Who Are the Parties in a Personal Injury Lawsuit?

A defendant’s insurance company has a stake in the trial’s outcome because they may be responsible for paying any damages. For example, doctors carry malpractice insurance in case a patient sues them. Drivers carry car insurance in case they cause injury or property damage while driving. And businesses carry premises liability insurance in case someone is injured on their property.

A plaintiff’s insurance may also be involved in litigation. In car accident cases, for example, the plaintiff’s insurance company may be involved if there is a claim for uninsured/underinsured coverage.

Your attorney’s job is to help you recover the best settlement possible for your injury. When you hire an attorney, they will guide you through the process from the initial consultation to the settlement agreement or final verdict. Although other parties, such as an insurance agent, may offer to help you settle your case, they have their company’s best interests at heart – not yours. By hiring an attorney, you can ensure that you get the best results in your case.

Paralegals

When you hire an attorney, you will gain a team of support professionals and research experts. You will likely interact with a firm’s paralegals more often than other members of the legal team. Paralegals work closely with your attorney, helping them conduct research, acquire evidence, and manage your case. At WKW, our paralegals will often serve as the main point of contact. They can answer your follow-up questions, help you gather documents, schedule depositions, and much more.

Legal Assistants

Our legal assistants work hard behind the scenes, providing administrative assistance when needed. Legal assistants keep everything organized and running smoothly.

Like the plaintiff’s attorney, the defense attorney is there to represent their client’s best interests. The defense attorney represents the defendant, and their job is to negate the plaintiff’s allegations. They may provide their own evidence, invite their own witnesses and experts, and provide a counterclaim—a claim against the plaintiff for something the defendant thinks they did wrong.

In some ways, the defense attorney’s job is simpler than the plaintiff’s attorney. The plaintiff has the burden of proof, while the defense attorney must convince a jury that their version of events is more likely true. This is why it’s important for the victim to choose the right attorney for their case.

The physicians or medical professionals treating your injury are most qualified to discuss your condition. Depending on your case, you may involve the original doctor who treated you in the emergency room and specialists who provide ongoing care, such as physical therapists or surgeons. These witnesses can explain to the judge and jury how your injury has affected your health and how it may affect your quality of life going forward. The testimony of a treating physician can be critical in proving the severity and impact of your injuries.

For example, the physician who treated someone after a car accident can explain to the jury that their brain injury will prevent them from returning to work and that treatment options are very limited. The patient’s quality of life will never be the same as it was. This will help the jury understand the severity of the injury, even if it isn’t evident by the victim’s appearance.

In addition to physicians who personally treated you, either side may also invite an expert medical witness to testify broadly about your condition and its likely cause. For example, suppose a plaintiff has suffered an injury due to medical malpractice. They may call an expert medical witness in the same field to testify that the defendant acted against the standard of care. They can explain to the jury what the defendant should have done instead.

Similarly, a defendant might call an expert medical witness to testify that the plaintiff’s injuries were not so serious or that the defendant’s actions could not have caused them.

A clerk’s job is to maintain court records. They also assist with administrative tasks so that your case runs smoothly.

The bailiffs are present to ensure the safety and security of the courtroom. If there is any animosity between the two parties, the bailiff’s job is to keep them separated and ensure safety.

Court reporters type everything said during a trial so there will be a clear record. The jury can review this record to ensure they don’t miss any important information.