In this video, plaintiff attorney Stephen J. Zielinski discusses the difference in mentality and strategy between attorneys for the injured parties and the attorneys representing insurance companies. He also talks about the role of the defense attorney in car accident cases and what you can expect if you choose to pursue a personal injury claim.
Plaintiff v. Defense Attorney
It can be challenging to comprehend all the legal jargon used when discussing your
case when you require a lawyer’s assistance. Plaintiff and defendant are two terms that
are commonly used. When discussing your case, it is crucial to comprehend the
differences between the two methods and when to employ each. The terms “plaintiff”
and “defendant” are two of them that are often employed.
What distinguishes a plaintiff from a defendant in a legal proceeding?
A person or organization who brings a lawsuit is known as the plaintiff. A competent court is served the complaint and summons for the litigation. The defendant is the individual or entity who is being sued. In legal actions and/or lawsuits, the phrases plaintiff and defendant are frequently employed. These could be anything from family law lawsuits to negligence claims, personal injury claims, and claims of breach of contract.
In most cases, the plaintiff is listed first, and the defendant is placed second. So by examining them, one can ascertain the parties.
The burden of proof
While distinguishing between the two notions of plaintiff and defendant, it’s crucial to understand that the plaintiff typically has the burden of proof in civil cases. As a result, the plaintiff is required to support their claims.
The preponderance of the evidence typically carries the burden of proof in civil cases. This relates to the quality, not the quantity, of the evidence. A larger than 50% possibility that the plaintiff’s allegation is accurate must be demonstrated to the judge or jury. Charges in criminal proceedings must be established beyond possible suspicion.
The plaintiff bears the burden of proof, but the defendant is still required to refute the charges leveled against them. The inability to do so puts them at risk.
What do experts say?
When asked about the difference between the plaintiff versus the defendant and how their attorneys approach a case, here’s what Stephen had to say:
“Well, from my experience, Michael, plaintiffs’ attorneys have a very difficult position because the burden of proving our case rests upon the facts and circumstances that our clients tell us about and that we investigate. So we have to produce significant information and facts which will enable our clients to meet the strict standards of the law. And therefore, we’ve got to know everything about the case and about the law that we are required to”.
Mostly the defendant’s attorneys represent the insurance companies. The plaintiff usually goes in first to make their case. The defense attorney, on the other hand, has an easier job during the first phase of the trial because they only have to listen to the evidence and challenge the plaintiff’s arguments during the cross-examination or in other ways. After the plaintiffs present their case, they rest, and the defendant’s attorney is then given the case. The defendant’s lawyer will then call in their doctors, who are typically the same ones they regularly visit. They present their witnesses to refute the case’s facts. Afterward, it’s the game of judgment.
Usually, the attorneys prefer a jury instead of just one judge. After they have made their respective statements, they patiently wait for the jury to present their verdict.
Adding further on the subject, Stephen said, “Lawyers like to talk about winning and losing. That’s not really the word they should use. The word they should use is that the plaintiff is entitled, you should be entitled to compensation, not winning, you’re not getting a free win if they are injured. My job as a plaintiff’s attorney is to prove that our client is entitled because of their injuries. And because of the fault of the defendants who caused their injuries get a monetary judgment award against the defendant. That’s what we do. And that’s the difference between the defense and the plaintiff’s attorneys.”
Check out the full interview for more exciting insights: https://youtu.be/PVdfdK4-McA.