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Defendant

In the context of personal injury claims, the term “defendant” refers to the party who is being held legally responsible for causing the injuries and losses suffered by the injured person (claimant). The defendant is, therefore, the person or entity against whom the claim is filed against.

The defendant in a personal injury claim can take various forms depending on the circumstances of the case. Here are a few examples:

An Individual: The defendant may be an individual who directly caused the accident or injury. For instance, if you were injured in a car accident caused by another driver’s negligence, that driver would be the defendant in your personal injury claim.
A Business: In some cases, the defendant could be a business. For example, if you slipped and fell in a supermarket due to the store’s negligence in maintaining safe premises, your claim would be made against the business.
An Employer: If you suffered an injury at your workplace due to your employer’s negligence, your employer would be the defendant in your work accident claim. This could involve inadequate safety measures, failure to provide proper training, or negligence in maintaining a safe work environment.
A Government Entity: In certain circumstances, the defendant may be a government entity or agency. For instance, if you tripped due to a pothole and broke your ankle, your claim would most likely be made against the local authority responsible for the area.
An NHS Trust: If you are injured due to medical negligence whilst receiving healthcare through the NHS, the defendant would be the local NHS Trust.

When making a personal injury claim, your solicitor will aim to establish the defendant’s liability for causing your injuries and losses. They will do this by gathering evidence to build a strong case and negotiating with the defendant’s insurance company to agree on a suitable compensation settlement.

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Last edited on 17th Dec 2024

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.