If you become a lawyer, then you may want to consider representing individuals suing other people or business entities. If you get into personal injury law, then you will most likely have plenty of clients. That is because people try to sue individuals or companies that they feel harmed them all the time.
There’s something you may not realize, though. 90% of civil cases don’t go to trial. That sounds unlikely, but it’s true.
If you’re going to get into this area of the law, then you should probably understand how the majority of civil cases play out. We will go over the topic in detail in the following article.
Both the Plaintiff and Defendant Hire Lawyers
A person might want to sue someone for many reasons. They might sue a doctor who harmed them, and the injured party feels it’s medical malpractice. Sometimes, a premises liability lawsuit will occur. You may also have someone who sues a company because they allege that a product harmed them, and they want money from the manufacturer to cover medical bills and lost wages.
If a potential plaintiff goes to a lawyer and hires them, that is what gets the ball rolling. The lawyer, if they agree that they will act on their client’s behalf, probably believes they have a valid legal claim based on what this person tells them.
The plaintiff’s lawyer will now file the necessary paperwork letting the defendant know their name has come up in a lawsuit. This step must happen, since the defendant needs a chance to hire their own legal counsel.
Presumably, they will do that. The defendant understands they need someone who knows the law and who can also look out for their best interests.
The Investigators Will Look for Evidence
Next, the investigators will look for evidence. Probably both the defendant’s lawyer and the plaintiff’s lawyer will have investigators on their payroll. These individuals often have a law enforcement background or some similar experience. It helps them know how to find information that will potentially come in handy in civil matters.
The defendant’s lawyer will look for evidence that disproves what the plaintiff says happened. Meanwhile, the plaintiff’s lawyer’s investigator will look for evidence that proves the plaintiff’s story.
This evidence might include photos, videos, documents, etc. They will also probably look for eyewitnesses. Expert witnesses might also come into play in some instances.
The Discovery Process Takes Place
Next, discovery will take place. At this point, the defendant’s lawyer and plaintiff’s lawyer will show each other what they found. They can’t legally pull out information or evidence at trial that they kept from each other. That might make for a dramatic “gotcha” moment, but it is not something the legal system normally allows.
Discovery tells the defendant and the plaintiff what standing they have. If they are not sure, based on the evidence that the investigators collected, then their lawyers will tell them.
For example, if the defendant’s lawyer says that there’s a lot of damaging evidence that will probably prove the plaintiff’s story at trial, they might suggest to the defendant that they try to settle.
There’s Often a Lot of Posturing
At this point, there’s often a lot of legal posturing. It’s like a dance in which the lawyers engage. It’s as though they’re trying to figure out what kind of argumentative skill each attorney has.
A combination of a highly skilled lawyer with a bulldog mentality and a plaintiff with a lot of physical evidence to prove their case will almost always lead to a settlement offer. However, that’s ultimately the defendant’s decision. Their lawyer can advise them, but they must also do what their client wants, even if that sometimes goes against the lawyer’s advice.
The Defendant Might Make a Settlement Offer Through Their Lawyer
Earlier, we mentioned how about 90% of personal injury cases never get to the trial phase. That’s almost always because a settlement offer makes its way to the table.
It’s up to the defendant if they want to make such an offer, and it’s up to the plaintiff to determine if they feel it’s sufficient. A company that doesn’t want bad publicity might want to settle as quickly as possible, so that any negative press disappears. If you have two private citizens, and one’s suing the other, things might not necessarily work out that way.
Every Once in a While, a Case Goes to Trial
If you have a defendant and a plaintiff who can’t come to terms, then the lawyers will go to court and get a trial date. Then, there’s a waiting period.
During this time, the defendant’s lawyer and the plaintiff’s lawyer will have many meetings with their clients. They will prepare them for what to say and what not to say in court. They might also prep witnesses. They’re trying to prepare for any eventuality.
However, it is still possible during this time that a defendant might change their mind and decide to extend a settlement offer, or perhaps a revised one for more money. That might happen all the way up to the start of the trial.
Even Then, There’s Seldom a Jury Verdict
If the case does go to trial, the two lawyers can battle it out in the courtroom. The jury might see high drama in some cases, but usually, the whole business doesn’t look like a taut courtroom procedural that you’d see on TV. It’s much more mundane than that.
It’s even rarer for the trial to get all the way to a jury’s verdict. At some point, if the defendant sees that they’re losing ground, they might extend another settlement offer, perhaps for more money.
If there’s never any settlement offer, or never any satisfactory one, then you might get to a jury’s verdict, but that’s a real rarity. If it happens, then maybe the defendant will win, or perhaps the plaintiff will come out on top.