If you are dealing with a personal injury claim, you might need to file a lawsuit. You should know about the types of parties involved in the lawsuit.
A personal injury case is a civil lawsuit. In every civil lawsuit, there is at least one plaintiff and at least one defendant.
The plaintiff is the party who files a lawsuit. There can be one or more plaintiffs. This person or group claims someone else caused them harm. The plaintiff presents evidence to try to prove the other party is liable for their damages. Their damages are their physical, emotional, and financial injuries.
The defendant is the party who allegedly caused the plaintiff harm. There can be one or more defendants. They can be individuals, businesses, municipalities, or government agencies. The defendant doesn’t have to prove they didn’t cause the plaintiff harm. The burden of proof is on the plaintiff. But the defendant also presents evidence to counter the plaintiff’s allegations.
The plaintiff has to prove the defendant is liable for their injuries. The plaintiff must present evidence to the jury of the defendant’s negligent or harmful conduct. This is known as having the burden of proof. Different types of lawsuits have different burdens of proof. That means there are different standards plaintiffs have to meet. In a civil personal injury lawsuit, the plaintiff must prove the defendant caused them harm by a preponderance of the evidence. This level of proof means it is more likely than not that the defendant is responsible.
When there are many plaintiffs who suffer the same or similar injury, this changes the structure of the lawsuit. Many plaintiffs can mean dozens, hundreds, or thousands of people.
When there are many plaintiffs, the lawsuit may become a class action. One person or a small group of people and their lawyers ask the court to certify a class. By certifying a class, the court defines who is or is not a plaintiff in the class action lawsuit. One plaintiff becomes the class representative and is involved in the lawsuit.
Many plaintiffs in the class are not involved. They receive notice of the lawsuit. They can opt in or out. If they opt out, they don’t receive a part of the settlement or court verdict. Plaintiffs who are part of the class action might receive a small portion of the recovery.
Mass torts involve numerous plaintiffs, but they are not the same thing as a class action lawsuit. A class action is one lawsuit on behalf of many plaintiffs. Mass torts are separate lawsuits by plaintiffs with similar injuries.
During mass tort claims, many plaintiffs may be represented by one firm. Law firms might share information and resources. Also, many of the lawsuits will be moved to the same court venue.
After a plaintiff files a lawsuit against a defendant, more parties might join the lawsuit. New York’s Civil Practice Law and Rules control when parties must or can be added to lawsuits. Sometimes, adding parties is necessary. Other times, adding parties is for the best, but the lawsuit could continue without them.
There might be a party who must be in the lawsuit for the issue to be resolved properly. A necessary party can be a plaintiff or defendant. If the court has jurisdiction over the party, they can be summoned to court. If the court doesn’t have jurisdiction, and the party won’t join voluntarily, the court must decide whether the case can continue. A judge can dismiss a case if a necessary party is missing.
There might be parties who don’t have to join the lawsuit, but it makes sense for them to. A court might allow new plaintiffs or defendants to join the personal injury claim if it would efficiently resolve the issues. The new plaintiffs or defendant’s issues must come from the same set of circumstances as the current plaintiff and defendant.
A defendant might claim another party is liable to them for all or part of the plaintiff’s allegations. When the new person is not already part of the lawsuit, the defendant can ask to bring them in. The court decides whether a third party can become involved in the case. The defendant files a claim against the third party. The original defendant becomes a third-party plaintiff. The new party becomes the third-party defendant.
If the lawsuit involves a monetary fund or property, someone outside of the lawsuit might have an interest in what happens to that fund or property. That person might ask to join the lawsuit to have a say in what happens to that fund or property.
A party might want to join a lawsuit voluntarily. This party must ask the court permission to join. They must show the judge they have a right to be involved. Sometimes, a party has the right to join a lawsuit without the court’s permission. For example, a government entity has the right to join a lawsuit if it contains a question of constitutional law.
