During a personal injury lawsuit, there are multiple parties that will become involved in the process. Some of these parties may never go to court, especially if settlement negotiations are successful before the scheduled court date.
After an injury, it is important that you understand the legal processes available to you, but also that you understand each party involved in the lawsuit process. By knowing these parties, you may better understand the timeline at which you are looking and what goes into the personal injury lawsuit process.
Identifying the Major Parties involved in a Personal Injury Lawsuit
- Plaintiff: The plaintiff is the party that was injured by the negligent acts of another party. Sometimes, there are multiple plaintiffs, while other cases involve only one. The plaintiff is the one who initiates the claims process.
- Personal Injury Attorney: The plaintiff hires the personal injury attorney to represent him or her during the personal injury claim and personal injury lawsuit (two separate processes). The attorney helps gather evidence, negotiate, and represent the plaintiff’s claim in court.
- Defendant: This is the at-fault party that is being sued for damages in a personal injury lawsuit. They are often represented by their own defense attorney. There may be multiple defendants, and sometimes the defense consists of a private party, insurance company, etc.
- Medical Professionals: Doctors and other medical professionals play a heavy role in the claims and lawsuit processes because they are what determines the extent of a person’s injuries, the treatments required, and the overall prognosis. A medical professional may be called to testify for both sides during a personal injury lawsuit trial.
- The Judge: The judge is the individual who oversees the lawsuit, if the case were to transfer to a lawsuit. Judges will ensure that the lawsuit is done in accordance with the law and all personal injury procedures. They may also issue a ruling if the case is not a jury trial.
- Law Enforcement: Law enforcement may be the first party at the scene of the accident if it was a motorcycle, pedestrian, or motor vehicle collision. They will issue an official report and may be called to testify.
- Expert Witnesses: These individuals are there to provide their testimony and industry insight during a personal injury lawsuit. They may present evidence proving the plaintiff or defense sides’ cases. Each side will typically call on their own expert witnesses to help substantiate evidence collected.
- Eyewitnesses: These are private parties that do not have any direct interaction with either side, but instead they witnessed the event that led to the plaintiff’s injuries. The eyewitness statements may be used during depositions, as well as in a personal injury lawsuit trial.
- Insurance Claims Adjuster: The claims adjuster is the first party with which a plaintiff will deal during the process. The adjuster will assess the level of damage, the evidence against the insured, and will determine if a settlement is worthy.
Call the Most Important Party Today: Your Personal Injury Attorney
After an injury, you need to speak to a personal injury advocate – someone who can represent your injuries in court and ensure that you receive the settlement value you deserve. B. Clarke Nash is here to help. Schedule a free consultation with The Law Offices of B. Clarke Nash, P.C. today by calling 912-200-5292 or request your consultation online.