Who are the Plaintiffs and Defendants in Personal Injury Cases?

David Muñoz | November 22, 2024 | Personal Injury

Who are the Plaintiffs and Defendants in Personal Injury Cases?

As a general statement, a personal injury case arises when one party’s misconduct injures someone. To put it simply, in a personal injury case, the plaintiff is the party filing the lawsuit, and the defendant is the party from whom the plaintiff is demanding money. It’s never that simple in personal injury law, however. If you’re a plaintiff in a personal injury case, it’s essential to grasp the many nuances involved.

The Plaintiff’s Role

The plaintiff is normally the victim of the personal injury in question. In any personal injury case, however, they are the initiator because they are the party that must file the lawsuit. Below is a list of some of the activities that plaintiffs perform.

Filing the Lawsuit

“Filing a lawsuit” means preparing a formal written complaint and submitting it to the court clerk along with the appropriate filing fee. The filing fee is typically a few hundred dollars, but it might be more. The plaintiff must then use a neutral third party to deliver the court papers (the complaint and the summons) to the defendant. 

The plaintiff must complete all of these matters before the statute of limitations deadline. In California, the statute of limitations deadline is usually two years after the date of the injury.

Meeting the Burden of Proof

In a personal injury case, the plaintiff carries the burden of proof, except when the defendant asserts an affirmative defense—in which case the burden shifts to the defendant to substantiate their claim. To succeed, the plaintiff must demonstrate that their account of events is more likely than not to be true, meeting a standard of at least a 51% likelihood.

Survivors and Executors

Once an injury victim dies from their injuries, they cannot initiate or maintain a personal injury lawsuit. However, California law permits specific surviving family members to pursue a wrongful death claim. Additionally, the state allows for a survival action, where the executor of the deceased victim’s estate serves as the plaintiff. If the victim had a will, it should designate an executor, typically a close relative.

The Defendant’s Role

After you serve papers on the defendant, they must file a formal answer with the court. After that, the defendant’s main job is to prevent the plaintiff from proving their case by using their own evidence. 

Preventing the Plaintiff from Meeting their Burden of Proof

For example, suppose the plaintiff files a negligence claim against the defendant. The plaintiff must prove:

  • The defendant owed them a duty of care;
  • The defendant failed to meet the demands of their duty of care;
  •  The defendant caused the plaintiff’s injuries; and 
  • The defendant’s injuries resulted in damages (medical bills, pain and suffering, etc.).

In a negligence case, the defendant is not required to disprove the elements of the plaintiff’s claim actively. Instead, their primary goal is to challenge the plaintiff’s ability to meet their burden of proof on each required element (duty, breach, causation, and damages). If the plaintiff fails to provide sufficient evidence to establish even one element, the defendant can prevail without necessarily disproving anything.

The Defendant is Not Always the At-Fault Party

In some cases, California allows you to sue someone who was not at fault (or at least not proven to be at fault) for your injuries. Examples include:

  • Employers, when their employee caused an injury through work-related misconduct.
  • Manufacturers of defective products (product liability claims against corporate defendants, for example).
  • The parent of a child who commits misconduct (under certain conditions)

California personal injury law includes many other examples of defendants who bear liability with no proof of their own misconduct.

Affirmative Defenses

Even if the plaintiff successfully proves every element of their claim, the defendant can still prevail by presenting a valid affirmative defense. Three of the most common affirmative defenses include:

  • Failure to meet the statute of limitations for filing a lawsuit.
  • Contributory fault, which may reduce the plaintiff’s recovery if they are found partially responsible for their own injuries.
  • Governmental immunity is applicable in certain cases involving government entities as defendants.

In addition to these, there are numerous other potential affirmative defenses, and the list continues to expand as California courts recognize new ones over time.

Have you suffered an injury due to someone else’s misconduct? If you have, then you might have a personal injury claim that’s worth a significant sum of money. Mission Personal Injury Lawyers serves the San Diego metro area. We offer free case consultations, and our services are free of charge unless we win!

Contact the Personal Injury Law Firm of Mission Personal Injury Lawyers Today To Get More Information

If you’ve been injured in San Diego or Chula Vista, please call Mission Personal Injury Lawyers for a free case evaluation with a personal injury lawyer or contact us online.

We proudly serve San Diego County and throughout California.

Mission Personal Injury Lawyers – San Diego Office
2515 Camino del Rio S Suite 350, San Diego, CA 92108
(619) 777-5555

Mission Personal Injury Lawyers – Chula Vista Office
690 Otay Lakes Rd #130, Chula Vista, CA 91910
(619) 722-3032

We also serve the state of Texas. For legal assistance, contact our personal injury law office in El Paso today.

Mission Personal Injury Lawyers – El Paso Office
201 E Main Suite 106, El Paso, Texas 79901
(915) 591-1000