In legal proceedings, the two parties are known as the plaintiff and the defendant. The plaintiff is the party that brings the case, and the defendant is the person being sued.
If you file a lawsuit after a Nevada accident, you are the plaintiff. The party who you allege is responsible for causing your injuries is the defendant. Here’s a look at the responsibilities of each party.
Plaintiffs and Defendants in Personal Injury Cases
An accident victim who initiates a personal injury case is called a plaintiff. The plaintiff files the lawsuit against the defendant. In most personal injury cases, the plaintiff alleges that the defendant breached a duty of care to the plaintiff, leading to injuries.
In personal injury cases, the plaintiff has the burden of proof. The plaintiff must establish all elements of a personal injury case by a preponderance of the evidence. Most personal injury cases are brought as negligence cases.
How Do You Prove the Defendant Was Negligent?
To prove negligence, the plaintiff must show:
- Duty. The defendant owed the plaintiff a duty of care.
- Breach. The defendant breached that duty of care and did not act as a reasonable person would under the same circumstances.
- Causation. The defendant’s breach was the direct and proximate cause of the accident.
- Injury. The plaintiff suffered injuries because of the accident.
It is the plaintiff’s responsibility to show that it is more likely than not that the defendant caused the plaintiff’s injuries.
What if the Defendant and Plaintiff Share Responsibility for the Accident?
The defendant does not have to prove anything but instead responds to the allegations. Defendants work to refute the plaintiff’s claim through evidence, counterclaims, and defenses.
Defendants often refute claims by trying to show that the plaintiff was at fault – or at least partly at fault – for the accident. Nevada recognizes a theory of modified comparative negligence. Under this system, a victim can recover if they’re not more than 50% at fault for the accident.
This means plaintiffs can recover damages from a defendant if the plaintiff is not more at fault than the defendant. When both parties are at fault, the defendant will work hard to blame the plaintiff to reduce the damages the plaintiff can recover.
An experienced personal injury lawyer is used to this strategy from defendants and can help accident victims get the compensation they deserve.
Who Is the Defendant in a Las Vegas Personal Injury Case?
The defendant in a personal injury case is the party being sued. It can be a person, company, or entity. Defendants vary based on the type of case.
Here are some examples of common defendants in different types of personal injury cases:
- Car accidents: drivers, cyclists, motorcyclists, trucking companies, pedestrians, public transit companies
- Premises liability cases (for example, slip and fall accidents): business owners, property owners, tenants
- Dog bites: dog owners, property owners
- Product liability cases: manufacturers, designers, distributors
- Construction accidents: property owners, contractors, subcontractors
An experienced personal injury attorney can help you identify who the potential defendant in your case is.
Procedural Steps in a Personal Injury Case
If another party is responsible for your accident, they are usually responsible for reimbursing you for injuries caused by the accident. In many instances, accident victims are able to recover their losses through a settlement from an insurance company.
However, if the party does not offer a reasonable settlement or does not accept responsibility for losses, victims have to file a personal injury lawsuit.
Here are the procedural steps when that happens:
- Personal injury cases begin when a plaintiff files a Complaint. The defendant has an opportunity to respond to the Complaint by filing an Answer.
- The parties then engage in discovery. During this phase of a case, the parties gather and share evidence. Many cases are settled during or at the end of the discovery phase.
- If the case does not settle, the next step is trial. The plaintiff will present the case to a jury, and the defendant has a chance to respond. At the end of the trial, the jury will issue a verdict.
Most personal injury cases settle before going to trial, but not all of them. Accident victims need an attorney who can represent them throughout all phases of personal injury cases, including trial. Contact an experienced personal injury and trial lawyer to discuss your case.
A Las Vegas Personal Injury Lawyer Can Help You Hold the Defendant Accountable
If you or a loved one was injured in a Las Vegas accident, you could be entitled to compensation for your losses. Accident victims are entitled to recover economic damages and non-economic damages from the responsible party.
To learn more or discuss your rights, contact us at (702) 222-9999. In the initial consultation, our team of personal injury lawyers at De Castroverde Accident & Injury Lawyers will analyze your case and discuss your rights. Next, we’ll create a personalized strategy to help you get the compensation you deserve.
Personal injury cases can be time-consuming and complex. Let our team handle your case and ensure you get the compensation you deserve. To schedule your consultation, call us today or visit our Las Vegas personal injury office.
