A brief overview of the major players in a personal injury case and their roles
Being involved in any kind of personal injury case can be stressful, especially if you are unfamiliar with the law. All sorts of names will be flying around as your attorney sends official communications and notices in “legalese”. You may wonder, “Who are all these people??”
Here is a brief overview of all the different parties who will be participating in your case.
Plaintiff: As the injured party, you are the plaintiff. You may be seeking damages for your past medical bills, the projected cost of future medical treatment, your lost wages, your pain and suffering—in short, all the ways that your injury is affecting your life.
Defendant: The person who caused or contributed to your injury is the defendant. This could be another driver in the case of a car accident, a property owner or business owner in the case of a premises accident, or even a city or municipality. However, it is important to realize that the individual themselves is not the person who needs to be convinced of their own guilt and your need for compensation. In the vast majority of cases your claim for compensation is actually lodged against the individual’s insurance company.
Personal Injury Attorney: Your personal injury attorney serves as your advocate and is tasked with establishing the pertinent facts of the case to the satisfaction of the law. A personal injury attorney must prove that:
- The defendant had a duty of care towards you
- The defendant failed in this duty due to recklessness or negligence
- You were injured as a result
- Your injury resulted in damages
Insurance Adjuster: The insurance adjuster represents the interests of the company holding the defendant’s insurance policy. They are looking for any possible way to deny or reduce your claim for compensation. They will investigate the evidence in your case, including your medical records and any accident reports. Ideally, your attorney will be able to convince them to offer a fair settlement so you can receive the compensation you deserve without having to go to court.
Medical Experts: In order to establish the cause, nature, and severity of your injury, you will obviously have to go to the doctor. In addition to reviewing the records made by your own doctor, the insurance company may request that you visit a doctor of their choice for a second opinion. If the case ends up going to court, both doctors may be called as expert witnesses.
Defense Attorney: Typically, the insurance company will only hire an attorney if settlement negotiations fail and the case begins to proceed towards trial.
