In a personal injury case, the defendant is the party being sued for allegedly causing harm to the plaintiff—the injured party. Whether the case involves a car accident, dog bite, or workplace injury, identifying the correct defendant and proving liability is crucial to securing compensation.

While most personal injury cases in Georgia are resolved through settlement negotiations, you may need to file a lawsuit if the at-fault party or their insurer refuses to offer fair compensation. Even after a lawsuit is filed, the parties may reach a settlement before trial begins.

Who Is the Defendant in a Georgia Personal Injury Lawsuit?

The defendant is the individual, company, or legal entity believed to have caused or contributed to the plaintiff’s injuries. A case may involve multiple defendants depending on the circumstances.

Common examples of personal injury cases include:

• Car and truck accidents
• Workplace injuries
• Medical malpractice
• Slip and fall accidents
• Dog bites
• Construction site accidents
• Defective products
• Nursing home abuse
• Pedestrian and bicycle accidents
• Wrongful death

Although insurance companies typically handle settlement negotiations, they are not named as defendants in lawsuits. Instead, the insurer provides legal defense for their insured and covers damages if a settlement or verdict is awarded.

The Personal Injury Lawsuit Process in Georgia

A lawsuit begins when the plaintiff files a complaint with the appropriate civil court in Georgia. The court then issues a summons, and both the complaint and summons must be formally served to each defendant.

Key Steps:

• Filing a Complaint: A legal document outlining your claims, the damages sought, and why the defendant is liable.
• Service of Process: Notification of the lawsuit to the defendant.
• Defendant’s Answer: The defendant typically has 30 days to file a formal response. If they miss this deadline, a default judgment may be entered.

If the answer includes a counterclaim, the plaintiff can respond accordingly.

Lawsuit Phases:

1. Discovery: Both parties exchange evidence and take depositions.
2. Settlement Talks or Mediation: Common once discovery reveals the case’s strengths and weaknesses.
3. Pre-Trial Motions and Hearings
4. Jury Selection (if applicable)
5. Trial, Verdict, and Possible Appeals

What Must Be Proven to Hold the Defendant Liable?

Most personal injury cases are based on negligence, though others may involve strict liability or intentional torts.

To win a negligence claim, the plaintiff must prove:

1. Duty of Care: The defendant had a legal obligation to act with care.
2. Breach of Duty: That obligation was violated.
3. Causation: The breach directly caused the plaintiff’s injuries.
4. Damages: The plaintiff suffered losses (economic or non-economic).

The burden of proof is "by a preponderance of the evidence"—meaning the jury must find it more likely than not that the defendant caused the injury.

Potential Damages Include:

• Medical bills (past and future)
• Lost wages and earning capacity
• Property damage
• Pain and suffering
• Emotional distress
• Punitive damages (in rare cases involving egregious misconduct)

Common Defenses Raised by Defendants

While the plaintiff has the burden of proof, defendants may raise several legal defenses, including:

Comparative Fault

Georgia follows a modified comparative fault rule with a 50% bar to recovery. If the plaintiff is found 50% or more at fault, they cannot recover damages. If they are less than 50% at fault, their compensation is reduced by their percentage of fault.

Failure to Mitigate Damages

Injured parties have a duty to take reasonable steps to avoid worsening their injuries, such as seeking prompt medical care and following treatment plans.

Statute of Limitations

Most personal injury lawsuits in Georgia must be filed within two years of the injury date. Exceptions may apply, so speak with a lawyer promptly to avoid missing your deadline.

Contact a Georgia Personal Injury Lawyer for Help

Understanding the role of the defendant and the lawsuit process is key to protecting your rights. At Kunnatha Lawson LLC, our attorneys can guide you through every step—from identifying liable parties to proving your case in court.

We offer free consultations to discuss your legal options and explain how Georgia law applies to your situation.

Call (678) 446-3655 today to schedule your free case review with an experienced Georgia personal injury lawyer.