What Is A Defendant In A Texas Personal Injury Case?
A Defendant is the person or entity being sued by the plaintiff. Stated differently, the Defendant is any party that has to defend against the causes of action asserted by the Plaintiff in a civil lawsuit. The defendant’s role is to respond to the lawsuit by offering evidence or arguments to support their position of being innocence, or having a decreased percentage of fault. If the defendant is found to be at fault, they may be required to compensate the plaintiff for their economic and non-economic damages proximately caused by their unsafe actions.
The person accused can defend themselves by showing that they weren’t negligent or that the plaintiff’s injury was caused by something else. If the defendant loses the case, they could be ordered to pay damages to the plaintiff as compensation for their injuries.
Who Is the Defendant?
The defendant is the individual or organization that is being sued for negligence in a legal case. In personal injury cases, they are accused of causing harm or injury to the plaintiff. In a personal injury lawsuit, the defendant is the party the plaintiff claims is responsible for their injury.
Through their legal representation, defendants must address the plaintiff’s claims by presenting evidence and arguments to contest the accusations, which may include documents, video footage, witness statements, or their own testimony.
Defendants may also engage in settlement discussions to potentially resolve the lawsuit without a trial. Should negotiations fail to satisfy the plaintiff’s claim for injuries or losses, the matter may proceed to trial, where the defendant will present their case before a judge or jury. If the court decides they’re responsible, the defendant may have to pay for things like medical bills or lost wages.
Common Types of Defendants in Personal Injury Cases
Most personal injury cases will involve defendant(s) from the following categories:
Individuals
One of the most common types of defendants in personal injury cases is an individual. Often seen in vehicle accident claims, in which the driver of the offending automobile must answer for accusations of carelessness related to speeding or distracted driving. Pet owners may be sued over dog bite attacks, and homeowners may be named as defendants if they failed to clear a hazard on their property which lead to someone's injury. Each individual must formally respond to the lawsuit, preferably through an attorney, or they may be found liable by default.
Businesses and Corporations
Corporations and businesses are frequently named as defendants in injury cases when their employees, products, or properties cause harm. A common example is when an injured person sues a business after tripping over an obstruction in the store or on the premises. Likewise, a restaurant might be sued if a customer is injured due to unsafe conditions, like a broken chair. A manufacturer can be named as a defendant if their product malfunctions and causes injury. These businesses may be held liable for not taking proper precautions to prevent harm or for selling defective products.
Government Entities
A government entity may be named as a defendant in cases where the harm occurs on publicly managed property, or is instigated by a government employee during the performance of their job. This could range from harms caused by broken street lamps, auto accidents involving city buses, or slip and fall injuries in municipal buildings. Many states have laws guarding their employees from certain legal responsibility, so a high standard of evidence is needed in order to successfully sue.
Manufacturers and Distributors
Manufacturers and distributors may be defendants in personal injury cases if their products cause harm to customers or consumers. If a product has an inherent design flaw, or if it is improperly sold for use such a helmet that is meant for decorative purposes and not safety protection, this may lead to a viable lawsuit for a defective product. For example, if someone gets hurt because their vape battery explodes, the company that made or sold it could be held liable. These companies have a responsibility to ensure that their products are safe for consumers to use, and if they fail in that duty, they can be named as defendants and held liable for damages.
Legal Obligations of the Defendant
During a legal proceeding, a defendant’s obligations will be scrutinized, including:
Duty of Care Owed to the Plaintiff
The duty of care owed to a plaintiff is basically the responsibility the defendant has to make sure they don’t harm others. In personal injury cases, this means that the person being sued has to act carefully and take reasonable steps to avoid causing harm. If the defendant doesn’t live up to this duty and it leads to someone being injured, they could be held liable for the damages.
Potential Breaches Leading to Liability
When a defendant fails to meet their duty of care, they may be held liable for the costs of the harms suffered by the plaintiff. The specific duty depends on the situation. A driver’s duty is to drive responsibly. A business owner’s duty is to make sure their store is safe for customers. If a property owner ignores a broken stair and someone trips and gets hurt, the owner’s failure to fix the hazard could make them liable. When defendants act carelessly or don’t take steps to prevent harm, they can be held responsible for any injuries that occur because of their negligence.
Defendant's Rights in a Personal Injury Lawsuit
The law protects all those accused of wrongdoing to respond to the claims against them via:
Right to Legal Representation
Defendants in personal injury cases have the right to hire a lawyer to act on their behalf and build a strong defense case. Hiring an attorney allows the defendant to understand the complexities of the law, gather evidence, and construct a defense strategy. In cases involving insurance claims, the defendant’s insurance company may appoint an attorney to defend them as part of the coverage agreement. Legal representation helps ensure that the rights of defendants are fully protected, and that they receive fair treatment throughout the legal process.
Right to Respond to the Complaint
The defendant has the right to formally respond to or “answer” personal injury complaints. The defendant's options are to either admit to circumstance presented by the claim and assume responsibility, or deny the plaintiff's allegations, and present any counter-evidence they have to the accusations. Officially responding to the complaint is the first step in the legal process, and should be done in consultation with an attorney.
Right to Present Evidence and Witnesses
In order to dispute responsibility, the defendant has the right to present evidence backing up their version of events, including items like video footage of the premises, or expert opinions from qualified authorities. For example, in a car accident case, the defendant might have dashcam footage that demonstrates they weren’t at fault. Their legal team may also bring in medical experts who can argue that the plaintiff’s injuries aren’t as severe as claimed. This helps the defendant back up their defense and challenge the plaintiff’s version of events.
