Defendant

A defendant is a party to a lawsuit or legal action. In a criminal case, the defendant is the person being accused of a crime. The government is the party filing the action.

In a personal injury lawsuit, the defendant is the party being sued. The plaintiff (i.e., the injured party) alleges that the defendant caused them injury or harm. Most personal injury cases are resolved through settlements before or after a lawsuit is filed. However, a small percentage of cases go to trial. If you need help, contact our personal injury lawyers.

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Who Can Be Defendants in a Personal Injury Lawsuit Filed in Georgia?

Any party who contributed to the cause of the plaintiff’s injuries can be named a defendant in a personal injury lawsuit. You may have one or more parties named as defendants in a lawsuit. Defendants can include individuals, companies, government agencies, and other legal entities.

Personal injury lawsuits are filed for many reasons. Accidents and situations that could lead to a personal injury claim include, but are not limited to:

Car accidents
Medical malpractice
Slip and fall accidents
Product liability (defective products)
Motorcycle accidents
Premises liability claims
Commercial truck accidents
Dog bites and animal attacks
Pedestrian and bicycle accidents
Nursing home abuse
Wrongful death

If the party has liability insurance coverage that applies to the claim, the insurance company hires an attorney to defend the lawsuit. However, a defendant can retain independent counsel if they choose to represent them, but the defendant must pay the cost for independent counsel.

What Is the Process of Filing a Personal Injury Lawsuit in Georgia?

Personal injury lawsuits are filed in civil court. The plaintiff files a complaint with the court before serving a copy of the complaint and summons to each defendant. The defendant has 30 days to respond to the complaint, but the court can extend that time.

Answers or other responsive pleadings must be filed with the court and served on the plaintiff’s attorney. Answers filed after the deadline might not be recognized by the court.

Each lawsuit is different, but most lawsuits go through the same process after filing:

Filing the summons and complaint
Filing responsive pleadings
Discovery
Mediation and/or settlement negotiations
Pre-trial hearings and motions
Status conference
Jury selection
Trial
Jury deliberations and verdict

Either party can appeal the jury’s decision in a civil case, but they must have grounds for the appeal to be heard by a higher court. Even though you receive a judgment in a personal injury lawsuit, you may need to fight to collect the money from the defendant. An experienced Georgia personal injury lawyer discusses the risks and benefits of filing a lawsuit versus accepting a settlement, given the facts and circumstances of your case.

What Does the Plaintiff Need to Prove to Win a Personal Injury Lawsuit in Georgia?

The plaintiff has the burden of proof in a lawsuit. They must prove the legal elements to establish causation, fault, and damages to establish liability.

Generally, a plaintiff must prove:

The party being accused of hurting the plaintiff had a legal duty of care
The party breached the legal duty of care owed to the plaintiff through their actions or omissions
The breach of duty by the defendant was the proximate and direct cause of the plaintiff’s injuries
The plaintiff suffered physical, emotional, and financial harm

Most personal injury cases are based on negligence, intentional torts, or strict liability. The type of case determines what you need to prove to win a personal injury lawsuit.

The burden of proof in a personal injury case is by a preponderance of the evidence. The jurors must believe that the evidence proves that it is greater than not (i.e., more than 50%) that the defendant caused the plaintiff’s injuries.

Does the Defendant Have a Burden of Proof in a Personal Injury Lawsuit in Georgia?

The plaintiff must prove the legal elements to convince a jury that the defendant is liable for their economic and non-economic damages. However, the defense can raise affirmative defenses to the allegations. If so, the defendant must prove the elements to establish the defense.

Expiration of the Statute of Limitations

The Georgia statute of limitations sets deadlines for filing personal injury lawsuits. Most personal injury claims have a two-year filing deadline, but some exceptions could lengthen or shorten that time. If you file a lawsuit after the statute of limitations expires, the defendant can ask the court to dismiss your case without further consideration.

Contributory Fault

Georgia has a modified comparative fault standard for personal injury cases. If the victim is more than 49% to blame for causing their injuries, the law bars the victim from recovering any compensation for damages. However, if the victim is less than 50% at fault, their damages are reduced by their level of fault.

Failure to Mitigate Damages

The defendant may allege the plaintiff failed to mitigate damages, so they are not entitled to compensation for any damages that could have been avoided. For instance, the plaintiff failed to seek prompt medical care or did not follow the treatment plan. The plaintiff’s actions resulted in their injuries worsening.

Do You Have Questions About a Georgia Personal Injury Lawsuit?

It is crucial to meet deadlines when seeking compensation for a personal injury or accident claim. Prompt legal advice from an experienced Georgia personal injury lawyer can help protect your rights. Contact a personal injury lawyer at (229) 386-1376 for a free consultation to discuss your case and learn about your legal options.