A defendant is the party in a lawsuit being sued. In a personal injury lawsuit, the victim is the plaintiff. The defendant is the individual who allegedly caused the plaintiff to be injured.
Most personal injury cases in Georgia are settled through negotiations between the parties. However, a lawyer may advise you to file a lawsuit if the negotiations do not result in a fair settlement offer.
Even if you file a personal injury lawsuit, you and the defendant may agree to a settlement before your case goes to trial.
Who Is the Defendant in a Georgia Personal Injury Lawsuit?
The defendant in a personal injury lawsuit is the party who contributed to the cause of the plaintiff’s injuries. More than one individual could be responsible for a victim’s harm, depending on the circumstances. Defendants may be people, government agencies, corporations, and other legal entities.
Many situations and accidents could lead to a personal injury lawsuit. Examples include, but are not limited to:
- Car accidents
- Workplace accidents
- Dog bites
- Construction accidents
- Medical malpractice
- Truck accidents
- Defective products
- Pedestrian accidents
- Nursing home abuse
- Bicycle accidents
- Slip and fall accidents
- Wrongful death
Liability insurance companies generally handle settlement negotiations when you file a claim. However, the insurer is not typically named as a party to a personal injury lawsuit. The company will likely enlist a defense lawyer to respond to the lawsuit on behalf of its insured. A defendant has the right to hire separate legal counsel of their choice to represent them, but they are responsible for paying the cost.
What Is the Process For Filing a Personal Injury Lawsuit in Lawrenceville, GA?
The plaintiff (i.e., the injured party) files a complaint with the civil court. Copies of the complaint and a summons are served on each defendant. The defendant has 30 days to file an answer or response. Answers filed after the deadline may not be recognized.
Generally, the insurance company’s lawyers file an answer for the defendant. If the answer includes a counterclaim, the plaintiff can file a response.
Each case is unique. However, most personal injury lawsuits proceed through several phases, including:
- Discovery
- Settlement negotiations and/or mediation
- Pre-trial motions and hearings
- Jury selection
- Trial
- Deliberation and verdict
Discovery is an essential step in a lawsuit. The parties exchange information and evidence under oath. They may also obtain additional information by taking depositions of potential witnesses or issuing subpoenas for documents.
After completing discovery, the parties often have a better understanding of the strengths and weaknesses of the case. It can encourage the parties to negotiate a settlement before going to trial.
What Do I Need to Prove to Hold a Defendant Liable for Damages in a Personal Injury Lawsuit?
Most personal injury claims are based on negligence. However, they may also be based on strict liability or intentional torts.
With a negligence claim, the plaintiff must prove that the defendant:
- Had a legal duty of care
- Breached the duty of care
- Caused the plaintiff’s injuries
- Caused the plaintiff to incur damages
The burden of proof in a personal injury case is by a preponderance of the evidence. The jurors must believe there is a greater than 50% chance that the defendant caused the plaintiff’s injuries. If so, the jury may find the defendant negligent and award the plaintiff damages.
Damages in a personal injury lawsuit include compensation for economic damages, such as lost wages, property damage, out-of-pocket expenses, and medical bills. Jurors may also award non-economic damages to compensate the plaintiff for pain and suffering.
In a few cases, jurors may award punitive damages to punish the defendant. However, punitive damages require a higher burden of proof and only apply under specific circumstances.
Defendants May Claim One or More Defenses in Personal Injury Cases
The plaintiff has the burden of proving their claim. However, defendants may allege one or more defenses. In addition to presenting evidence that refutes the plaintiff’s allegations of causation, fault, and liability, the defendant might allege:
Comparative Fault
Defendants may allege that the plaintiff contributed to the cause of their injuries. Georgia’s comparative fault laws bar injured parties from receiving damages if they are 50% or more to blame for causing their injuries. If the plaintiff is less than 50% at fault, the judge reduces their damages by their assigned percentage of fault.
Insurance adjusters often search for evidence that could be used to prove shared fault. They may ask for a recorded statement designed to get the injured party to admit something that could be used to allege fault. Allowing a personal injury lawyer to deal with the insurance company is best.
Failure to Mitigate Damages
Injured parties have a duty to mitigate damages. They must take reasonable steps to avoid unnecessary losses and harm after an accident or injury. For example, seeking prompt medical treatment would be a reasonable step to mitigate damages, as is following a doctor’s treatment plan. A plaintiff may not receive compensation for damages they could avoid.
Expiration of the Statute of Limitations
The Georgia statute of limitations for most personal injury cases is two years, but there are exceptions. The court can dismiss the case if a personal injury lawsuit is filed after the applicable deadline. Because there are exceptions, it is best to seek legal advice immediately.
Contact an Experienced Attorney For Help With Your Personal Injury Lawsuit in Georgia
If you were injured in an accident, seek legal advice from a Lawrenceville personal injury lawyer. Our attorney offers a free consultation. Contact us today at (678) 446-3655 to schedule a free consultation at Lawson Personal Injury Attorneys.