Defendant

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How “Defendant” is Used in Personal Injury Law?

The term “defendant” is used in personal injury cases to identify the person or company whom the case is brought against. You will see the term in legal documents and hear it in negotiations during the life of the case.

Although the term defendant can be used in criminal and civil cases (like personal injury cases), the defendant in personal injury cases doesn’t necessarily have to commit a crime to be identified as the defendant. However, when a plaintiff files the claim, they must show that the defendant had a duty of care, breached that duty of care, and that the breach of duty led to an injury that caused the plaintiff to suffer losses.

Famous Cases “Defendant” Was Used

Brett Michaels v. CBS Broadcasting and the producers of the tony Awards Poison frontman, Bret Michaels was injured by a large set piece as he exited a stage during the 2009 Tony Awards. He had a broken nose and a cut lip. Ten months after the accident, Michaels nearly died from a brain hemorrhage that he attributed to the stage incident. Michaels filed an injury lawsuit against CBS Broadcasting, claiming that the injuries were caused by insufficient preparation, as he “specifically asked for instructions regarding how to exit after his performance.”

The defendants, CBS Broadcasting, and organizers of the Tonys, were in mediation with Michaels, and the claim was settled for a confidential amount.

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When is “Defendant” Used in the Legal Process?

“Defendant” is used throughout the legal process to identify and refer to the person defending themselves against the personal injury claim. While the burden of proof is on the plaintiff, the defendant can bring their own evidence to trial to argue their side of the claim.

Is “Defendant” Used in Kentucky Personal Injury Law?

Yes! Kentucky personal injury law uses the term “defendant” to refer to the person defending themselves against a personal injury claim.

Is “Defendant” Used in Tennessee Personal Injury Law?

Yes! In Tennessee personal injury law, the term “defendant” can be seen on legal paperwork, including the demand letter. Most attorneys will refer to the defendant, not by his or her name, but by the title, “defendant.”

How Does Hughes & Coleman Injury Lawyers Use “Defendant”?

The experienced personal injury attorneys at Hughes & Coleman, will use “defendant” throughout the legal process. From filing your claim to negotiations to the courtroom (if necessary), the person(s) or company that have the personal injury claim filed against them are often referred to as the defendant(s).

Lee Coleman

ATTORNEY, MANAGING PARTNER, & CO-FOUNDER

Mr. Coleman is now the Managing Partner and majority owner of Hughes and Coleman Injury Lawyers, a firm he co-founded in 1985 with J. Marshall Hughes. The firm has grown for over 40 years, and we currently have over 30 attorneys and multiple offices across Kentucky and Tennessee, as well as an affiliate firm in Albuquerque, New Mexico.

Mr. Coleman’s efforts and accomplishments have been widely recognized, including being named as a Kentucky Super Lawyer in Personal Injury since 2012, and being awarded an AV Rating, the highest rating given, by the nation’s preeminent Attorney Rating service, Martindale- Hubbell®.

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Frequently Asked Questions About “Defendant”

What does it mean if you are the defendant?

If you’re the defendant in a personal injury case, it means that someone has filed a lawsuit against you, claiming that you have committed a negligent act. In order for the accuser to file the claim, they must show negligence in your actions or lack of actions.

What is the difference between the defendant and the plaintiff?

The plaintiff is the person who files the claim while the defendant is the person the claim was filed against.

Who is the defendant in a car accident case?

The defendant in a car accident place is usually the person who was at fault for the accident. If your state has comparative negligence laws, there can be multiple people at fault for a car wreck, but the defendant would be the person is found to have the under 50% of the fault.

What happens when someone claims personal injury against you?

In cases of injury on your property or in which you were found at fault in a car wreck, if a personal injury claim is filed against you, you should get your insurance company involved.

They may review details of the case, inspect your property, negotiate terms of a settlement for you, or even provide a legal defense for you.

What is an example of a defendant?

In cases of injury on your property or in which you were found at fault in a car wreck, if a personal injury claim is filed against you, you should get your insurance company involved.

They may review details of the case, inspect your property, negotiate terms of a settlement for you, or even provide a legal defense for you.

Can a minor be a defendant in a personal injury case?

Yes! A minor can be a defendant in a personal injury case. However, many personal injury cases involving minors as defendants are related to car accidents.

While an insurance company may take over the representation of the defendant, should the case go to trial, guardian ad litem will be assigned to represent the underage defendant in court.