The Difference Between a Lawsuit and Trial

The Difference Between a Lawsuit and Trial

While the terms “lawsuit” and “trial” are often used interchangeably, they are not the same thing. They represent different stages in the legal process.

Table of Contents

Lawsuit:

A lawsuit refers to a legal action taken by a person, business, or entity (the plaintiff) against another person, business, or entity (the defendant). The lawsuit begins when the plaintiff files a complaint or petition with the court, detailing their grievances and the relief they seek, often in the form of damages. This action initiates a series of steps in which both sides exchange information and gather evidence, a process known as discovery. During this phase, the parties often negotiate and may reach a settlement agreement. If they settle, the lawsuit ends without going to trial.

Trial:

A trial is the stage of a lawsuit where the case is presented to a judge or a jury, if a jury trial has been requested. If a lawsuit cannot be resolved through negotiation or settlement, it proceeds to trial. During a trial, both sides present their evidence and arguments. Witnesses may be called, and they are cross-examined by the opposing side. After hearing the arguments and reviewing the evidence, the judge or jury will make a decision or verdict.

In other words, a lawsuit is the overall legal process, and a trial is a part of that process, but only if the case can’t be resolved earlier. Most lawsuits are actually resolved before reaching the trial stage, often through negotiation or mediation between the parties.

Written By:
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Nathan Whittenburg

Owner & Attorney - Atlanta Personal Injury Law Firm

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