Defendant | Definition

The Defendant in an injury compensation claim is the party that the injured claimant holds responsible for their injuries.

Depending on the circumstances of the injury, the defendant may not be the individual who caused the injury directly.

For example, if you have been hurt in an accident at work due to the actions of a negligent co-worker, the defendant would be your employer.

Similarly, if you were injured as the result of clinical negligence, a claim would be made against the local NHS Trust, not the NHS worker who caused your injury.

This is known as vicarious liability.

Read more about discovering who is to blame for an accident.

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Gaynor Haliday, Legal researcher