Personal injury lawsuits often focus on the defendant’s role in causing a person’s injuries and other damages. The defendant is the person or entity accused of causing harm to another party. Understanding the role and responsibilities of a defendant is important if you or a loved one are pursuing compensation after an accident. Whether it is an individual, a business, or a corporation, our St. Louis personal injury law firm can help you identify potential defendants and take steps toward recovery.
What Is a Defendant?
A defendant is the person, organization, or entity accused of causing harm or injury to another party, referred to as the plaintiff. The defendant in personal injury cases is typically alleged to have acted negligently, recklessly, or intentionally, causing harm to the plaintiff. Defendants can range from individual drivers in car accidents to corporations responsible for manufacturing defective products.
What Is a Plaintiff?
A plaintiff is the individual or party who initiates a lawsuit by filing a complaint against the defendant. The plaintiff in a personal injury case is typically the injured party seeking compensation for damages due to the defendant’s actions or negligence. The plaintiff has the burden of presenting evidence and proving their case by a preponderance of the evidence. The plaintiff’s primary goal is to establish the defendant’s liability and demonstrate the extent of their damages to secure fair compensation.
Examples of Defendants in St. Louis Personal Injury Cases
Personal injury cases in St. Louis can involve a variety of defendants depending on the nature of your accident. Here are some common examples:
- Drivers in car and truck accidents: A negligent driver can be named as the defendant in a personal injury case if their speeding, reckless driving, or drunk driving causes a car or truck accident.
- Property owners: Property owners or managers may be liable for slip and fall accidents and other incidents due to hazardous conditions on their premises.
- Employers: Employers may be liable for workplace accidents due to unsafe working conditions or lack of proper training.
- Medical professionals: Doctors, nurses, and other healthcare providers may be liable for injuries if they fail to meet the standard of care in St. Louis medical malpractice cases.
- Product manufacturers: Companies that design, produce, or distribute defective products may be held liable for defects that cause injuries in St. Louis product liability cases.
Speak with a St. Louis personal injury lawyer if you or a loved one has been injured. An experienced lawyer can evaluate your case and identify all potential defendants.
What Does a Defendant Do in a St. Louis Personal Injury Case?
The defendant in a personal injury case has several responsibilities, primarily revolving around defending themselves against the claims made by the plaintiff. Some of the actions a defendant might take include:
- Responding to the complaint: The defendant is served with a copy of the Complaint when a plaintiff files a lawsuit. The defendant must formally respond, either admitting or denying the allegations.
- Providing evidence: The defendant may present evidence to counter the plaintiff’s claims, such as eyewitness testimonies, expert opinions, or records.
- Negotiating a settlement: Many personal injury cases are resolved outside of court through negotiations. The defendant, often through their insurance company, may agree to settle a claim to avoid trial.
- Participating in discovery: Both parties exchange evidence and information during the discovery phase of litigation. The defendant may be required to provide documents, answer interrogatories, or participate in depositions under oath.
- Defending at trial: A defendant will present their case in court, arguing why they should not be held liable for the plaintiff’s injuries or arguing that the plaintiff’s comparative fault should mitigate some of the damages that may be awarded.
Defendants are typically represented in personal injury cases. Your lawyer will advise you on what defendants may do in your case.
Injured in St. Louis, Missouri? Consult a St. Louis Personal Injury Lawyer Today
If you or a loved one has been injured in St. Louis, Missouri, due to someone else’s negligence, it is beneficial to consult with an experienced St. Louis personal injury lawyer. A skilled lawyer can help you understand your legal options, identify potential defendants, and build a strong case to pursue the compensation you deserve. Contact a St. Louis personal injury lawyer from Roach Law Car Accident Lawyers today at (636) 519-0085 for a free consultation and take the first step toward recovering the damages you deserve.