If you have been injured or are somehow involved in a personal injury claim, call Hecht, Kleeger & Damashek, P.C. at (212) 490-5700, or contact us through our online form. We have years of experience handling personal injury lawsuits. We understand how parties become part of a lawsuit. We realize you might be a party to a lawsuit even if you weren’t the person hurt or the person who directly caused the accident. Talk with us about your part in the personal injury lawsuit.
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09/09/2021
When I spoke to Mr.Noah Reiss he gave me valuable legal advice. Connected the dots who and why. He is a great asset to this firm. Will call him again as a friend. Thank you so much.
08/11/2021
Ross Raggio, did an amazing job on my case. The office staff was responsive and very helpful to my questions and concerns. I had a very good experience. I highly recommend this firm.
06/22/2021
I had a great lawyer with a great Paralegal that made everything easy to understand.
04/01/2021
I am extremely satisfied and pleased most of all grateful for the services of Jonathan and his team! It is such a relief to have a strong team supporting you through a process that’s stressful. Thank you again for everything.
03/01/2021
Hetch,Kleeger & Damashek, P.C., is the law office I highly recommend. My attorney Judd Kleeger, accomplished to represent me, support my needs & secure my future after suffering a traumatic accident. Other lawyers couldn’t guarantee this to me but Judd…
02/25/2021
I can say without hesitation that if you are injured due to someone else’s fault, that no one will fight harder and more passionately for you than Jordan Hecht and Judd Kleeger. I have worked side by side with them…
02/23/2021
I highly recommend the law firm of Hecht, Kleeger & Damashek – as well as my attorney, Jordan Hecht. Jordan was able to answer all of my questions and put me at ease. He was always responsive and patient. He…
02/23/2021
I have referred numerous cases to Judd Kleeger and the team at HKD. I feel very confident when i refer a client that they will be treated with the highest regard. Each of my referrals has had very positive experiences…
01/29/2021
I was always able to reach my attorney Judd Kleeger with any concern I had about my case. He responded timely and with the utmost courtesy to my sometimes desperate phone calls and email. He knew exactly what to do…
01/19/2021
The attorneys at Hecht, Kleeger & Damashek are smart, professional, responsive and dedicated to achieving the best results for their clients. Most importantly, they are trustworthy and genuinely good people who you can depend upon.
01/18/2021
Judd Kleeger and his team are extremely competent, super professional and have achieved consistently better results than I or my clients had anticipated. He is my “go to” PI team. This was my experience over a decade and not just…
01/15/2021
I have known Judd Kleeger for over a decade now. By far the smartest hardest working attorney I have ever dealt with. His advice has been spot on time and time again. Highly recommend him.
01/15/2021
I retained Judd Kleeger for a personal injury case. I would, without hesitation, recommend Judd, and his firm, for anyone who finds themselves in a situation that demands a tenacious advocate who will not stop fighting until he gets results.
01/15/2021
I can’t recommend Judd Kleeger enough. He is without a doubt the most professional lawyer I’ve encountered. Judd Kleeger is diligent and quick in his responses, always making sure his clients are in the right hands. I’ve never had to…
01/14/2021
Judd Kleeger is an exceptional attorney who makes sure to get the best possible outcome for his client. He is always available, and is knowledgeable, prepared and dedicated to his clients. He is not afraid to go to trial and…
01/14/2021
Mr. Judd Kleeger and his team at Hecht, Kleeger & Damashek are great! They always provide very thoughtful and caring advice. Mr. Kleeger is extremely professional and very easy to work with.
01/06/2021
We quickly had to get legal counsel and we contacted Jordan Hecht. The rapport and guidance was outstanding at all times, prompt, timely and open for calls and updates. I can’t thank Jordan enough for his care, work and expertise….
12/29/2020
Had a great experience with attorney Ross Raggio. He was professional and attentive every step of the way – would highly recommend.
