What Does “Party” Mean in a Personal Injury Case?

When discussing personal injury cases, the term “party” is often used to describe the people or groups involved in the legal action. In the legal profession, a party can be any person, family, business, or entity directly connected to a lawsuit. This broad term helps lawyers refer to all those involved without specifying their individual roles.

For example, a lawsuit could include any of the following parties:

• An individual who was wronged, or who wronged another person
• A family filing on behalf of a loved one who was harmed or even killed
• A business that caused or suffered harm
• An insurance company representing a person or business
• A government entity, such as a city, county, or state office

Because the types of parties involved in legal cases vary so widely, the term “party” is used to simplify discussions. In personal injury law, the party filing the lawsuit is the plaintiff, while the party being sued is referred to as the defendant.

When Are Individuals Parties to a Personal Injury Case?

In most personal injury cases, the plaintiff is an individual or their family. This means that the claim is typically filed because someone has suffered harm due to negligence, recklessness, or wrongdoing. Common examples include:

• Car accidents, where one or more individuals sustain injuries
• Defective product cases, such as when a medical device harms a patient

In some cases, multiple individuals harmed in the same way can join together to file a class action lawsuit. This is common in product liability cases where a defective product injures many customers. Class action lawsuits benefit victims by pooling resources, sharing legal costs, and ensuring one consistent ruling applies to all involved.

When Are Businesses or Government Entities Parties to a Personal Injury Case?

Businesses are frequently defendants in personal injury cases, not because they are inherently negligent, but because they face more risks than individuals. For example:

• A business may have hundreds or thousands of visitors on its property daily, increasing the likelihood of accidents compared to a private residence.
• Businesses often produce goods or provide services that reach large audiences, exposing them to potential liability if something goes wrong.
• Companies are held accountable for the actions of their employees, unlike individuals who are only responsible for their own behavior.

One common type of lawsuit involving businesses is premises liability. For example, if someone slips on a freshly mopped floor in a store and there was no wet floor sign, the business could be held liable for the resulting injuries.

Government entities can also be sued in personal injury cases, often for reasons similar to those involving businesses. For instance, if you are injured in a poorly maintained city park, you might have grounds to file a claim against the city. However, it’s important to note that special rules and shorter deadlines often apply when filing claims against government entities.

Who Pays in a Personal Injury Case?

In most personal injury cases, the defendant—whether an individual, business, or government entity—does not pay out of pocket for damages. Instead, their insurance company handles the claim. This process helps ensure that compensation is available for the injured party and makes the lawsuit less personal for all involved.

Have You Been Injured? Contact Bert McDowell Injury Law Today!

If you or a loved one has been injured due to someone else’s negligence, you deserve a skilled and compassionate legal team to fight for your rights. At Bert McDowell Injury Law, we specialize in personal injury cases across Connecticut and have a proven track record of helping clients secure the compensation they deserve.

Call us today at 475-231-3274 for a free consultation. Let us review your case, explain your options, and guide you every step of the way. Don’t wait—contact us now and take the first step toward justice.