What Are the Roles in a Personal Injury Case?

In the legal world, a personal injury case involves two primary parties: the plaintiff and the defendant.

• The Plaintiff: This is the individual who was injured and is seeking compensation for their damages.
• The Defendant: This is the party deemed responsible for the injury. Often, the defendant is represented by an insurance company rather than a specific individual.

For example:

• In a car accident case, the defendant is typically the insurance company that covers the at-fault driver.
• In a dog bite case, the defendant is often the dog owner’s homeowners insurance provider.
• In a premises liability case, it’s usually the insurance company of the business or property owner.
• In a faulty medical device case, the defendant could be the corporation that manufactured the device or their insurance company.

This is an important distinction because it means that if you have a valid claim, you are not going after an individual’s personal finances. Instead, claims are almost always paid out through insurance policies.

When Is the Defendant an Individual?

While most personal injury cases involve insurance companies as the defendant, there are rare instances where the defendant might be an individual. This can happen in situations such as:

• An uninsured motorist accident, when the at-fault driver does not carry the required insurance coverage in Connecticut.

In such cases, your personal injury lawyer may pursue compensation from the individual directly, potentially through their personal assets. However, a skilled attorney can often identify alternative sources of recovery, such as underinsured or uninsured motorist coverage on your own insurance policy.

What Does the Defendant Need to Prove?

In a personal injury case, the burden of proof lies with the plaintiff—the injured party. This means you must provide evidence to demonstrate that:

• The defendant was responsible for the accident or injury.
• The extent of your damages, including medical expenses, lost income, and pain and suffering.

Although the defendant does not have to prove anything, they will often use various tactics to dispute your claim. Common strategies include:

• Arguing that the accident was your fault.
• Claiming that you had a pre-existing injury.
• Asserting that you failed to seek medical attention or follow treatment, which worsened your condition.
• Accusing you of exaggerating the severity of your injury.
• Contesting the amount of compensation you’re requesting as unreasonable.
• Denying any negligence or wrongdoing on their part.

These tactics can be challenging and emotionally draining to face on your own, which is why having an experienced personal injury lawyer is crucial to protecting your rights and building a strong case.

Why Choose Bert McDowell Injury Law?

If you’ve been injured in Connecticut due to someone else’s negligence, you deserve legal representation that understands the nuances of the state’s legal system, including the potential for a jury trial. At Bert McDowell Injury Law, we focus exclusively on personal injury cases and are committed to fighting for the compensation you deserve. Our attorneys understand how to navigate the complexities of Connecticut’s legal system, and we have the experience needed to advocate for you effectively in front of a jury or a judge.

We know that dealing with injuries can be overwhelming, both physically and emotionally. That’s why we offer a free consultation to discuss your case and provide guidance on your next steps. Whether your case is resolved through a settlement or proceeds to a jury trial, we are here to support you every step of the way.

Contact Bert McDowell Injury Law Today

If you’ve been injured in a car accident, slip and fall, workplace incident, or any other type of accident caused by negligence, don’t wait to seek legal help. Bert McDowell Injury Law is here to fight for your rights and ensure you receive the compensation you deserve. Call us today at 475-231-3274 to schedule your free consultation. You can also fill out our contact form to get started.

We take pride in serving clients across Connecticut and ensuring that their voices are heard in both settlement negotiations and in the courtroom. Let us put our experience and dedication to work for you.