12/28/2020
Mr. Ross Raggio and his team at Hecht, Kleeger & Damashek, P.C., provided excellent legal services. His team and him were absolutely great, always returning calls or emails when we had questions about the case. Always very cordial, caring and…
12/11/2020
My wife and i are very grateful to Mr. Jordan Hecht for his sincere compassion and legal assistance during one of the most challenging time in our lives. He was extremely professional and answered all of our concerns. Mr. Hecht…
12/10/2020
Very professional and very responsive. I would highly recommend this firm to anyone in need of an attorney. The attorney Ross Raggio, who was personally assigned to my case consistently followed through and was able to bring the case to…
12/08/2020
Mr. Ross Raggio went above and beyond to settle my case during the height of the pandemic, a time when my options appeared limited and the likelihood of a satisfactory resolution seemed slim. He was responsive and professional, and was…
12/07/2020
I was a sole practitioner specializing in personal injury law in NYC for more than 36 years. When I decided to retire, I had to make several critical decisions before terminating my practice. To whom should I refer my clients…
12/07/2020
Ross was always available and working with my best interests, also very thorough with any questions I had along the case. Will recommend to others!
12/04/2020
Jordan Hecht of Hecht, Kleeger & Damashek is the best lawyer I’ve ever worked with. He is smart, tough, and very professional. I highly recommend the firm and could not have asked for a better outcome.
12/03/2020
The HKD law firm is highly professional, responsive and caring. They were willing to handle my case when other firms declined. Not only did we win our case, but received a huge settlement.
12/03/2020
My representation by Jordan Hecht and the whole staff at Hecht, Kleeger and Damashek was top notch professional and very productive
12/02/2020
I have had the pleasure to work alongside Ross Raggio on several matters. He is an extremely talented attorney with an exceptional understanding of the law. I would recommend him and HK&D to anyone looking for a personal injury attorney.
12/02/2020
I came to know the firm through my relationship with one of the partners, Jordan Hecht. Jordan and I became close friends in law school. I have since referred several cases to Jordan and his firm ranging from a mesothelioma…
12/02/2020
From the moment that I contacted this Law firm and got assigned Mr. Ross. They have been nothing but helpful, Especially Mr. Ross. In the time that Mr. Ross took my case, it took him 3 months to a get…
01/21/2020
I cannot speak highly enough about this firm. The situation that necessitated my need for legal representation was very stressful on me and my family and the lawyers here were with me every step of the way. I could always…
07/05/2015
I retained Hecht, Kleeger & Damashek for a serious personal injury case. They were very professional and managed to obtain a settlement for me that far exceeded my expectations. I would strongly recommend this firm for anyone’s legal needs.
07/05/2015
After meeting a half dozen lawyers at different firms, I decided to go to Hecht, Kleeger and Damashek. As soon as I met Jon Damashek, I knew I had to look no further. Mr. Damashek made me feel at ease…
07/05/2015
After meeting with Jon Damashek I knew immediately he was the right attorney for me. I had met with other attorneys in the past, but Jon’s experience, knowledge, and track record were most impressive. I highly recommend Jon Damashek and…
07/05/2015
I know all three named partners at this firm and highly recommend them. They are very professional and tireless advocates for their clients. If you need a personal injury attorney, you cannot do better than Hecht, Kleeger & Damashek.
07/05/2015
I have worked with countless attorneys over the years and Jon Damashek stands out among them. I have seen first hand him advocate for his clients vigorously. He fights for the rights of the seriously injured, does not back down…
07/05/2015
I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise and knowledge of the law and more importantly his ability…
07/05/2015
I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome to my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
06/05/2019
I had the opportunity of having this amazing team of lawyers work on my case. When I first met with Jordan Hecht and Michael Kusz, I really liked their energy and the spunk that they had, it meant business and…
05/01/2015
“I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise, knowledge of the law, and more importantly – his ability…
05/01/2015
“I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome of my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…