When people hear the term defendant, they often think of criminal cases in which the defendant is the person accused of a crime. However, a defendant in a civil case is the person against whom a claim is filed and against whom the plaintiff is seeking compensation.
What You Must Prove to Win a Personal Injury Case
Most personal injury cases are based on the legal concept of negligence, which is the failure to act in the way a reasonable person would have under similar circumstances that causes harm to someone else. There are four legal elements you must prove against the defendant in a personal injury case based on negligence:
- Legal Duty: The legal duty is the standard of care the defendant was supposed to abide by to avoid injuring you. For example, motorists must follow the rules of the road to avoid collisions with others.
- Breach of Duty: The breach of duty is what the defendant did or did not do that caused the accident. Continuing with the car accident example, breach of duty could include speeding, failing to yield the right of way, drinking and driving, texting while driving, or running a red light or stop sign.
- Causation: Causation is the link between the defendant’s breach of duty and the accident. For example, the car accident would not have occurred if the defendant was not speeding.
- Damages: Damages are the injuries and harm that you suffered because of the accident. Damages can include economic damages, such as medical bills and lost wages, and non-economic damages, such as pain and suffering.
An experienced personal injury lawyer will be able to help you prove each of the elements of negligence.
Defendants in Different Types of Personal Injury Cases
A thorough investigation is essential to identify all potentially responsible parties in a case. More defendants may mean more resources to pay for the damages you sustained. Here are some examples of some defendants for various types of cases we handle:
Car Accidents
Most car accidents are caused by driver error. Therefore, the defendant in most car accident cases is another motorist. However, if the accident was due to a product defect or a defective road, the defendant may be the product manufacturer or government entity, respectively.
Bicycle Accidents
Bicycle or pedestrian accidents often occur when motorists do not look out for these road users, so negligent motorists are typically named as defendants in these cases.
Truck Accidents
While the truck driver may be the first party you look to for compensation after a truck accident, other parties could share in liability for these accidents, including:
- Trucking companies
- Truck owners
- Employers
- Cargo-loading companies
- Mechanics
- Product manufacturers
Each of these entities may have played a role in causing the crash, and holding them accountable can strengthen your claim and maximize your recovery.
Aviation Accidents
Various parties can contribute to aviation and airplane accidents, including:
- Pilots
- Airlines
- Aircraft owners
- Inspection and maintenance companies
- Mechanics
- Product manufacturers
- Air traffic control workers
Aviation accidents often involve complex factors and multiple responsible parties.
Uber and Lyft Accidents
While most people think Uber or Lyft are responsible for these accidents, they typically are not due to drivers’ independent contractor status. Instead, an injured passenger or motorist files a claim against the rideshare driver, who may be provided with separate insurance by the rideshare company, depending on when the accident occurs during the transaction.
Bus Accidents
Negligent bus drivers may cause bus accidents. You may be able to file a claim against the driver and/or their employer if a government agency owned the bus. For example, if it is a city bus, special notice requirements may apply to the defendant.
Electric Scooter Accidents
Electric scooter accident defendants may include the scooter’s operator, mechanics who negligently performed repairs, and scooter rental companies that failed to maintain their vehicles.
Child Injuries
Children may be injured at various locations. Generally, the party responsible for supervising the child or the property can be named as defendants in these cases, which may include:
- Daycares and schools
- Parks and playgrounds
- Coaches and trainers
- Property owners
- Recreational facilities
Child injury cases can be particularly complicated and require experienced legal help.
Dog Bites
Dog owners, walkers, and those in control of a dog that bites someone else may be defendants in dog bite cases.
Nursing Home Abuse
You may be able to file a claim against the abusive employee and the nursing home that negligently supervised them, which allowed the abuse to occur and continue.
Medical Malpractice
If a healthcare provider deviates from the standard of care, you may be able to name them as a defendant in a medical malpractice claim. This could include:
- Doctors
- Nurses
- Medical facilities
- Hospitals
- Lab technicians
- Surgeons
Medical malpractice claims can involve one or several parties, depending on who contributed to the substandard care.
Slips and Falls
Negligent property owners and occupiers can be named as defendants in slip-and-fall cases. This may include:
- Private parties
- Government agencies
- Hotels and resorts
- Movie theaters
- Malls
- Offices
- Businesses
You could potentially bring a case against any individuals or entities responsible for maintaining safe premises.
Sexual Assault
The perpetrator of the assault may be named as a defendant, as well as the property owner who failed to provide adequate security.
Workplace Accidents
You may have a workers’ compensation claim against your employer. You could also have a third-party claim against another party responsible for your injuries, such as a negligent property owner or contractor.
Contact a Personal Injury Law Firm for a Free Consultation
The first step to establishing a claim for financial recovery is correctly identifying the parties responsible for your damages. An experienced lawyer from Winters & Yonker Personal Injury Lawyers can help you identify all defendants who should be held accountable for your damages. Most personal injury firms offer a free consultation, so don’t wait to get started. Contact us at (813) 223-6200 today!
