The legal world has a language all its own. It is important to understand basic legal terms, especially if you are involved in legal action. First of all, it is helpful to know the difference between the plaintiff and defendant in a personal injury case.
The personal injury lawyers of Morgan, Collins, Yeast & Salyer in Kentucky always stand with the plaintiff after car accidents, slip and fall accidents, and other injury cases. We represent people who have been unjustly injured and need to initiate legal proceedings to recover their losses. We seek to hold the defendant financially accountable for the harm caused in personal injury cases.
Consider the difference between a plaintiff and a defendant under Kentucky law. If you have been injured in an accident, such as a car crash caused by someone else, then you are potentially a plaintiff in a personal injury claim. If you have losses from such an injury, please contact us for a free case evaluation and discussion of your legal options.
Who is the Plaintiff?
The plaintiff is an individual or an entity who brings a civil legal action. The plaintiff files a personal injury lawsuit in a court of law. An attorney representing the plaintiff files the plaintiff’s complaint in the appropriate court, suing one or more defendants for the harm they allegedly caused.
The burden of proof in civil litigation, such as a personal injury legal matter, rests with the plaintiff who filed the civil complaint. The plaintiff must show that they suffered some type of injury due to the defendant’s negligence, recklessness, or criminal act and that the plaintiff’s injury can be improved with compensation from the defendant.
For example, if you were in a car accident and hospitalized with a broken leg, you would likely incur medical bills for treatment of your injuries, lost income from being unable to work, and damage to your vehicle. Kentucky civil law allows a plaintiff to demand compensation for medical expenses, lost income, pain, suffering, inconvenience, physical impairment, and other losses. A personal injury lawyer in Kentucky can review your accident and help you understand your rights to pursue compensation for your losses.
Who is the Defendant?
In civil cases, the defendant is the person or entity being sued by the plaintiff.
The plaintiff in a lawsuit asserts that the defendant has failed to meet a legal responsibility owed to the plaintiff. The plaintiff asks the court to compel the defendant to compensate them for the injury they have suffered due to the defendant’s failure to fulfill their legal duty.
For example, individuals have a responsibility to avoid careless acts that could foreseeably harm others. For example, car and truck drivers must obey traffic laws and not drive in a manner that could foreseeably lead to an accident that harms others. A driver who causes a car accident because he or she ran a red light, exceeded the speed limit, or was driving drunk might be named as a defendant in a lawsuit.
Similarly, property owners have a duty of care to ensure their buildings and grounds are free of hazards that could foreseeably harm visitors. Because hazards can form, such as a spill in a grocery aisle or standing rainwater in an entryway, property owners are allowed a reasonable amount of time to identify and remove a hazard or warn visitors of hazards that cannot be addressed in a timely manner.
A property owner might become a defendant in a lawsuit if a visitor were to assert that they slipped and fell and were injured on the defendant’s property because of a hazard the defendant should have known about but failed to fix in a timely manner.
Why the Plaintiff and Defendant Distinction Matters
For a plaintiff to win a civil lawsuit, their attorneys must persuade a jury that it is “more likely than not” that the defendant caused the person’s injuries. This is known as a proving liability by a “preponderance of the evidence.” This is a lower standard of proof than “beyond a reasonable doubt,” the level of proof required in criminal cases.
The plaintiff has the burden of proof in their personal injury case. The plaintiff asserts that the defendant injured them, so the plaintiff’s personal injury lawyer must gather and present convincing evidence to support the civil case.
A defendant is not required to prove their lack of liability. However, Kentucky’s rules for the allocation of compensation in a personal injury lawsuit provide a defendant incentive to present evidence of the plaintiff’s negligence.
Kentucky uses a pure comparative fault doctrine when a court awards damages in civil proceedings. This means that when a jury decides to award damages, it must determine whether the plaintiff bears any responsibility for their own injury.
If the court determines the plaintiff bears some degree of blame, the damages awarded to the plaintiff must be reduced proportionately.
What If There Are Multiple Plaintiffs or Defendants?
If a personal injury case involves multiple defendants, the defendants may share legal liability for the harm caused. The court would determine each defendant’s percentage of liability.
When there are multiple plaintiffs, they may each be entitled to compensation based on the harm they have suffered.
Because Kentucky’s rule is a pure comparative fault system, a plaintiff may recover damages even if they are partly at fault.
That brings us to one last distinction between plaintiffs and defendants in a personal injury claim. A lawsuit will name an individual or business as a defendant. If the case goes to court, the plaintiff will be facing experienced lawyers from the defendant’s insurance company.
When insurers fight a claim, they do it with teams of lawyers and investigators who are skilled and tasked with protecting the insurance company’s bottom line.
This is why it is so important that a person who is injured in a car accident or other type of accident seek the legal representation of experienced personal injury lawyers.
Don’t Face Your Kentucky Injury Case Alone. We’re Here to Help
At Morgan, Collins, Yeast & Salyer, our attorneys understand how difficult it is for people struggling with serious injuries to fight insurance companies for fair compensation. The legal system is difficult to navigate without help. It takes Kentucky Courage to demand justice. You need a trusted attorney to fight for your interests. Our attorneys are dedicated to helping Kentuckians just like you.
Our aim is to thoroughly investigate your case, gather solid evidence, and guide you through the legal process. We’ll aggressively negotiate for a fair settlement or show a judge and jury at trial why you deserve full compensation.
