Who Are the Parties Involved in a Personal Injury Lawsuit?

By
Paul Milnes

In very rare cases, personal injury cases go to court. In fact, only 4% of cases go to court. Going to court for a personal injury case has the following benefits:

  • Better compensation
  • Public awareness
  • Holding the negligent party accountable for their actions
  • Deter others from engaging in such behaviors

However, it does have its set of consequences. This is why you need to sit down with your lawyer and discuss all the other options before filing a personal injury lawsuit.

Also, it is important to learn a lot about lawsuits. This knowledge will help in understanding the process better.

This blog post discusses the parties involved in a lawsuit. Read on.

The plaintiff

 Hey, it’s you. Assuming you are the victim of the accident. Well, I support the victims, so let’s just assume you are the victim and not the one responsible for the accident.

The plaintiff is the person who files the case. They bear the burden of proof. They are responsible for proving the case by satisfying the elements of personal injury law. The four elements are:

  • Duty of care
  • Breach of duty of care
  • Causation
  • Damages

Doing all this is not easy, especially when you are dealing with your injuries. So hire a lawyer and let them handle this for you.

 The defendant

 This is the one who hurt you. You can hate them, but hate doesn’t get you anywhere. So just get your money and go about your way.

The defendant doesn’t have to prove that they are innocent. If they are found guilty, you will receive your compensation from the defendant’s insurance company.

By filing a lawsuit, you can deter the defendant and others from engaging in negligent behavior.

Lawyers

 Both your lawyer and the defendant’s lawyer will be present in court. Your lawyer will try to prove that the defendant is guilty, while the defense lawyer will try to disprove your claim.

An important piece of information you need to know about personal injury lawyers is that they work on a contingency agreement. So you do not have to pay them out of your pocket. Instead, they will take a portion of your settlement as their fee.

Insurance companies

 The defendant’s insurance company will be present in court, as they are the ones that are going to pay you.

The insurance adjuster, who is representing the insurance company, will try to get you to settle outside of court. They will also use other strategies to reduce your compensation or disprove your claim.

A quick tip: They will stalk you on social media, so be careful when using any social media platform.

 Expert witness

Expert witnesses are not always present in court. They will come in when a lawyer calls them. These expert witnesses can provide valuable insights into the case by just looking at the case facts.

For example, a medical expert can provide insights into the severity of your injury and how long it will take to recover. This information can help the jury make a decision.

Jury panel

 Have you seen the movie 12 Angry Men? If you haven’t watched it, it’s a classic. It’s about juries.

The jury panel is made up of 12 individuals who will make the final decision. You and your lawyer’s duty is to convince these guys. This panel will be selected by both the defendant’s lawyer and your lawyer.

The decision the panel makes is final. In that court, of course. You can appeal their decision if you want.

Wrapping up

Hope this blog post helped you learn about the parties involved in court. This post is just a fraction of what you need to learn. You still have a long way to go. The best way to learn about personal injury law is to speak with a lawyer.

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