Mark Roman | November 8, 2024 | Personal Injury

Who Are the Plaintiffs and Defendants in Personal Injury Cases? 

A personal injury claim is a dispute between two or more parties regarding the cause of an injury or accident. The injured party seeks compensation for the damages caused by the other party’s actions.

Most personal injury cases are resolved through settlement negotiations or mediation. However, an injured party can file a personal injury lawsuit to have their case heard by a jury. The parties to a personal injury lawsuit are the plaintiff and the defendant.

Who Are the Plaintiffs in Florida Personal Injury Lawsuits?

The plaintiff is the injured party in a personal injury lawsuit. 

Examples of plaintiffs in a personal injury lawsuit include:

The plaintiff files a complaint in civil court to initiate the lawsuit. They seek compensation for their economic damages, which include property damage, lost wages, out-of-pocket expenses, and medical expenses. Plaintiffs also seek compensation for non-economic damages. These damages represent pain and suffering, emotional distress, and permanent impairments.

Who Are the Defendants in Florida Personal Injury Lawsuits?

The defendant is the party in a personal injury lawsuit who is being accused of hurting the plaintiff. They are being sued for damages. 

Examples of defendants in personal injury lawsuits include:

  • Medical malpractice – Doctors, nurses, hospitals, and other health care professionals
  • Premises liability – Homeowners, businesses, management companies, landlords, and other parties with control of the property
  • Motor vehicle accidents – Drivers, car manufacturers, trucking companies, government entities, etc.
  • Dog bite cases – Dog owners, property owners, landlords, tenants, and homeowners
  • Nursing home abuse cases – Owners and operators of nursing homes, staff members, and management companies
  • Product liability claims – Designers, manufacturers, distributors, marketing companies, sellers, and other parties

Any party that contributed to the cause of the plaintiff’s injuries can be a defendant in a personal injury lawsuit. The plaintiff has the burden of proving the elements of a personal injury claim to recover compensation for damages.

The burden of proof in a personal injury case is by a preponderance of the evidence. The plaintiff jury must find there is more than a 50% chance that the defendant caused the plaintiff’s injuries.

What Are the Steps in a Personal Injury Lawsuit in Clearwater, FL?

The timeline for a personal injury lawsuit depends on the facts and circumstances of the case. However, cases often share many of the same steps. 

Generally, the steps in a personal injury lawsuit include:

  • Hiring a Clearwater personal injury lawyer
  • The lawyer investigates the claim to gather evidence
  • A settlement demand is sent to the insurance company once the injured party completes medical treatment
  • The parties negotiate a settlement, or the plaintiff proceeds with a lawsuit
  • The plaintiff files a complaint with the court and serves it on the defendant
  • The defendant has a deadline to respond to the complaint
  • The parties engage in discovery, where they exchange evidence and information
  • The parties may engage in mediation and/or negotiation to settle the case
  • The court hearings pre-trial motions, if any
  • The trial includes choosing a jury, making opening statements, presenting evidence, and making closing statements
  • The jurors deliberate and return a verdict
  • Either party may appeal the verdict

Florida sets deadlines for filing personal injury lawsuits. The court may dismiss the lawsuit if it is filed after the statute of limitations expires. Many personal injury cases have a two-year statute of limitations, but some exceptions could shorten or lengthen the deadline.

A Clearwater Personal Injury Lawyer Can Help You Hold the Defendant Accountable

Contacting a Clearwater personal injury lawyer as soon as possible after an accident can help protect your rights. If you have questions about personal injury claims, schedule a free consultation with one of our experienced personal injury attorneys in St. Petersburg.

For more information, please contact the legal team of Roman Austin Personal Injury Lawyers for a free initial consultation with a personal injury lawyer in Clearwater. We have convenient locations in Florida: St. Petersburg, Safety Harbor, Clearwater, New Port Richey, and Tampa.

We serve throughout Pinellas County, Hillsborough County, Pasco County, and its surrounding areas:

Roman Austin Personal Injury Lawyers – Clearwater Office
1811 N. Belcher Road, Suite I-1
Clearwater, FL 33765
(727) 787-2500

Roman Austin Personal Injury Lawyers – Congress Ave Office
2360 Congress Avenue
Clearwater, FL 33763
(727) 591-5610

Roman Austin Personal Injury Lawyers – Tampa Office
6601 Memorial Hwy Suite 202
Tampa, FL 33615
(813) 686-7588

Roman Austin Personal Injury Lawyers – New Port Richey Office
2515 Seven Springs Blvd.
New Port Richey, FL, 34655
(727) 815-8442

Roman Austin Personal Injury Lawyers – St. Petersburg Law Office
840 Beach Dr NE Suite 202
St. Petersburg, FL 33701
(727) 787-2500

Roman Austin Personal Injury Lawyers – Safety Harbor Law Office
202 9th Ave S Suite A-2
Safety Harbor, FL 34695
(727) 787-2500