A defendant is the person, business, or other party that a plaintiff brings a legal claim against. In a personal injury lawsuit, the defendant is usually the party accused of causing or contributing to the plaintiff’s injuries.
For example, if a driver causes a car accident and the injured person files a lawsuit, the driver may be named as a defendant. Depending on the case, a business, property owner, employer, manufacturer, or another party could also be a defendant.
Understanding who the defendant is can make the personal injury process easier to follow.
What Is the Difference Between a Plaintiff and a Defendant?
The plaintiff and defendant are the main parties in a civil lawsuit. The plaintiff is the party who brings the claim. The defendant is the party against whom the claim is brought.
In a personal injury case, the plaintiff generally seeks compensation for injuries and losses allegedly caused by the defendant. The defendant has the right to dispute the allegations, raise defenses, and challenge the amount of damages being requested.
Who Can Be a Defendant in a Personal Injury Case?
The proper defendant depends on how the injury happened and who may be legally responsible. Identifying the correct parties is an important part of investigating a personal injury claim.
Possible defendants can include:
- Drivers
- Employers
- Property owners
- Businesses
- Trucking companies
- Product manufacturers
- Contractors
- Government entities
- Health care providers
Some accidents may involve several defendants. A truck accident, for example, could raise questions about the conduct of the truck driver, trucking company, or other parties involved in operating or maintaining the vehicle.
Evidence is needed to determine which parties may be legally responsible.
What Happens After a Defendant Is Sued?
In Minnesota, a civil lawsuit generally begins when the summons and complaint are served on the defendant. The defendant then has an opportunity to respond to the claims.
As the lawsuit moves forward, both sides may exchange information and evidence through discovery. This can include written questions, documents, depositions, medical records, photographs, and other materials related to the dispute.
The defendant may challenge liability, dispute the plaintiff’s damages, or raise legal defenses. Many personal injury lawsuits are resolved through settlement negotiations, but a case may proceed to trial if the parties cannot reach an agreement.
What Does a Plaintiff Have to Prove Against a Defendant?
The exact elements depend on the type of personal injury case. Many claims are based on negligence.
In a negligence case, the plaintiff generally must establish that the defendant owed a duty of care, breached that duty, and caused injuries and damages as a result.
Evidence may include accident reports, witness statements, photographs, video footage, medical records, expert opinions, or business records. The evidence needed will depend on how the accident occurred.
The defendant can dispute any part of the plaintiff’s case, including fault, causation, and the nature or extent of the claimed damages.
Can There Be More Than One Defendant?
Yes. Some personal injury cases involve several people or companies whose actions may have contributed to an accident.
For example, after a commercial truck crash, an investigation may examine the actions of the driver and other potentially responsible parties. A defective product case could involve companies involved in manufacturing or selling a product.
Naming multiple defendants does not mean that each party will ultimately be found liable. Evidence must establish the legal responsibility of each defendant.
Cases involving several defendants can also make questions about insurance coverage, fault, settlement, and damages more complicated.
Can a Defendant Blame the Injured Person in Minnesota?
Minnesota uses a comparative fault system. Under Minnesota Statutes Section 604.01, an injured person’s own fault can reduce the compensation they recover and, in some cases, prevent recovery. If the plaintiff is allowed to recover, their damages are reduced according to their percentage of fault.
For example, if a plaintiff is found 20% responsible and is otherwise entitled to recover, an award can generally be reduced by 20%. When several defendants are involved, additional rules can affect how fault and damages are allocated among the parties.
Does the Defendant Pay a Personal Injury Settlement?
A defendant may be legally responsible for damages, but that does not always mean the defendant personally writes a check to the injured person.
Insurance often plays an important role in personal injury cases. Depending on the claim, an auto insurer, business liability insurer, homeowners insurer, or another source of coverage may handle the defense and fund a settlement or judgment, subject to the policy and circumstances.
Insurance coverage and legal liability are separate issues. An attorney can investigate both who may be legally responsible and what sources of compensation may be available.
What Damages Can a Defendant Be Responsible for Paying?
If a defendant is found liable, the plaintiff may be able to recover damages for losses caused by the injury. The available compensation depends on the facts and applicable law.
Damages in a personal injury case may include:
- Medical expenses
- Future medical care
- Lost income
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Disability or impairment
- Other injury-related losses
The plaintiff must establish the damages being claimed and connect them to the defendant’s wrongful conduct.
The amount available can also be affected by issues such as comparative fault, insurance coverage, and the evidence supporting the claimed losses.
Contact the Minneapolis Personal Injury Lawyers at Hall Law Personal Injury Attorneys for Help Today
Identifying the proper defendant is an important part of pursuing a personal injury claim. Hall Law Personal Injury Attorneys can investigate how an accident occurred, gather evidence, identify potentially responsible parties, and evaluate the damages caused by your injuries.
If you were injured because of another person’s negligence or wrongful conduct, contact Hall Law Personal Injury Attorneys today for a free consultation at (800) 292-1979 with a Minneapolis personal injury attorney.