What Is the Difference Between Plaintiff and Defendant in a Kentucky Personal Injury Case?
If you have suffered an injury due to another party’s negligence, you may be considering filing a personal injury claim. Before filing your case, it can help to take time to understand some of the terms commonly used in these cases. Two important terms you need to understand are “plaintiff” and “defendant.” Understanding the difference between the two is critical to grasping the personal injury claims process. Generally, in a Kentucky personal injury case, the terms “plaintiff” and “defendant” represent two opposing sides, each with different objectives and responsibilities. Below is more on the difference between plaintiff and defendant in a Kentucky personal injury case.
Defining Plaintiff
The plaintiff initiates a personal injury claim. Typically, the plaintiff is the injured party. The plaintiff could be someone who was injured in a car accident, slip-and-fall accident, or other accident or incident because of another party’s negligence.
Responsibilities of the Plaintiff
If you are the one submitting a personal injury claim, you have the burden of proof. You must come up with evidence that clearly establishes that the defendant owed you a duty of care which they breached, the breach caused your injury, and you sustained damages due to the breach. In a personal injury case, the standard of proof is by a “preponderance of the evidence,” which means you need to tip the scales of justice slightly in your favor. This standard requires demonstrating that it is more likely than not (greater than a 50% chance) that the defendant’s actions caused your injuries and damages.
The Plaintiff’s Objectives
As the plaintiff, your main goal is to recover compensation for the harm suffered, or in other words, damages. Damages recoverable in a Kentucky personal injury claim include medical expenses, lost wages, pain and suffering, and property damage. These are called compensatory damages. In some cases, you may also be eligible for punitive damages. Under KRS 411.184, punitive damages can only be awarded in cases involving malice, fraud, or oppression.
Defining Defendant
In a personal injury claim, the defendant is the party being accused of causing the plaintiff’s injury and damages through negligence. In a personal injury case, the defendant could be an individual, company, or entity. In some cases, there can be more than one defendant in a personal injury case.
Responsibilities and Objectives of the Defendant
The defendant’s primary responsibility and objective is to defend themselves against the plaintiff’s claims and avoid liability. Defendants do this using various strategies, including;
- Arguing that they did not breach their duty of care
- Arguing that the plaintiff was partially at fault for the accident or incident
- Disputing the extent of injuries or damages
- Claiming that the plaintiff knowingly accepted the risks involved in the activity that caused their injury
If, for instance, the defendant successfully argues you were partially at fault for your injuries, it could reduce their liability. The comparative negligence rule allows for the apportionment of damages based on each party’s degree of fault. And while you can still recover compensation even if you share blame for your injuries, your compensation will be reduced proportionately.
Contact a London Personal Injury Attorney
If you’re the plaintiff in a personal injury case, our London & Southeast Kentucky personal injury attorneys at Cessna & George Law Firm can help you build a strong case to prove the defendant’s liability. We can help you recover the compensation you deserve. Contact us today to schedule a consultation.
Source:
apps.legislature.ky.gov/law/statutes/statute.aspx?id=17783#:~:text=(2)%20A%20plaintiff%20shall%20recover,with%20oppression%2C%20fraud%20or%20malice.
