Battle Born Injury Lawyers | November 23, 2023 | Personal Injury
If you’re new to the world of personal injury and have never had to file a claim, you may not know how these cases work or who the parties to the claim are. The plaintiff in a case is usually the victim who has suffered harm, while the defendant can be several different people, depending on the details of the case.
When you consult with a personal injury attorney, they’ll provide more detailed guidance regarding your case and who might be a party in your lawsuit. Knowing who the players are in your case and what to expect can give you peace of mind.
What Is a Personal Injury Lawsuit?
First and foremost, it’s helpful to understand what a personal injury lawsuit is. This makes it easier to comprehend who may be involved.
Personal injury is the area of law that protects injured victims. Under this legal umbrella, you can pursue justice and monetary recovery from the individual or entity that caused you harm.
Filing a personal injury lawsuit in court is one way to seek compensation from the at-fault party, though it is not always necessary if you’re able to negotiate a settlement beforehand. However, if you cannot obtain a favorable result this way, filing a personal injury lawsuit allows you the opportunity to fight for damages.
Who Is the Plaintiff in a Personal Injury Case?
Generally, the plaintiff in a personal injury case is the party who has suffered harm. For example, if you’re involved in a car accident and sustain injuries, you can file a claim for compensation for accident-related damages.
Additionally, depending on the situation, a victim’s family may be able to file a claim. If a loved one passes away as a result of another’s wrongful actions, like medical malpractice, you can file a wrongful death claim to recover financially from your unexpected loss.
Who Is the Defendant in a Personal Injury Case?
The defendant in a personal injury claim is the party or entity that causes harm to the plaintiff. Depending on the type of accident or incident you experience, the defendant in your case could be a:
- Car or truck driver
- Healthcare provider
- Medical facility
- Property owner or tenant
- Dog owner or caretaker
- Governmental entity
- Product designer, manufacturer, or distributor
To determine who is responsible for your injuries, a personal injury attorney must investigate your accident. Based on their findings, they’ll decipher whether one or more parties could be held financially responsible for your injuries and related losses.
What Plaintiffs Need To Prove To Hold Defendants Accountable
In a personal injury claim for compensation, you’ll need to prove the defendant’s actions caused your injuries. Proving their liability depends on the cause of your accident, but most personal injury claims rest on a theory of negligence.
To establish the other party’s negligence, you must satisfy the following elements:
- Duty: The party owed you and others a duty of care.
- Breach: The party’s wrongful actions or omissions resulted in a breach of duty.
- Causation: The party’s wrongdoing is the cause of your accident.
- Damages: You suffered injuries and losses as a result of the incident.
You must prove the other party’s negligence whether your case goes to court or not. While challenging in many cases, a personal injury lawyer can do everything necessary to establish liability and get you closer to reaching a favorable case result.
Contact the Las Vegas Personal Injury Attorneys at Battle Born Injury Lawyers Today
Personal injury cases can be particularly difficult to navigate alone, especially when dealing with a more complex case. Fortunately, a personal injury attorney can handle all case-related tasks, like determining who the defendant is in your case. They will continue to represent your best interests until you reach the best possible case result.
If you or a loved one were injured in an accident in Las Vegas and you need legal assistance, contact our personal injury attorneys at Battle Born Injury Lawyers and schedule a free consultation with our legal team.