After you’ve been injured in an accident, you may start to hear certain terms of art. One of the most important is the term plaintiff. As the accident victim or their legal representative, it’s crucial that you understand your role in the legal proceedings. The plaintiff is the person who files the lawsuit and asks the court to award damages for their injuries. Understanding this role is the first step in protecting your rights and building a strong case.
Definition of a Plaintiff
There are different definitions for plaintiff. One is “the party who initiates a lawsuit before a court.” Another is “the party who initiates a lawsuit by filing a complaint with the clerk of the court against the defendant(s) demanding damages, performance, and/or court determination of rights.”
In the personal injury context, the plaintiff is usually the person who was injured. However, the injured person may be referred to as the “claimant” when they initially file a personal injury claim. It is not until they have filed a lawsuit that they become a “plaintiff.”
Definition of a Defendant
The terms plaintiff and defendant go hand in hand: The plaintiff is the party who sues the defendant. The defendant is the party being sued. The plaintiff alleges the defendant is responsible for their injuries in a personal injury case. The defendant can be a person, business, government agency, or other entity.
Who Can Be a Plaintiff?
To be a plaintiff in a civil case, the court must have jurisdiction over the case, and you must have legal standing. Jurisdiction is determined by the Florida Rules of Civil Procedure, which generally require that you or the defendant is a resident of the county where the case is filed or that the events leading to the lawsuit happened in the county. Legal standing means that you have the legal right to file a claim that has not been time-barred.
In a personal injury case, the accident victim is typically the plaintiff. However, if the victim suffered a disability because of the accident, their guardian might be the plaintiff. If the accident victim was a minor, their parents must step into their shoes and act as the plaintiff. Sometimes, third parties have claims, such as a spouse who is seeking damages for loss of consortium due to the accident. In a wrongful death case, the personal representative is the plaintiff.
The Plaintiff’s Legal Burden of Proof
Plaintiffs have the burden of proof. In a civil case, the burden of proof is by the preponderance of the evidence. This means that the plaintiff is responsible for showing that the facts are more likely than not as they alleged. This is usually accomplished by presenting evidence in addition to the plaintiff’s statement against the defendant. If the plaintiff can meet their burden of proof in a personal injury case, they can be awarded financial damages against the defendant.
What Does a Plaintiff Have to Prove?
Most personal injury cases are based on the legal concept of negligence. This requires the plaintiff to prove the following four legal elements:
However, most wrongful death cases are based on negligence, which is when the death happens when a person breaches a duty of care that causes the death. Common types of accidents that can lead to wrongful death claims include the following:
- Duty of care: The defendant owed the duty of care, which may arise out of a contractual relationship, a special relationship between the defendant and plaintiff, or the requirement to act as a reasonably prudent person.
- Breach of duty: The defendant did or failed to do something that violated the duty of care.
- Causation: The defendant’s breach of duty is what actually and legally caused the plaintiff’s injuries.
- Damages: The plaintiff suffered damages, such as medical expenses or lost wages, because of the accident.
The plaintiff is responsible for proving each of these elements by the preponderance of the evidence.
Examples of What a Plaintiff Must Prove
Different types of personal injury cases have different burdens of proof. Here are a few examples:
- Car accident cases: You must prove that the other driver violated traffic laws and caused the car accident. You must also prove that you suffered a serious injury to step outside Florida’s no-fault system.
- Dog bite cases: You must prove that you were legally on the property or in a public place when the dog bit you and caused your injuries.
- Slip and fall cases: You must prove the property owner had a duty of care to fix or warn you about a dangerous condition on the property, failed to do so, and you were injured as a result.
- Medical malpractice cases: You must prove that a healthcare provider’s deviation from the standard of care injured you while you were receiving medical treatment.
Our lawyers are skilled at helping plaintiffs prove their cases and their right to maximum compensation.
Contact Our Stuart Personal Injury Lawyers Today for a Free Consultation
At Kibbey Wagner Injury & Car Accident Lawyers, we only represent plaintiffs, never insurance companies. Our experienced legal team can begin by assessing your case and your legal rights during a free consultation. If you have a viable personal injury claim and decide to move forward with your case, we can investigate the accident, identify all at-fault parties, and help you navigate the legal process ahead. Contact us today at (772) 444-7000 to arrange your free, no-obligation consultation.
