Some legal disagreements are settled before trial. Other cases hang on until either the judge or a jury decides who wins the case and who loses. What happens after a trial largely depends on the type of trial. For example, a business owner who loses a civil trial is not going to jail. However, a bank robber who loses a criminal trial probably is headed for prison. We will just be looking at civil litigation, specifically business-related lawsuits. So, what does happen after the trial is over?
How a Trial Ends
Both sides – plaintiff and defendant usually – present their evidence and arguments. Then, many trials end in a jury verdict. However, some trials are “bench” trials, which means the judge decides how the case will end.
In some cases, the jury may assign a percentage of blame to both the plaintiff and defendant. Juries and judges may rule that one side recovers damages and court costs. Alternatively, the decision may be that neither party receives financial compensation.
Plaintiff or Defendant?
The plaintiff is the person or entity that files a lawsuit. The person or entity defending against the lawsuit is the defendant. Some cases consist only of plaintiffs and defendants.
If the plaintiff wins at trial, the court may enter a judgment in the plaintiff’s favor.
If the trial ends with a defense verdict, neither side may be awarded damages.
A lawsuit does not end when a decision is reached. A party that received a judgment may still have work to do.
Finalizing the Judgment
The losing party may now be called the judgment debtor, while the winner is typically called the judgment creditor. In most cases, the judgment creditor registers a Judgment Lien Certificate with the Department of State. After locating property owned by the judgment debtor, the sheriff may attempt to seize that property to satisfy the judgment. Your attorney can advise on other ways of collecting on a judgment.
Appeals
After a trial is over, either party may disagree with the judge or jury’s decision or the amount of damages awarded. Other disagreements may center around:
- evidence the judge allowed into trial,
- the judge’s jury instructions, or
- rulings the judge made on motions.
Filing an appeal can be costly, but it may be necessary to fix any mistakes made by the trial court.
What Will You Need to Do After a Trial is Over?
Each case is a little different. Talk to your attorney about any actions you wish to take after a trial.
Attorney Richard Sierra at the Florida Small Business Center assists clients like you with business and litigation matters. As always, Our Goal Is to Help You Succeed tm. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. we represent clients throughout South Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, and surrounding communities.