Your Rights as a Defendant in a Personal Injury Case

A defendant in a personal injury case is the individual, business, or entity accused of causing harm through negligence or wrongdoing. If a personal injury lawsuit is filed, the defendant has the right to respond and defend against the claims.

In most personal injury cases, defendants are represented by attorneys provided by their insurance companies, meaning they often do not pay legal fees out of pocket. However, when no insurance coverage applies, defendants may hire attorneys at their own expense.

Defendants in Civil Cases

In a civil lawsuit, such as a personal injury complaint, the defendant is the party accused of wrongdoing. It is possible that a civil defendant might also be a defendant in a corresponding criminal case. (For example, if a defendant’s criminal wrongdoing caused damages and injuries leading to a civil lawsuit.) Examples of civil claims in a lawsuit can include: 

• Tort: A “tort” is a legal term referring to a harmful act that leads to someone else’s injury. The injury can be to a person’s body, their property, or their reputation. In a tort action, the plaintiff seeks monetary compensation for their damages. Personal injury claims fall within the tort category. Examples of tort cases include personal injury, battery, defamation, fraud, medical malpractice, and others. The defendant in a tort claim is the person alleged to have committed wrongdoing through some action or failure to act. 
• Breach of contract: In a breach of contract claim, the plaintiff alleges the defendant failed to perform their required duties under a contract. Breach of contract claims can include failure to finish a job, failure to deliver goods, failure to pay in full, failure to pay on time, and other failures by a defendant to hold their end of a bargain.  
• Equitable claims: Under an equitable claim, the plaintiff asks the court to make a defendant do something (or keep them from doing something). Equitable claims are common in land disputes.      
• Landlord-tenant claims: Disputes between landlords and tenants typically name the tenant as a defendant for failure to pay rent or leave the premises as scheduled. Landlords can also be named defendants if they are accused of failing to uphold their end of a rental agreement. 

In all of these civil lawsuits, the defendant has certain rights and responsibilities once the case starts. 

What is the Defendant’s Role in a Case? 

When a civil lawsuit is filed, the defendant is served with the complaint according to the rules in their state and county. The complaint starts when a case is filed but can’t proceed until the service of the complaint and summons is complete. Depending on the jurisdiction’s rules, service is completed either by a process server or through some other reliable method (such as certified mail). 

Once properly served, the defendant will have a set number of days to file their answer. In Oregon, the deadline to file an answer is typically 30 days from the date of service. Once an answer is filed, the case is “joined,” and the court will start scheduling hearing dates. 

A defendant can be a person or an entity, such as a business or governmental entity. If the defendant is not an individual, they are served through an agent (such as an employee). 

Does the Defendant Have a Right to a Lawyer? 

In the United States, a criminal defendant has a Sixth Amendment right to an attorney during the case’s proceedings. If a defendant cannot afford a lawyer, a lawyer will be appointed for them by the court. 

However, there is no constitutional right to a lawyer in civil cases. A defendant in a personal injury case will have the option to hire a lawyer or represent themselves. Based on a defendant’s financial circumstances, legal aid options at the state and local levels might be able to provide some assistance. Affordable legal help is often available to defendants in eviction cases or other emergency situations. 

Contingency Fees for Injury Plaintiffs

A plaintiff in a personal injury lawsuit seldom has the resources to go up against a defendant who can afford their own legal counsel. That’s why personal injury law firms typically represent clients on a contingency fee basis. This means the client owes no legal fees unless we win their case. 

Contact a Portland Personal Injury Lawyer for a Free Consultation   

If you have been injured due to the negligent conduct of another person, you have legal options, including the right to sue for damages. Once you pursue your claim in court, the negligent individual or entity becomes the defendant. To achieve justice in your personal injury claim, you need skilled and experienced legal representation. Tillmann Law Personal Injury Lawyers in Portland, Oregon, can help. Call us today at (503) 773-3333 to schedule your free consultation with a Portland personal injury lawyer or contact us by completing this free evaluation form.