If you were injured in Oklahoma City because of someone else’s actions, figuring out who the defendant is might not be your first thought, but it’s one of the most important. You can’t win a personal injury case unless you know who to hold responsible.
Who Is the Defendant in a Personal Injury Case?
In a personal injury case, the defendant is the person or group you say caused your injury. That might be someone who acted carelessly, a company that cut corners, or even a government agency that didn’t fix a hazard.
Basically, the defendant is the person or party you’re suing. They’re the ones you want to pay for your medical bills, lost income, and pain and suffering.
Types of Defendants in Personal Injury Cases
There are a few common categories of defendants in personal injury cases. Each comes with its own challenges.
- Individual people are often named in car crashes, dog bite claims, or physical assaults. If you’re suing someone personally, their insurance usually pays up to their policy limits.
- Businesses like restaurants, hotels, or property managers can be sued if they created or failed to fix unsafe conditions or if their employees caused your injuries. These companies tend to carry larger insurance policies.
- Government entities can also be defendants, such as if you’re injured on city property or because of a poorly maintained sidewalk. However, suing the government means dealing with strict deadlines and special filing rules.
Some cases have more than one defendant. If multiple people or companies contributed to your injury, you might sue all of them. It makes the case more complex, but it can also boost your chances of getting full compensation.
The Defendant’s Role in the Legal Process
After they’re named in a lawsuit, the defendant (or defendants, if multiple parties are at fault) becomes an active player in your legal case. First, the defendant usually turns the claim over to their insurance company. The insurer assigns a claims adjuster and often provides a lawyer to defend the case.
The defense team gathers evidence and builds a case to limit or eliminate their responsibility. They might argue that they weren’t at fault, that you’re exaggerating your injuries, or that you caused the accident.
As the case progresses, both sides share evidence in the discovery process. This might involve written questions, document requests, or depositions, where the defendant must answer questions under oath.
Common Defense Strategies in Injury Cases
Understanding how defendants and their insurance companies try to dodge liability can help you stay one step ahead.
- They may say someone else was responsible or that no one could have prevented the accident.
- They might argue that you caused the accident or were partly at fault. Under Oklahoma’s modified comparative negligence rule, if you’re more than 50 percent responsible, you can’t recover anything. Even if you’re less than 50 percent at fault, your compensation is reduced by your share of the blame.
- They might say your injuries didn’t come from the accident. Maybe they claim your injuries existed before or happened afterward.
- They may point to insurance limits and argue their policy doesn’t cover all your losses or that the available amount is capped.
These strategies are designed to weaken your case and reduce what the insurance company pays. Preparing for them can help you and your lawyer push back more effectively.
How To Protect Yourself When Dealing With A Defendant
Once your case is in motion, protecting your rights is important. Here’s how:
- Don’t talk directly to the defendant beyond exchanging information at the scene. Let your lawyer handle all communications.
- Don’t agree to give a recorded statement to their insurer without legal advice.
- Save every piece of evidence, including photos, medical records, and written correspondence.
- Stay off social media. Even harmless posts can be twisted to argue that you’re not really injured.
- Trust your lawyer. They’ll push back against the defense’s tactics and make sure your side of the story is heard.
Taking these steps helps level the playing field and gives you the best shot at a successful outcome.
Talk To an Oklahoma City Personal Injury Lawyer for Help With Your Case
At Laird Hammons Laird Personal Injury Lawyers, we help injury victims in Oklahoma City, Oklahoma, figure out who’s responsible and fight to hold them accountable. From identifying the right defendant to standing up to the insurance company, we’ll be with you every step of the way.
Contact our Oklahoma City personal injury lawyers today at (405) 703-4567 for a free consultation and learn how we can help you get the compensation you deserve.
