Simply put, the plaintiff is the party who files the lawsuit. They believe that they have suffered damages due to the other party’s actions, and they file a lawsuit with the courts to recoup those damages or have other sanctions and penalties put in place. When the plaintiff files the lawsuit, they name the defendant as well as the actions that were committed and the resulting damages. The plaintiff’s name appears first in the name of the court filing.
Understanding who is the plaintiff and who is the defendant is just one of many steps in the legal process. If you’re not sure how to handle court filings or are looking for a business lawyer to represent you, contact our firm.
Who Is the Defendant?
The defendant is the party who is being sued. In criminal cases, the defendant is the person who is charged with a crime because they are defending themselves against the charges. It works very similarly in the civil courts. The defendant in a civil case must defend themselves against the plaintiff’s accusations. Their job is to show that there is not a reasonable preponderance of the evidence that supports the plaintiff’s case.
Do I Need a Lawyer to File a Lawsuit?
While you are not required to have a lawyer represent you when you file a lawsuit in the state of California, representing yourself isn’t a good idea. This is especially true in matters of business law when there can be complex issues and precedents that an attorney is better suited to navigate. Having an experienced legal professional represent you can help make the court process easier and less stressful, whether you are the plaintiff or the defendant.
What Should I Do If I’m Being Sued?
If you receive notice that you are named as a defendant in a lawsuit, it is important to talk with a Southern California Entertainment law attorney as soon as possible. There are often guidelines for how long you have to respond, and you will want to start taking action to evaluate your options and create a defense strategy. It’s normal to be worried about what might happen when you are facing a lawsuit, and going through the legal system is never fun, but having an experienced attorney by your side can ensure that you have counsel that is looking out for your best interests.
No matter which side of the courtroom you find yourself on, our law firm can help you navigate the process and understand what is going on and what is required of you each step of the way. Schedule a meeting with a member of our team to go over the details of your case and how we can help. Call us today at 323-230-6200 to get started.
