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Legal Parties

What is Defendant?

The person or entity being sued or accused in a lawsuit. In civil cases, the defendant must respond to the plaintiff's complaint.

Understanding Defendant

Defendants may include individuals, businesses, government entities, or other organizations. In personal injury cases, defendants are often covered by liability insurance, and the insurance company may handle the defense and any settlement or judgment.

Examples

  • 1Driver being sued for causing an accident
  • 2Hospital defending against malpractice claims
  • 3Manufacturer defending product liability lawsuit

Why This Matters in Legal Cases

Understanding the defendant's role is important because in most personal injury cases, the defendant's insurance company controls the defense strategy and settlement decisions. Clients need to know that they are often negotiating not with the person who harmed them but with a well-funded insurance company whose goal is to minimize payouts.

Explaining to Clients

Explain to clients that the defendant is the person or company they are suing, but in practice, the defendant's insurance company usually hires the lawyers and makes the financial decisions. This helps clients understand why negotiations can feel impersonal and why the insurance company may push back even when fault seems clear.

Frequently Asked Questions

Can I sue multiple defendants?

Yes. If multiple parties contributed to your injuries, you can name all of them as defendants. For example, in a trucking accident, you might sue the truck driver, the trucking company, and the vehicle manufacturer. Each defendant may have separate insurance coverage, potentially increasing available compensation.

What happens if the defendant has no insurance?

If the defendant has no insurance, you may still recover through your own uninsured/underinsured motorist coverage (in auto cases), or by obtaining a judgment against the defendant personally. However, collecting on a judgment against an uninsured individual can be difficult if they have limited assets.

Can a defendant file a counterclaim against me?

Yes. A defendant can file a counterclaim alleging that the plaintiff caused them harm. In car accident cases, for example, a defendant might countersue claiming the plaintiff was actually at fault. Your attorney will defend against any counterclaims while pursuing your original case.

Sources

Related Terms

Plaintiff

The person or party who initiates a lawsuit by filing a complaint against another party (the defendant) in civil court.

Answer

The defendant's formal written response to a complaint, admitting or denying allegations and raising any defenses.

Last updated: January 24, 2026
Reviewed by: Quilia Legal Content Team

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