Who Are The Plaintiffs And Defendants In Personal Injury Cases?

A personal injury case arises when someone is injured because of another person’s negligence. Negligence is when a person fails to behave with the level of care that someone else in the same situation would have exercised. There are several important legal phrases in personal injury law. Two of these phrases are plaintiff and defendant. If you have never been involved in a legal situation, you may be unsure of the meaning of these two terms. In this article, we discuss who a plaintiff is and who a defendant is in a personal injury case.

Who Is a Plaintiff in a Personal Injury Case?

A plaintiff in a personal injury case is the person who suffers an injury due to another party’s negligence. A plaintiff is the person who files the personal injury claim. In a personal injury case, the plaintiff is the person who wants another person to compensate them for their injuries and damages. The following are common examples of plaintiffs in personal injury cases;

• People involved in motor vehicle accidents
• People involved in slip and fall accidents
• Nursing home residents who suffer neglect or abuse by facility staff
• Consumers injured by defective products

A plaintiff can file a personal injury claim without legal representation since hiring an attorney is not a legal requirement. However, it is advisable for a plaintiff to hire an attorney to help them file their claim. Navigating the personal injury claim process can be challenging. A skilled personal injury attorney can help a plaintiff navigate the complex legal process.

Who Is a Defendant in a Personal Injury Case?

A defendant is the party accused of causing harm to the plaintiff. The defendant is the party the plaintiff expects to compensate them for their injuries and damages. And as the name suggests, the defendant is responsible for defending themselves against the plaintiff’s allegations.

In Florida, there can be more than one defendant in a personal injury case, meaning more than one party can be held financially responsible for damages. In a case with multiple defendants, each defendant is held accountable according to their degree of fault.

The Burden of Proof in a Personal Injury Case

After someone files a personal injury claim, they have the burden of proving their allegations are true. Usually, plaintiffs in personal injury cases are required to prove their case by a preponderance of the evidence. This evidentiary standard requires a plaintiff to prove that there is a greater than 50 percent chance that their allegations are true.

Comparative Negligence in Florida Personal Injury Cases

Due to Florida’s comparative negligence law that awards compensation based on the percentage of fault, if a plaintiff is found to be partially liable for their accident and injury, their compensation is reduced based on their percentage of fault.

Note: Because of recent changes to the Florida comparative negligence law, plaintiffs will no longer be able to recover compensation from defendants if they (the plaintiffs) are more than 50% at fault.

Legal Help Is Available

If you’ve suffered an injury because of another party’s negligence and need help filing a personal injury claim, contact our skilled and dedicated Tampa personal injury attorneys at The Pendas Law Firm. We can help you recover the compensation you deserve.

The Pendas Law Firm also represents clients in the Miami, Jacksonville, Ocala, Orlando, Naples, Melbourne, Fort Myers, Fort Lauderdale, Bradenton, West Palm Beach, and Daytona Beach areas.

Source:

law.cornell.edu/wex/preponderance_of_the_evidence#:~:text=Preponderance%20of%20the%20evidence%20is,that%20the%20claim%20is%20true