Defendant

Under Florida’s tort laws, you can sue the party responsible for your injuries if you are injured in an accident or sustain a personal injury. A tort is an action or omission that can cause harm or injury to another person. The conduct can result in a civil action to recover damages.

A defendant is a party in a civil lawsuit being sued. The defendant is accused of committing some act or failing to perform a duty that caused injury or death to another person. The lawsuit seeks compensation for damages caused by the defendant’s conduct.

A plaintiff is an injured party accusing the defendant of causing them to sustain damages. The plaintiff demands that the defendant compensate them financially for their injuries and damages. 

Defendant vs. Plaintiff – What Are Their Roles in a Personal Injury Lawsuit?

Filing a lawsuit begins the civil action between the parties. At that point, each party takes on a specific role within the case.

What is the Plaintiff’s Role in the Lawsuit?

What is the Plaintiff’s Role in the Lawsuit?

The plaintiff has the burden of proving by a preponderance of the evidence that the defendant’s conduct was negligent. A preponderance of the evidence means that there is more than a 50% chance the defendant’s actions caused the plaintiff’s injuries. 

The plaintiff must prove the following legal elements of negligence to the jury:

  • Duty of Care – The defendant had a legal obligation to act with a reasonable level of care to avoid hurting the plaintiff.
  • Breach of Duty – The defendant’s conduct fell short of the standard of care for the given situation.
  • Causation – The defendant’s conduct was a direct and proximate cause of the plaintiff’s injuries.
  • Damages – As a result of the breach of duty, the plaintiff sustained damages.

Damages include financial losses (economic damages), such as medical bills, out-of-pocket expenses, property damage, and lost wages. However, the plaintiff may also claim compensation for non-economic damages or “pain and suffering” damages.

A plaintiff may also demand punitive damages. A court grants a punitive damage award to “punish” the defendant for malicious or egregious behavior. Punitive damages are only awarded in a limited number of personal injury cases.

What is the Defendant’s Role in the Lawsuit?

The defendant argues against the plaintiff’s allegations of fault and liability. If the defendant has insurance coverage for the accident, the insurance company generally hires a defense attorney to handle the lawsuit.

Even though the plaintiff has the burden of proof, the defense can present witnesses, cross-examine witnesses, and offer evidence to refute the plaintiff’s allegations. The defendant may also raise defenses, including comparative fault or failure to file a lawsuit before the Florida statute of limitations deadline. 

If the jurors rule in favor of the plaintiff, the defendant is liable for damages. 

Common Types of Defendants in Personal Injury Cases

The type of defendant in a personal injury case depends on the injury or accident. Examples of defendants in personal injury lawsuits include, but are not limited to:

At-Fault Drivers, Pedestrians & Bicyclists

Florida permits accident victims to sue the at-fault driver when they sustain serious injuries because of a traffic accident. Therefore, you might have a lawsuit against another driver, bicyclist, or pedestrian who caused a car crash.

Property Owners

Property owners may be liable for accidents on their property under Florida’s premises liability laws. A property owner has a duty of care to maintain safe premises to avoid injuries. In addition, they must take reasonable steps to warn people of dangers on the property. 

Commercial Trucking Companies

Lawsuits for semi-truck accidents may have multiple defendants. The truck driver may be a defendant, but the trucking company is generally named a defendant. Shippers, loaders, maintenance companies, and other parties involved with the truck could also be defendants. 

Manufacturers, Designers, & Distributors/Sellers

Product liability laws hold parties financially liable for the injuries and damages caused by a defective product. Depending on the type of product liability claim filed, a designer or manufacturer could be named as the defendant. However, anyone in the supply chain could share liability, including distributors and sellers.

Medical Providers and Healthcare Professionals

Physicians are often the primary defendant in a medical malpractice lawsuit. However, medical facilities, nurses, technicians, and other healthcare professionals may share liability for damages. If so, they are named as defendants in the lawsuit. 

Contact a Tampa Personal Injury Lawyer for a Free Consultation

Being injured in an accident can be overwhelming. An experienced legal team will handle your personal injury claim while you focus on recovering. Schedule a free consultation with an experienced Tampa personal injury attorney if you’ve been injured by another party.