Defendant

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In a personal injury case, a defendant is the person or party being accused of causing harm. They are the ones who are believed to be legally responsible for the accident or injury. The injured person—known as the plaintiff—files a claim or lawsuit against the defendant to recover compensation for damages like medical bills, lost wages, and pain and suffering.

Understanding the role of the defendant is important for anyone considering pursuing a personal injury claim. Whether the case involves a car crash, dog bite, or slip and fall, identifying the defendant is key to understanding who may be legally responsible for your injuries.

Who Can Be a Defendant in a Personal Injury Case?

A defendant can be an individual, a company, or even a government agency. It all depends on who may have acted carelessly or failed to prevent harm. Here are common examples of defendants in injury cases:

• A distracted driver who caused a car accident
• A business that failed to clean up a spill, leading to a fall
• A dog owner whose pet bit a child
• A trucking company that allowed unsafe driving conditions
• A product manufacturer whose faulty equipment caused harm

These situations often result in personal injury claims.

What Does the Defendant Do During a Case?

Once a claim is filed, the defendant has a right to respond. Here’s what typically happens:

• Notice Is Received: A defendant is served with legal papers explaining the claim.
• An Answer is Filed: They respond to the complaint, either admitting or denying the allegations.
• The Discovery Process Begins: This stage involves sharing documents, answering questions, and taking depositions.
• Settlement Negotiations Take Place: Many defendants, through their insurance company, try to resolve the case before trial.
• The Case Goes to Court, if Needed: If no agreement is reached, the case may proceed to trial.

Most personal injury cases are settled before they ever reach trial; however, a small percentage do go to court. 

Can There Be More Than One Defendant?

Some personal injury cases involve multiple defendants. This is common in:

• Multi-vehicle accidents
• Construction site injuries
• Commercial trucking cases
• Product liability claims

In these cases, each defendant may be assigned a percentage of blame.

What Happens if the Defendant Has Insurance?

In most cases, the defendant’s insurance company will handle their legal defense. That means:

• The insurance company will hire a lawyer to represent the defendant.
• The insurer will pay the settlement or court award up to policy limits.
• The insurance company will decide whether to fight the claim or settle.

This is why insurance companies are often heavily involved in the negotiation process. 

What if the Defendant Doesn’t Have Insurance?

If the defendant doesn’t have insurance—or doesn’t have enough coverage—the injured person may:

• Sue the defendant directly and try to collect from their personal assets.
• Use their own uninsured or underinsured motorist coverage (for car accidents).
• Explore other liable parties who may share responsibility.

These situations can be more complex and challenging, but they are alternative routes for pursuing compensation.

Can a Defendant Face Criminal Charges Too?

Yes, but criminal cases are separate from personal injury claims. For example, a drunk driver might face criminal charges for DUI and also be the defendant in a civil lawsuit brought by an injured passenger. The outcome of one case does not decide the other, though evidence may overlap.

Why Identifying the Defendant Matters

Correctly identifying the defendant is one of the first—and most important—steps in a personal injury case. Filing a claim against the wrong party can delay your case or even get it dismissed. That’s why legal support is essential in building a strong foundation for your claim.

How Defendants Try to Avoid Liability

Defendants and their insurance companies often take steps to reduce or eliminate their responsibility in a personal injury case. They might argue that the injured party caused the accident or that the injuries are as serious as they claim. In some cases, they’ll point to pre-existing medical conditions or question the timing of treatment.

These tactics can delay the process or pressure the plaintiff into accepting a low settlement. That’s why having strong evidence and skilled legal representation from the start is important. 

A personal injury lawyer can anticipate these defenses, counter them with credible evidence, and ensure your story is given a fair hearing. Understanding how defendants approach a case can help you stay a step ahead and protect your right to a financial recovery.

Contact a Seattle Personal Injury Lawyer at Davis Law Group Car Accident and Personal Injury Lawyers

If you’ve been injured and don’t know who to hold responsible, the team at Davis Law Group Car Accident and Personal Injury Lawyers can help. We know how to identify the correct defendant, build a strong case, and fight for the compensation you deserve.

Contact our Seattle law office today at (206) 727 4000 for a free consultation.