Have you just been in a road accident, damaging your property as well as inflicting physical injury? Are you now interested in knowing a little bit about the rule of law – the terminologies and stuff?

Well, if this is the case with you, you have clicked on the right page. One should always have some basic knowledge about the law. Who knows what lies there in the future? Times may come that you have to go to the courtroom. Although you would probably take the help of a Red Deer injury lawyer, it’s good to know one or two things.

A little bit of knowledge about how the rule of law works is likely to come handy. That’s why in this article, I am going to write about one specific terminology – the plaintiff. I will discuss who is called a plaintiff, the role of a plaintiff, and how a plaintiff files a suit. 

So without further due, let’s get started.

What Is a Plaintiff in a Lawsuit?

A plaintiff is a person who brings the lawsuit, to the court, against a person by filing a plea. In civil cases, the words “claimant” and “plaintiff” are used to indicate the same person. That means the person who brings a lawsuit can be called a claimant as well.

However, you should know that a plaintiff is not necessarily the victim. A plaintiff is a person who just files a lawsuit. It doesn’t mean in any way that you are right.

Now you need to know as much about a defendant as you know about a plaintiff. The other party in the case is to be called a defendant. A defendant is a person against whom the lawsuit is filed. In short, a plaintiff is suing the defendant.

Example: 

George has been in a road accident recently. It turns out that John’s car unintentionally hit George’s car, causing serious damage to the vehicle as well as to George. Now George goes on to file a lawsuit against John. So, George here is considered the plaintiff, and John is considered the defendant.

How A Plaintiff Files a Lawsuit?

Well, what if you decide to file a lawsuit? You want to see yourself in the role of a plaintiff. To simplify, Let’s consider our example mentioned above. Now that George intends to file a lawsuit against John, as John is deemed to cause an injury.

So the first thing George would do is to file a complaint. A complaint is making the case describing what happened – what the defendant(John) has done wrong. You specify the reasons why you are bringing the lawsuit.

After George files the complaint, it will be sent to the court. The court will then ask for the evidence. Why does George think that it is John who has done the wrongdoing? George has to provide concrete evidence.

Both parties will have an opportunity for settlement. This means the parties – plaintiff and defendant – can now initiate a series of negotiations to reach a settlement point where a certain amount of money will be accepted by both the parties. If the parties can agree on settlement money, the case will be dismissed.

However, if they fail to make a settlement, the case will go to the courtroom. The trial phase will begin. After assessing the whole case, based on the evidence and arguments provided, the court will give its judgment on what the parties should do. For example, the court might order John that a sum of $30000 should be given to George.

However, there is also an opportunity for asking for an appeal. If John thinks that the judgment was somewhat unfair, he can ask for an appeal.

The Burden of Proof

If you have filed a lawsuit against a person, you are the one who will have the burden of proof. This means you are the one responsible for proving to the court that the defendant has committed a crime. So if you are thinking about filing a lawsuit, you have to have the evidence prepared.

A plaintiff should be aware of three things associated with the burden of proof.

ONE. The proof has to something that is beyond any reasonable doubt. The plaintiff has to show that nobody, except the defendant, could have violated the law.

TWO. The plaintiff has to present the evidence that is impactful in terms of reaching a judgment by the court. It has to carry some meaning that will dictate the outcome of the trial.

THREE. The evidence has to be very clear and convincing. It must show convincingly how the defendant has committed the crime. It is no one but the defendant who has violated the law. It is the defendant who is guilty of the crime.

Final Words

Law is what ensures justice to every citizen of a nation. Although you would find plenty of lawyers anywhere who will provide you with professional service, having some basic knowledge about how the rule of law works is always a plus.

Just think about it. If you ever face a situation where you will be the plaintiff, the knowledge you have gathered will certainly help to make better decisions. Now you know what to do and what your roles will be as a plaintiff.