If you’ve been hurt in an auto accident or other situation and decide to file a personal injury lawsuit, you’ll come across many legal terms that may seem unfamiliar. One important term is “defendant.”
The defendant is the person (or sometimes a business or government agency) you are suing because you believe they caused your injuries through their carelessness or wrongful actions. Car accident attorneys can help you navigate these legal terms and ensure your case is properly presented.
In the sections below, we’ll explain what it means to be a defendant in a personal injury case, including how defendants fit into the legal process and what it might mean for your claim.
The Defendant’s Role in a Personal Injury Case
In a personal injury lawsuit, the injured person (called the “plaintiff”) accuses the defendant of acting in a negligent way that led to their harm. The defendant then has the chance to respond to these allegations. This response can involve:
- Denying Fault: The defendant might say they did nothing wrong and are not responsible.
- Offering a Defense: They may present their own evidence and arguments.
- Negotiating a Settlement: Rather than going to trial, the defendant or their insurance company might agree to pay you a certain amount to resolve the case.
If a settlement can’t be reached, the case may go to court or even all the way to trial. At trial, both sides show their evidence, call witnesses, and let a judge or jury decide if the defendant must pay damages—and if so, how much.
Who Can Be a Defendant?
In personal injury law, the defendant can be almost anyone who may have caused your injuries. Common examples include:
- Drivers
- Businesses
- Property owners
- Medical professionals
Sometimes, you might sue more than one defendant. For example, if a faulty product injures you, you could sue the store that sold it as well as the company that made it.
How the Defendant’s Insurance Fits In
Many times, a defendant’s insurance policy plays a big role in personal injury cases. Here’s why:
- Coverage for Damages: If the defendant has insurance, that policy could pay for your medical bills, lost wages, and other losses if you win or settle the case.
- Insurance Lawyers: The insurance company often provides a lawyer for the defendant and makes most of the decisions about how to defend the claim.
- Settlement Offers: Insurers tend to negotiate settlements to avoid costly trials.
While it’s good that insurance might pay for your losses, remember that insurance companies work to protect their interests. They may try to pay as little as possible, which means it’s important for you to have solid evidence and a skilled attorney on your side.
What if the Defendant Has No Insurance?
When a defendant has no insurance (or not enough insurance), recovering fair compensation can be tougher. There may be no large insurance policy to cover your losses. Instead, you might have to rely on the defendant’s personal assets—if they have any. Here are a few ways you could still receive compensation:
- Your Own Insurance: You might have special coverage, such as uninsured or underinsured motorist protection.
- Payment Plans or Garnishments: If you win in court, you could ask the judge to let you collect payments directly from the defendant’s wages.
- Partial Settlements: Sometimes, you might accept a smaller settlement if the defendant truly cannot pay more.
Cases with uninsured defendants can get complicated quickly, so it’s wise to speak with a legal professional about your options.
How Defendants Respond to a Lawsuit
After a defendant is served with legal paperwork, they have a limited time to respond. Common actions include:
- Filing an Answer: This is a formal reply to your lawsuit, usually denying or admitting specific points.
- Asking for Dismissal: They might argue that your claim isn’t valid under the law and ask the judge to dismiss it.
- Blaming Others or You: In some cases, they may say you (or another party) caused the accident or share part of the fault. This can lower the amount of damages they must pay.
- Negotiating: They may start settlement talks early to avoid going to trial.
Your lawyer can guide you through these different moves and help you decide whether to settle, continue negotiating your claim, or push for a trial.
Contact an Atlanta Personal Injury Attorney for a Free Case Review
The defendant’s role is central to any personal injury lawsuit, but the process can be confusing if you’re unfamiliar with the law. Whether you’re up against an individual or a large corporation, it’s crucial to understand how defendants respond, negotiate, or defend themselves in court. That’s where the experienced Atlanta, GA injury lawyers come in.
If you have questions about filing a claim or are ready to explore a settlement or lawsuit, reach out for legal help. Contact an Atlanta personal injury attorney at Hammers Car Accident & Personal Injury Lawyers today for a free case review. Call us at (770) 900-9000.