If you were injured in an accident and need to file a personal injury lawsuit, you should know the different parties involved in a suit. At the most basic level, there’s a plaintiff and a defendant. But personal injury cases can get complicated. You might need to involve another person or business. Or, maybe someone’s trying to get involved in your in-going case. If you’re part of a potentially complicated lawsuit, talk with us at Personal Injury Attorneys at Staver about parties in personal injury cases. You can reach out through our online form or call (312) 236-2900 to schedule a free consultation.
Every Illinois personal injury case begins with two core players: the person or party claiming harm (the plaintiff) and the person or entity accused of causing it (the defendant). From there, cases can evolve into complex legal actions involving multiple insurance carriers, employers, property owners, and even government agencies. Understanding how each participant fits into the litigation process helps ensure no responsible party escapes accountability and that your compensation claim reflects the full scope of your damages.
The plaintiff is the person or business that files a lawsuit. If you were hurt in an accident and believe someone else was responsible, you become the plaintiff once your complaint is filed in court. Before that, you’re simply a “claimant” in an insurance process. Multiple people may join as co-plaintiffs—for instance, a husband and wife injured together in the same crash may sue jointly for shared and individual damages.
The defendant is the person, company, or institution you claim caused your injury. You must prove their negligence or misconduct, while they may raise defenses to limit or deny liability. Many cases have more than one defendant—such as a careless driver and their employer, a property owner and maintenance contractor, or a manufacturer and distributor in a product liability case. Our attorneys often name multiple defendants early to preserve evidence, widen available insurance coverage, and secure the strongest possible compensation.
Suppose you and a friend are injured when a distracted rideshare driver runs a red light at a downtown Chicago intersection. You both file as plaintiffs against the driver, their employer (the rideshare company), and possibly a third-party maintenance provider if the vehicle’s brakes malfunctioned. A crossclaim might arise between the driver and the maintenance company, each blaming the other for the crash. This illustrates how one accident can involve several layers of plaintiffs, defendants, and insurers. Learn more about car accidents.
Imagine you slip on black ice in an apartment complex parking lot. You sue the property owner and management company. During discovery, you learn that a snow removal contractor failed to perform services as scheduled, so the defendants add the contractor as a third-party defendant. Learn more about premises liability.
You undergo surgery and experience severe complications. You file suit against the hospital and the surgeon. The hospital may crossclaim against the doctor, arguing the error was individual negligence rather than institutional. In turn, your health insurer may intervene to recover costs it paid. More about medical malpractice.
A delivery driver is injured when a defective tire blows out on a company vehicle. The driver sues the tire manufacturer and employer. The employer impleads the tire distributor, asserting the defect originated in shipping or handling. Find out more about product liability.
Nursing Home Negligence
A family sues a nursing home after their loved one develops bedsores and infections. The facility adds a staffing agency and a medical provider through joinder and crossclaims, asserting each played a role in the injury. Learn more abour nursing home negligence.
When liability is unclear—such as in multi-vehicle collisions, chain-reaction pileups, or overlapping professional duties—Illinois law lets you name multiple defendants and allege liability in the alternative. Discovery helps reveal who is truly responsible. This approach prevents dismissal of claims simply because you initially lacked full information.
Adding the wrong defendant or missing an important one doesn’t automatically end your case. Illinois courts allow amendments to remove irrelevant parties or add necessary ones before judgment. Correcting party errors early helps avoid procedural delays and ensures the real culprits are held accountable.
Yes. If the driver was performing job duties, their employer may share liability under the legal doctrine of respondeat superior. This expands potential insurance coverage and accountability.
You can file against known defendants and amend your lawsuit later as evidence identifies others. Illinois law permits adding defendants as long as it’s done before the statute of limitations expires.
Co-defendants often file crossclaims to shift or share blame. For example, in a premises case, an owner may crossclaim against a contractor who failed to fix a hazard, or in a trucking crash, a carrier might crossclaim against a shipper for unsafe loading.
An impleader allows a defendant to bring in another party believed to be responsible for your injuries. This can add insurance coverage and clarify fault but may also lengthen proceedings. It ensures all responsible entities are part of the same case.
They can intervene if their financial interests are affected—such as insurers seeking reimbursement for medical payments or providers asserting liens for unpaid treatment costs. Your attorney will address these to protect your net recovery.
Usually no. Insurance companies fund settlements and defense, but aren’t directly named. However, your lawyer’s strategy focuses on identifying all applicable policies, including auto, commercial, or umbrella coverage, to maximize recovery.
You can amend the complaint to drop or replace a misidentified defendant. Courts prefer allowing correction over dismissal, mainly when honest mistakes occur due to complex ownership or corporate structures.
Cases involving multiple defendants or insurers can take longer due to discovery and scheduling. Still, they often yield higher settlements or verdicts by ensuring every liable entity contributes to your damages.
Hospitals, doctors, nurses, and other providers may all be named. Each may have separate insurance and legal counsel. Coordination of claims helps prevent “finger-pointing” and ensures full compensation for the patient.
Seek immediate medical care, document everything, and contact an attorney quickly. Your lawyer will send preservation letters, secure surveillance and records, and identify every potential defendant before evidence disappears.
Sometimes a personal injury case is simple—it’ll be between you and one defendant. But in many other cases, the accidents are more complicated. It’s best to work with an experienced personal injury lawyer from the beginning. Your attorney will thoroughly investigate the case, which might uncover several possible defendants or interested parties. We’ll include every relevant defendant. If new information comes to light, we can deal with issues of joinder, interpleader, impleader, and intervention.
To learn more about parties in a personal injury case, call Staver Accident Injury Lawyers, P.C. at (312) 236-2900, or contact us through our online form. We offer free consultations and accept cases on a contingency fee basis. There are no fees unless you win.
When you’re fighting for maximum compensation, we know what it takes to get it.
