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Who are the Plaintiffs and Defendants in a Brooklyn Personal Injury Case?

Posted in Personal Injury on March 17, 2022

Who are the Plaintiffs and Defendants in a Brooklyn Personal Injury Case?

The plaintiffs and defendants in a Brooklyn personal injury case are the parties to the legal action. They represent the two sides of the personal injury lawsuit.

The plaintiff is the injured victim in a civil lawsuit for personal injury. The plaintiff files the lawsuit alleging that the defendant caused the plaintiff to sustain injuries and damages. Therefore, the plaintiff asserts that the defendant should be held financially liable for their actions.

The defendant is the party being sued in a personal injury lawsuit. The defendant is the alleged at-fault party. If the jury finds that the defendant was negligent and that negligence caused the plaintiff’s injuries, they may rule in favor of the plaintiff.

Who Are Common Plaintiffs and Defendants in Personal Injury Cases?

The plaintiff is always the injured victim. The defendant is the at-fault party who has allegedly caused the plaintiff’s injuries. 

Examples of the plaintiff-defendant relationship in personal injury cases include but are not limited to:

  • A driver, pedestrian, or bicyclist may be the injured victim or the defendant in an accident.
  • Trucking companies, shippers, loaders, maintenance companies, and other parties may be defendants in a trucking accident case brought by an injured motorist.
  • A doctor, hospital, dentist, pharmacist, or other healthcare providers may be a defendant in a medical malpractice claim brought by a patient. 
  • A commercial, private, or government property owner may be a defendant in a slip and fall accident or other premises liability claim brought by an injured guest.
  • Designers, manufacturers, distributors, and sellers may be named defendants in a defective product liability claim brought by a consumer.
  • Contractors, product manufacturers, and other third parties may be defendants in a construction accident case brought by an injured worker. 

A jury verdict in favor of the plaintiff means that the defendant is legally liable for the plaintiff’s damages. However, most personal injury cases do not go to court. The parties usually resolve the dispute through settlement negotiations before the plaintiff files a lawsuit or before the case goes to trial.

Negotiating a Settlement for a Brooklyn Personal Injury Case

If you were injured and enlist the services of a lawyer, your personal injury attorney begins by investigating your injury claim and filing insurance claims, if applicable. After you complete medical treatment, the attorney calculates the value of your damages. They prepare a settlement demand letter to send to the insurance company or at-fault party.

The settlement demand letter discusses the facts of your case and the applicable laws that hold the at-fault party financially responsible for your damages. The letter also includes a description of your injuries and damages.

The insurance company reviews the settlement demand. It may deny or accept the settlement demand. However, most insurance companies return a counteroffer. Your lawyer and the insurance company proceed with back-and-forth negotiations until they agree on a settlement amount.

During settlement negotiations, your attorney monitors the New York statute of limitations for personal injury cases. The statute of limitations is a deadline for filing lawsuits. If the other parties refuse to negotiate a settlement, your personal injury lawyer may suggest moving forward with a lawsuit. 

What Are the Steps in a Personal Injury Lawsuit in New York?

A civil lawsuit begins with the filing of a summons and complaint by the plaintiff. The plaintiff must serve a copy of the summons and complaint to the defendant, and the defendant has a limited number of days to answer or respond. 

After the parties file the initial pleadings, the court case moves through several phases, including:

  • Discovery – During discovery, both sides obtain additional information and evidence to support their case.
  • Pretrial conferences – The court may hold one or more pretrial conferences in a case. The judge talks to the parties to determine the progress in the case and whether a settlement is possible.
  • Settlement negotiations – The parties attempt to settle the lawsuit before trial through negotiations. The parties may agree to mediation or arbitration to avoid trial in some cases.
  • Pretrial motions – Both parties may file one or more pretrial motions to resolve issues before trial. The motions may deal with the admissibility of evidence, expert witnesses, and other matters of law.
  • Trial – At the trial, the plaintiff and defendant argue their case. The jury members deliberate and return a verdict for the plaintiff or the defendant.

If either party is unhappy with the jury verdict, they may appeal. However, it could take years for an appeal to work through the courts. For that reason, the parties may agree to settle the dispute to end the court battles.

Every personal injury lawsuit is unique. The timeline for a personal injury case depends on the factors involved in the case. 

However, most lawsuits are time-consuming and costly. Settling a personal injury claim can save you time and money. However, some cases cannot be resolved through settlement. 

Should You File a Personal Injury Lawsuit in Brooklyn, New York?

Personal injury claims arise from many different situations. Car accidents and slip, trip, and fall injuries are some of the most common types of personal injury claims. In addition, medical malpractice, wrongful death, and defective product claims are common injury cases.

Are you unsure whether you have a personal injury case? If so, you may want to seek advice from a Brooklyn personal injury lawyer. Most accident attorneys offer free consultations, so getting legal advice regarding an injury claim does not cost you anything.

Contact Our Personal Injury Law Firm in Brooklyn, NY

If you need legal assistance, contact the Brooklyn personal injury lawyers at Law Offices of Jay S. Knispel Personal Injury Lawyers at your nearest location to schedule a free consultation.

We have two convenient locations in New York:

Law Offices of Jay S. Knispel Personal Injury Lawyers – New York City Office
450 7th Ave #409
New York, NY 10123
(212) 564-2800

Law Offices of Jay S. Knispel Personal Injury Lawyers – Brooklyn Office
26 Court St Suite 2511
Brooklyn, NY 11242
(718) 802-1600