Being named as a defendant in a personal injury lawsuit can feel overwhelming—especially if you didn’t expect it. In short, a defendant is the person being blamed for someone else’s injury, whether from a car crash, a slip and fall, or another accident.
However, being sued doesn’t mean you’re automatically at fault. You have rights, time to respond, and the chance to defend yourself. This article explains what it means to be a defendant, what to expect in the legal process, and how to protect your interests along the way.
What Is a Defendant in a Personal Injury Case?
In a personal injury case, the defendant is the individual, business, or entity that is alleged to have caused harm through negligence or intentional misconduct.
Here are some examples:
- In a car accident case, the defendant may be the at-fault driver.
- In a slip-and-fall case, the defendant may be the property owner or manager.
- In a medical malpractice case, the defendant could be a doctor or a hospital.
The defendant is the party against whom the plaintiff (the injured person) brings the lawsuit. Their responsibility – and their potential financial exposure – depends on whether the plaintiff can prove they are legally at fault.
Differences Between the Defendant and the Defendant’s Insurance Company
One of the most confusing aspects of a personal injury case is understanding how the defendant and their insurance company fit into the picture.
When someone causes an accident, they may personally be the “defendant,” but in most cases, it’s their insurance company that actually handles the defense. The insurance company typically pays any settlement or judgment, as long as it falls within the policy limits.
Here’s how it typically works in Illinois:
- The defendant’s insurance carrier assigns a defense attorney to represent them.
- That attorney communicates with your lawyer and negotiates on the insurance company’s behalf.
- Should your case proceed to trial, the insurance company typically covers legal fees. If you prevail, they will also pay the verdict amount, up to the policy limits.
In short, while the defendant is the person legally named in the lawsuit, it’s often their insurance company pulling the strings behind the scenes. The insurer will typically determine how much to offer, when to settle, and whether to proceed to trial.
What Happens When Multiple Defendants Are Liable?
Many Illinois personal injury cases involve multiple defendants. Multiple parties can share responsibility for the same accident or injury.
Here are some examples:
- In a multi-car collision, several drivers may have contributed to the crash.
- In a trucking accident, both the driver and the trucking company could share liability.
- In a construction accident, all parties involved, including the general contractor, subcontractor, and equipment manufacturer, may share some degree of fault.
Under Illinois law, when multiple defendants are responsible, each may be held jointly and severally liable for damages. This means that each defendant can be held responsible for the entire amount of the judgment, even if their individual share of fault was smaller.
How Comparative Fault Works in Illinois Personal Injury Cases
Illinois uses a modified comparative negligence system that impacts both plaintiffs and defendants. Under this rule, a plaintiff cannot recover damages if they are found to be more than 50% responsible for the accident. However, if they are 50% or less at fault, their compensation is reduced by the same percentage as their share of responsibility.
What You Must Prove to Hold a Defendant Accountable in Illinois
Most personal injury cases are based on the principle of negligence. In Illinois, this requires proving four key elements:
- Duty of Care: You must show that the defendant owed you a legal duty to act with reasonable care.
- Breach of Duty: You must show that the defendant failed to uphold that duty.
- Causation: You must prove that the defendant’s actions (or inaction) directly caused your injuries.
- Damages: You must show that you suffered actual losses as a result, such as medical bills, lost income, or pain and suffering.
Each element requires evidence. This documentation can include accident reports, medical records, photographs, expert testimony, and eyewitness statements. The stronger your evidence, the harder it is for the defense to dispute your claim.
An experienced personal injury lawyer can help you gather the necessary evidence, build a strong case, and navigate the complex legal process.
Contact Powell and Pisman Injury Lawyers Today for a Free Consultation With a Chicago Personal Injury Lawyer
In personal injury law, the defendant is the party accused of causing your injuries. Understanding who the defendant is, how liability works when multiple parties are involved, and what you must prove to establish fault is essential.
At Powell and Pisman Injury Lawyers, we’ve built our reputation on holding negligent defendants accountable. Contact us today at (312) 635-5400 to arrange a free consultation with a Chicago personal injury lawyer.