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For every injured party that files a personal injury claim or lawsuit, there is at least one party on the other end of the case that has been named as the defendant or liable party. While you probably know that you have to name someone as the liable party – or the party that you say caused your injury and losses due to negligence or wrongdoing – you might not know that you don’t necessarily have to name a specific person. The law allows you to hold all sorts of people, parties, and entities liable through a claim filed in civil court, so it’s important that you name the right ones.
Parties That Could Be Defendants in Personal Injury Cases
- Individuals: Individual people can be held liable in personal injury cases, which is perhaps the most straightforward form of liability, where a person’s actions directly cause harm to another. Common scenarios include car accidents where one driver’s negligence causes the crash or cases of assault where intentional harm is inflicted on another. Although, if you file an injury claim against a specific person, don’t be surprised if an insurance company representative answers on their behalf.
- Companies and corporations: Businesses can also be liable in personal injury cases. When an unsafe or defective product causes harm to a consumer, a business company or corporation can find itself in court, which is why product liability cases are among the most common reasons why businesses are named as defendants. Also, if you are hurt in a workplace accident and don’t have workers’ compensation coverage, you might be able to name your employer as the liable party in a civil injury lawsuit.
- Government agencies: It might come as a surprise, but government agencies can be defendants in personal injury cases as well. Instances where public property is not maintained, leading to accidents or cases of police brutality typically fall under this category. Filing a claim against a government agency will involve more complicated legal requirements and a much shorter statute of limitations in most cases, so it is highly recommended that you talk to a personal injury lawyer in your area as soon as you can if you think a government agent or agency could be liable for our injuries.
- Organizations and institutions: Miscellaneous organizations and educational institutions can also be deemed liable in personal injury cases. In recent years, many newsworthy lawsuits have involved such defendants, like the Boy Scouts of America, USA Gymnastics, various Catholic dioceses, and so on.
- Property owners and landlords: Property owners and landlords have a duty to ensure their premises are safe for tenants, guests, visitors, customers, etc. If someone is injured due to unsafe conditions, such as a slip and fall incident on icy steps or poorly maintained walkways, the property owner can be held liable.
What is Joint Liability?
When you file a personal injury claim, you can name more than one party as the defendant or liable party. For example, if you are in a truck accident, you might be able to name the truck driver and the trucking company as defendants. If there are multiple defendants in an injury lawsuit, they share “joint liability.” Depending on the outcome of the case, the responsibility to pay for the plaintiff’s losses can be split any way among the parties that share joint liability; the division could even be 0% paid by one party and 100% paid by another or the remaining parties.
Determine the Liable Party in Your Case with Legal Help
It is important to name the correct party as the defendant or liable party in your personal injury claim. If you do not name the right party, your chances of making a recovery can be devastated. At the least, the process of getting the financial compensation that you need will be greatly delayed if you don’t name the correct party as the liable party.
To avoid problems in your case, including complications regarding who or what parties should be liable for your losses, team up with Hilliard Law right away. Our personal injury attorneys can help clients across Texas with even the most complex of cases, including those with multiple defendants and that go to trial. To get all the clarity and support that you need in your case, schedule a free consultation by calling (361) 882-1612 today.