When someone files a lawsuit in a personal injury case, you may hear the word “defendant.” But what exactly does that mean? This article will explain the role of a defendant in a simple and straightforward way. Whether you are pursuing a personal injury case in Tennessee or just want to better understand legal terms, this guide will help you.
What Is a Defendant?
In a legal case, a defendant is the person or company who is being accused of causing harm to someone else. In personal injury cases, the plaintiff (the person who was injured) files a claim against the defendant, saying that the defendant’s actions caused the injury. The defendant can be an individual, a business, or even a government entity. Whoever is believed to be responsible for the injury is named as the defendant.
The Role of the Defendant in Personal Injury Cases
The defendant plays a key role in any lawsuit. Once the plaintiff files the complaint, the defendant is officially notified of the lawsuit. This is called being “served.” The defendant then has the chance to respond to the claims made against them.
The defendant can choose to:
- Admit fault or liability
- Deny the allegations
- Offer an explanation or defense
During the case, the defendant may also try to prove that they were not responsible for the injury or that the plaintiff’s own actions contributed to what happened. Many defendants hire attorneys to protect their rights and handle the legal process.
Defenses Commonly Used by Defendants in Personal Injury Cases
In personal injury lawsuits, defendants often use certain defenses to liability. Some common defenses include:
- Assumption of Risk: This defense means the plaintiff knew about the danger and voluntarily accepted it. For example, if someone goes to a sports event and gets hurt, the defendant might say the person accepted the risks involved.
- Lack of Evidence: The defendant may claim the plaintiff cannot prove their case. If the plaintiff does not have enough proof that the defendant caused the injury, the case might be dismissed.
- Inadmissibility of Evidence: The evidence that the plaintiff used to prove their case was inadmissible because it violated the rules of evidence.
- Comparative Fault in Tennessee: In Tennessee, a key defense in many personal injury cases is modified comparative fault. This rule means that if a plaintiff is found to be 50% or more at fault, they cannot recover any damages. If they are less than 50% at fault, their compensation will be reduced proportionally to their share of fault. This defense is often used by defendants to minimize their liability.
Every case is different, and defendants will use different strategies depending on the facts.
Why Understanding the Defendant’s Role Is Important
If you are involved in a personal injury case, knowing who the defendant is and what they do can help you understand the legal process better. It is important to remember that the defendant also has rights in the lawsuit. They are not automatically guilty and can defend themselves with evidence.
In Tennessee, personal injury laws are designed to be fair to both sides. The court wants to ensure that the responsible party is held accountable and that innocent defendants are not punished unfairly.
Settling Personal Injury Cases
Most personal injury cases settle before going to trial. Defendants often prefer to settle to avoid the risks of losing in court or having to pay large amounts in damages. Settlement means the defendant agrees to pay the plaintiff a certain amount of money, and in return, the plaintiff drops the lawsuit. The settlement process usually involves negotiations where both sides try to reach a fair agreement.
Defendants may offer a settlement that covers medical bills, lost wages, and other damages without admitting fault. It is important for defendants to get advice from a skilled attorney before agreeing to any settlement. Sometimes the first offer is lower than what the plaintiff deserves, and a lawyer can help negotiate better terms.
Contact a Lexington Personal Injury Lawyer at Minner Vines Injury Lawyers, PLLC for a Free Consultation
The defendant is the person or company accused of causing harm and who must defend themselves in court. In Tennessee, defendants have rights and defenses they can use to protect themselves.
If you have been injured in an accident, understanding what a defendant is and their role can help you navigate the legal process more confidently. Our experienced Lexington personal injury lawyers are here to fight for the best possible outcome in your case.
Call Minner Vines Personal Injury Lawyers, PLLC, at (859) 550-2900 to arrange a free consultation.