After someone else causes an accident that leaves you with injuries, you have a lot of decisions to make and information to process. Although your primary focus should be on receiving medical care and regaining your health, you might also be thinking about your rights to file an injury lawsuit to try to recover your financial losses. When you hear terms like “plaintiffs” and “defendants” in personal injury cases, though, your head might start spinning. Legal terms can certainly be tough to understand, and you might consider giving up on the entire process to avoid embarrassing confusion and frustration.
If you aren’t confident that you understand all the legal roles in personal injury claims, you need to hire experienced injury attorneys who are willing to explain everything to you. To do a little bit of research yourself, our attorneys have put together this guide to discuss what is personal injury law and what you need to know.
Who Is the Defendant in a Personal Injury Lawsuit?
The defendant in an injury lawsuit is the person or business who is being sued. This entity would be the person who was primarily responsible for causing the accident that led directly to your injuries.
If you as the victim win a financial claim from a defendant after an injury accident, it’s important to note that most defendants don’t pay these claims out of their own pockets. Most of them have liability insurance coverage that would pay any financial award that the injury victim wins.
The defendant in an injury claim is similar to the defendant in a criminal case. It’s the person being accused of doing something that’s not legal or that violates the rights of you as the victim. The difference is that the defendant in a criminal case faces potential fines or imprisonment from law enforcement if found guilty of the accusations. In your injury claim, which is a civil case, the defendant would be responsible for paying you as the victim a financial award. Personal injury lawsuits do not lead to jail time. A defendant could face both criminal and civil cases resulting from the same accident, however.
Who Is the Plaintiff in a Personal Injury Lawsuit?
The plaintiff in a personal injury lawsuit is the person who suffered injuries or financial losses because of the negligent actions of the defendant. The plaintiff is the victim.
As another way to think of it, the plaintiff in a civil case is the party accusing the defendant of taking actions that led to the plaintiff’s financial losses. As the party making the accusation, the plaintiff has the responsibility of proving that the injuries occurred because of the accident, showing evidence of the financial losses, and producing facts that show the defendant was negligent and primarily responsible.
As a victim, you probably have financial losses related to your injuries, such as medical treatment costs and missed wages at work. As the plaintiff, you could also receive a financial award for your long-term injuries, pain, and suffering.
Do Both Plaintiffs and Defendants in Personal Injury Claims Need Lawyers?
Most of the time, plaintiffs and defendants will hire their own attorneys to represent them in injury claims. Because most defendants have insurance companies representing them, the insurer will have lawyers on staff who defend the insurance company and defendant as one entity together. These lawyers focus on finding facts that try to reduce the amount that the insurance company has to pay you. If you could be in line to win a large amount in your financial settlement, the insurance company representing the defendant might have several attorneys working on your case.
As the plaintiff, you need injury lawyers to protect you from insurance company tactics and the company’s team of attorneys. If you are trying to represent yourself, the insurer’s lawyers might take advantage of your lack of experience with cases like this and try to trick you into accepting a lower amount than the facts of the case show that you deserve to have. They might even try to intimidate you into dropping the claim.
Our Lawyers Will Be on Your Side
Insurance companies frequently try to convince plaintiffs that they don’t need to hire injury lawyers. The insurance representative might argue that the insurer can help you achieve a fair settlement amount without getting attorneys involved. Remember, though, the insurance company almost certainly has multiple lawyers working on your case, whether you directly interact with them or not. These lawyers focus on helping the insurance company avoid paying large settlement amounts. They have no incentive to help you.
When you hire your own personal injury lawyers, they represent you. They focus on trying to help you win your case and maximize your financial award.
Our Attorneys Investigate the Facts of the Case to Show Negligence
Because you as the plaintiff must prove that the defendant acted in a reckless or negligent manner in the accident, our injury lawyers will investigate the case to try to prove negligence. Our personal injury law firm excels in doing investigations into accident claims. We work tirelessly to uncover every piece of evidence you need to try to win your case.
If you are trying to represent yourself, you may find it difficult to produce evidence that helps your claim. Remember, the insurance company’s lawyers will be doing their own investigation, uncovering facts that they hope will show you as the plaintiff were primarily to blame. Our legal team counteracts their efforts with the facts we uncover.
We Represent You at Every Step
When you hire our injury lawyers to represent you as the plaintiff, we will take over negotiations with the defendant’s lawyers. We handle every aspect of your personal injury claim, giving you time to focus on trying to recover your health. When you have our team on your side, you do not have to go head-to-head against the insurance company’s attorneys. We handle this for you, using our experience and legal knowledge to combat unfair accusations and tactics from the insurance company’s defense lawyers.
Our Personal Injury Lawyers Are Ready to Walk You Through the Process of Making a Personal Injury Claim
Contact Tyroler Leonard Injury Law to Learn More About Legal Roles in Personal Injury Cases
At Tyroler Leonard Injury Law, we understand that most clients who reach out to us are going through an injury claim for the first time. We deal with the ins and outs of cases like this every day, but we understand that you may be unsure what to expect or how the process of filing a lawsuit works.
We tailor our representation to give you the information you need to feel comfortable with seeking compensation. Our trusted local personal injury lawyers in Minnesota and Wisconsin take the time to speak with you and explain terminology or processes that may seem confusing. We never make you feel silly about asking questions – we actually appreciate the questions that our clients ask, because it helps us understand which parts of the claim are most important for them.
Learn more about the care we take to explain all aspects of an accident injury claim, including the roles of plaintiffs and defendants in personal injury claims. For a free consultation, call Tyroler Leonard Injury Law today at (651) 259-1113. We work on a contingency fee basis, which means we only collect fees for our representation at the end of the case after we win financial damages for you. (Trust that we’ll fully explain how this fee structure works, too!)