings. In a criminal court case, like a robbery or a murder, a person may be punished for their crimes. In a civil lawsuit, like a car crash, the defendant is the one who has injured the victim.
Criminal and civil cases are different. In a criminal case for example, the prosecutor or district lawyer, not the victim, brings the case against defendant. In civil cases, it is the victim who brings the case.
We will describe the civil parties in a personal injury case because it is a civil lawsuit.
The plaintiff is the person who has suffered the injury in a personal injury lawsuit. This is what you do if you’re the one who files a lawsuit. Your attorney will help you tell your story, and collect evidence to prove that your injuries were caused by the negligence of another party. In civil trials, it is the plaintiff’s responsibility to prove their case.
In a lawsuit for medical malpractice, the plaintiff is usually the patient who has been misdiagnosed. The plaintiff is seeking damages from the doctor who was negligent. To prove the case, the patient must provide enough evidence to show that the doctor was negligent.
Defendant
In a civil case, the defendant is the person who has been accused of inflicting injury. They must “defend themselves” against your claims. They can use expert witness testimony and documentation to prove that the plaintiffs’ version of events was untrue, or that they (the accused) acted properly.
In this medical malpractice example, it is the doctor who is the defendant. The doctor must prove that they followed the standard of care to win the case. The doctor can, for example, call in an expert to testify about whether he or she performed the tests correctly and acted appropriately.
Insurance Company
Sometimes one or more insurance firms will be involved in litigation. We’ll look at their possible roles.
Attorneys
Most litigants and plaintiffs will hire an attorney in order to represent them during negotiations and in court. They can help you collect evidence, build a solid case, and advocate on your behalf. They must be able to explain the legal system to their clients and know all applicable laws in order to do so fairly.
It’s crucial to hire an attorney who has experience in similar cases. You can hire a lawyer with experience in car accident cases if you want to pursue damages following a car crash. A lawyer who practices in a general area of law may not be prepared to handle the complexities of a personal injury case.
A judge is assigned when you file a case. It is the judge’s responsibility to make sure that both parties adhere to all applicable laws and guidelines. The judge decides on legal issues and facilitates a process.
Jury
A jury will decide the case when it goes to trial. They will listen to both sides’ evidence and make a decision. They will attempt to be neutral in their verdict.
Other Court Personnel
You will also see important individuals such as the judge, jury, and other courtroom personnel.
This article was written by Alla Tenina. Alla is one of the best tax attorneys in Los Angeles California, and the founder of Tenina Law. She has experience in bankruptcies, real estate planning, and complex tax matters. Click here for more information. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.
