Who Are the Plaintiffs & Defendants in Personal Injury Cases?
If you’re injured in a New Jersey accident caused by someone else, you’re likely entitled to compensation for your losses. Many personal injury cases can be resolved out of court. However, accident victims who don’t get a fair settlement out of court are forced to file a personal injury lawsuit.
The primary parties in a New Jersey personal injury case are the plaintiff and the defendant. To help you understand the role of each party, here’s an introduction to plaintiffs and defendants in New Jersey personal injury cases.
Who Is the Plaintiff in a Personal Injury Case?
The plaintiff is the party who initiates the lawsuit. In personal injury cases, such as one based on a car accident or medical malpractice, this is the accident victim, injured party, or family member of an injured party.
Plaintiffs begin a lawsuit by filing a complaint. Most personal injury cases begin with the injured party filing a claim with the at-fault party’s insurance company. If the parties are unable to reach a settlement, the injured party then initiates a personal injury lawsuit by filing a complaint in a New Jersey court.
Who Is the Defendant in a Personal Injury Case?
The person being sued in a personal injury case is the defendant. This is the person who the injured party alleges caused their injury.
When a plaintiff files a complaint, the defendant is served with a copy of the complaint and a summons. Common examples of defendants in personal injury cases include:
- Drivers
- Trucking companies
- Cyclists
- Property owners
- Business owners
- Dog owners
- Government agencies
- Product designers and manufacturers
- Doctors, nurses, and medical facilities
Almost any person or entity can be held liable under state law.
What Are the Procedural Steps in Personal Injury Cases?
The timeline for personal injury cases varies significantly based on the facts of each case. The type of case being filed, the number of parties, and the type of injuries all impact how long a case takes.
That said, there are some general stages that most cases share. Here’s an overview of the steps involved in personal injury cases:
- The plaintiff files a complaint that is served on the defendant.
- The defendant answers the complaint and has an opportunity to make any counter-claims.
- The parties engage in discovery, where each side shares and gathers evidence.
- At the end of the discovery period, it’s common for parties to engage in settlement negotiations. The parties often reach a settlement at this stage in a case.
- If the parties cannot reach a settlement, the case will go to trial.
- A jury will hear the arguments from both sides and will reach a verdict.
- If either party has legal grounds to challenge the verdict, they may appeal the decision. The appeals process can take years to resolve.
Personal injury cases can take anywhere from a few months to a few years to resolve. In New Jersey, the statute of limitations for personal injury cases is two years. This means that accident victims must file their personal injury lawsuit within two years of their accident or injury. There are exceptions, but only in rare situations.
Contact a Personal Injury Lawyer for a Free Case Assessment
If you’ve been injured in a New Jersey accident, a Freehold personal injury lawyer can help you recover compensation for your losses. Schedule a free consultation to discuss your case. In this initial consultation, your lawyer will analyze your case, discuss your rights, and create a personalized strategy for recovery.
Contact the New Jersey Personal Injury Lawyers of Noonan & McMahon, LLC for Help Today
Noonan & McMahon, LLC – Freehold Office
35 Court St 1A, Freehold, NJ 07728
(732) 515 3996