Plaintiff: Legal Definition
Posted on February 11, 2019 | Categorized:
The plaintiff is the party who accuses someone else of wrongdoing in a civil case. They take legal action against the alleged at-fault party, known as the defendant. The plaintiff accuses the defendant of acting recklessly or carelessly, causing the plaintiff to suffer physical harm and financial losses.
The plaintiff’s goal in taking this type of legal action is to recover compensation to cover their expenses and losses related to their accident and injuries, including both economic and non-economic damages.
What Does a Plaintiff Do?
The plaintiff, usually with help from their attorney, pursues compensation after they suffered injuries and financial damages in an accident or incident. It may be possible to recover damages by filing a case in civil court and presenting a strong argument to show the defendant acted negligently and should be held accountable for their actions.
Our team of lawyers represents plaintiffs in a wide variety of injury accidents, including:
- Birth Injuries
- Car Accidents
- Medical Malpractice
- Slip and Fall Accidents
- Tire Accidents
- Wrongful Death
Recoverable Damages for a Plaintiff in a Florida Personal Injury Lawsuit
If a plaintiff and their legal team are successful in proving negligence and liability against the defendant, the court will issue a verdict in their favor. As a part of this verdict, the Judge will announce a payout amount based on the facts of the case. This could include many types of expenses and losses the plaintiff suffered, including:
- Medical care costs
- Ongoing and future care costs
- Lost wages and diminished earning capacity
- Out-of-pocket expenses
- Property damages
- Pain and suffering
- Wrongful death
The Plaintiff Carries the Burden of Proof in a Civil Case in Florida
It is important to note that a plaintiff carries the burden of proof in a civil lawsuit. This means that when we take legal action in your case, it is up to us to build a strong argument to support the payout you deserve. The burden of proof in a personal injury lawsuit requires us to prove liability based on “a preponderance of the evidence.”
To meet this burden, we need to prove:
- The defendant acted negligently; and
- This negligence caused your injuries, so they are liable; and
- You suffered physical injuries and financial losses as a result; and
- The expense related to the damages you suffered
To build a solid case on your behalf, we investigate every case we handle. We identify and analyze evidence to learn as much as we can about how you suffered injuries, the injuries you experienced, and why the accident occurred. This allows us to present a narrative that shows negligence, liability, and your damages and meets the necessary burden of proof.
Talk to a Personal Injury Attorney in Florida
If you suffered injuries in a Florida accident, the team from Chalik & Chalik Injury Lawyers can review your case for free. When you work with our team, you work with our partners directly. Our attorneys can file a case on your behalf and pursue the damages you deserve.
Call us today at 855-529-0269 to get started with your free initial consultation.