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What Is the Difference Between a Plaintiff and a Defendant?

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hi it's Kyle Bachus again today I want

to talk with you briefly about what a

plaintiff is and what a defendant is we

get these questions and it can be

confusing because we really have a two

different systems right we have a

criminal law system and we're used to

hearing about a prosecutor and that's

the state prosecuting somebody

criminally and then we hear about a

defendant and that's the person who's

been charged with a crime right and so

that's the criminal process when we're

pursuing a personal injury case we're

not dealing with the criminal process

although the DA may be filing charges

against the person who caused the

accident or if there's a drunk driver

may be pursuing that DUI claim against a

drunk driver who caused the accident but

for our purposes in a personal injury

case we're bringing a civil case and the

civil case is a case brought by a

private person against another private

person or a company you know but it's a

private lawsuit and the purpose of the

lawsuit is to get money damages for what

was caused by the negligence of the

person who is being sued so in a civil

case the person who is suing okay so the

person who is injured when we do in a

personal injury case that person is

called the plaintiff and it's just a

legal term that's the plaintiff and the

person who caused the accident or the

person who is being sued for the money

who were trying to get to pay the money

damages that person is called the

defendant now in many cases even though

the defendant is the person who hits you

that defendant purchased their own

automobile insurance and so we're

bringing a claim against the defendant

but it's being covered by the defendants

auto insurance and so we're getting paid

through the auto insurance company but

the only reason they're paying is that

they the defendant purchased insurance

coverage that said hey if as a defendant

caused an injury to somebody else you're

going to insure me and indemnify me and

make payments on my behalf so the

plaintiff is the person who's been

injured in a personal injury case who's

bringing the claim the defendant is the

person who were bringing the claim

against who caused the collision hope

that's helpful to you that's what a

plaintiff and a defendant are thank you

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