Common Defenses Employed by Defendants
Common strategies for defense in personal injury cases include:
Denial of Negligence or Fault
A common defense in personal injury cases is when the defendant denies being at fault or acting negligently. In this defense, the defendant argues that they didn’t do anything wrong, and therefore, they shouldn’t be held responsible for what happened. For example, in a car accident case, the defendant might claim they were driving safely and the accident was caused by something like poor road conditions or another driver’s actions. Denying fault is a way for the defendant to say that the plaintiff hasn’t proved their case and shouldn’t win the lawsuit.
Claiming Contributory or Comparative Negligence
In some cases, defendants argue that the plaintiff is at least partly to blame for their own injuries, which is called contributory or comparative negligence. In Texas, the law says if the plaintiff is found to be more than 50% responsible for the accident, they won’t be able to get any damages. For instance, if a pedestrian crosses the road where they shouldn’t, the defendant might say that the pedestrian’s own actions caused the accident. If the judge agrees, the defendant could either have their liability reduced or removed altogether.
Asserting Assumption of Risk by the Plaintiff
The assumption of risk defense is when the defendant argues that the plaintiff knew they were taking on a risk and, by participating, accepted the chance of getting hurt. If the defendant can prove that the plaintiff was aware of these risks and chose to take them on anyway, they might not be held responsible for the injury.
Challenging the Extent of the Plaintiff's Injuries
Defendants sometimes argue that the plaintiff’s injuries aren’t as serious as they claim or that they have nothing to do with the incident. For example, if someone says they hurt their back in a car accident, the defendant might say the pain was caused by an old injury, not the crash. The goal of this defense is to reduce or eliminate the amount of damages the defendant has to pay.
The Defendant's Role During the Trial Process
A defendant in a personal injury trial may be required to participate in the following ways:
Participation in Discovery
Discovery is when both sides of a legal claim have an exchange of information going over the evidence that could be used at trial. This procedure helps the defendant collect information to help with their defense and get a better understanding of the plaintiff’s claims. For example, in a slip-and-fall case, the defendant may ask for the plaintiff’s medical records to see how serious the injuries actually are.
Engagement in Settlement Negotiations
Most personal injury cases don’t make it to trial because they are settled beforehand. Defendants often get involved in these settlement discussions to avoid the time and expense of a trial. During these talks, both sides try to agree on a compensation amount, with the defendant often trying to find a fair deal that can lower legal costs. As an example, a business may offer a settlement to someone who was injured on their premises to avoid any damage to their reputation. Settlement negotiations help the defendant have a say in the outcome and sidestep the unpredictability of going to trial.
Representation During Court Proceedings
If the case goes to trial, the defendant's attorney will argue the case, cross-examine witnesses, and provide evidence to counter the plaintiff’s accusations. Throughout the trial, the plaintiff’s claims will be disputed in order to fight for a favorable outcome. In cases where the stakes are high, the defendant's behavior can influence how the judge or jury perceives them, which can affect the trial's results significantly.
Potential Outcomes for the Defendant
The potential outcomes of personal injury cases for defendants include:
Settlement Agreements
One potential outcome for defendants in personal injury cases is a settlement agreement. Settlements can be relatively beneficial because they allow both sides to avoid the uncertainty of a trial and avoid a lengthy legal process. For defendants, that means agreeing to pay a negotiated amount to the plaintiff, which may include financial compensation for losses like medical bills, lost wages, and pain and suffering. Part of a settlement agreement may be a request that the details stay confidential, helping defendant individuals or businesses to avoid reputational damage or bad publicity.
Court Judgments and Potential Appeals
If a personal injury case goes to trial and the defendant loses, they may have to pay the damages decided by the court. In Texas, this could include things like medical bills, pain and suffering, and sometimes even additional punitive damages if the defendant’s actions were really harmful. In some cases, punitive damages are added if the defendant’s behavior was especially harmful. If the defendant doesn’t agree with the decision, they can file an appeal. However, appealing doesn’t always result in a different judgment, and it could make the legal process drag on even longer.
Financial Implications and Insurance Considerations
Being a defendant in a personal injury case can have serious financial consequences. If they lose, they may have to pay for damages out of pocket, as well as legal fees. Even if the insurance does cover some of the damages, the defendant could still see an increase in their premiums, which can add up over time. If the damages exceed the insurance policy’s limit, the defendant could be required to pay the difference out of pocket. For individuals or small businesses, this can be a huge financial strain, especially if the case drags on or the damages are significant.
Conclusion From the Injury Team at Sneed & Mitchell
The defendant in a personal injury case is tasked with understanding a variety of legal rights and duties, as well as how to defend against the accusations. They need to respond to the plaintiff’s complaint and manage everything that happens in court. By preparing strong defenses and understanding their legal options, defendants can reduce their chances of facing huge liability or maybe even win the case.
From the initial complaint to the court proceedings, the defendant must stay engaged to protect their interests. If you’re facing a case like this, it’s smart to get in touch with an experienced attorney to make sure your rights are properly defended.
If you are in need of representation, reach out to the injury attorneys at Sneed & Mitchell LLP online or by calling (866) 434-0014 as soon as possible to ensure your rights are fully protected.