Contrary to popular belief, personal injury claims do not just involve the victim and the at-fault party. Several other parties play important roles in influencing the outcome of the claim and the settlement amount.
“Understanding the roles of all parties involved in a personal injury case is critical to determining the case’s trajectory and outcome,” says Attorney Michael McCready of McCready Law Injury Attorneys.
Here are the primary parties typically involved in a personal injury claim in Illinois:
- The Plaintiff
This individual seeks compensation for injuries or trauma resulting from an accident caused by the defendant’s negligence. In a personal injury case, an individual is legally referred to as a plaintiff when a lawyer files a formal lawsuit in court.
- The Claimant
This individual is also the injured victim; however, the term applies in a different context or at a different stage of the personal injury claim. “Claimant” is the general term used during the insurance claim and negotiation process, which is before a lawyer files the personal injury lawsuit. Simply put, if you file a personal injury claim with the at-fault individual’s insurance company, you are the claimant. If that doesn’t work, and you file a personal injury lawsuit, you are the plaintiff.
- The Defendant
This individual is the alleged at-fault party responsible for causing the plaintiff’s injuries or trauma through negligence or misconduct. The defendant can be an individual, a business, or an entity. In Illinois, a personal injury claim can include multiple defendants if more than one party shares responsibility, such as the individual and their employer.
For instance, in a car accident, the driver, the car company, or even the manufacturer of some parts (if the accident resulted from a failing part) may all be named as defendants.
- Insurance Companies
More often than not, insurance companies play a central role in personal injury cases. These insurance companies typically represent the at-fault party (an individual, business, or other entity). The insurers or adjusters are responsible for the evaluation, negotiation, and settlement of the claim.
- Attorneys on Both Sides
Personal injury attorneys on the plaintiff’s or claimant’s and the defendant’s sides are highly essential parties involved in a claim. The plaintiff’s or claimant’s attorney builds a strong case with all necessary documents and evidence, negotiates with the insurance companies, and, if necessary, files a court case.
On the other hand, the defense attorney works to minimize or deny liability or dismiss the case altogether. Many individuals today choose to represent themselves; however, it is essential to note that involving an attorney in your claim is necessary.
- Medical Professionals
In any personal injury case, the likelihood of involving medical professionals in a personal injury claim is 9 out of 10. That is because they serve as key witnesses or confirmation of the injuries suffered (minor or severe). They are also in the appropriate position to discuss any long-term complications expected as a result of the accident.
There are two main types of medical professionals involved in an Illinois personal injury claim: the medical physician and an expert medical witness.
Other Parties Involved in an Illinois Personal Injury Claim
In some personal injury cases, additional parties may become involved through certain legal procedures. These are not always present, but when they are, they can considerably affect how the case unfolds.
- Joinder: Adding another incident-connected person or party to the case.
- Impleader: Allowing a defendant to bring in another party they believe shares the blame.
- Interpleader: Applies when multiple people claim the same money or property, and a neutral party (such as an insurer) asks the court to decide among them.
- Intervention: Allows an outside party to join the case if the outcome could affect their rights or interests.
These procedures involve all relevant parties and ensure the case’s resolution as fairly and efficiently as possible.
Conclusion
Personal injury claims in Illinois involve a network of players, each with their roles, goals, and responsibilities. Consulting with an Illinois personal injury attorney can help you stay informed, protected, and empowered throughout the entire process, whether you are in the beginning stages or facing a legal battle.
