In personal injury cases, the plaintiff is the person who files a lawsuit after suffering damages because of someone else’s alleged negligence. A plaintiff aims to prove that the other party, called the defendant, was responsible for their accident and should compensate them for their losses, such as medical costs and lost earnings.
Meanwhile, the defendant will typically try to refute the plaintiff’s claims and deny responsibility for the accident. Accident lawsuits can be complex, so plaintiffs should secure an experienced personal injury lawyer as early as possible.
Claimant vs. Plaintiff
It’s worth noting that injury victims typically seek compensation through a personal injury claim before going to court. An insurance claim is a faster, less expensive, and more convenient way for both sides to settle a conflict.
The person bringing forth a personal injury claim against an insurance company is called the claimant. Like a plaintiff, the claimant is the injured party asking for compensation.
If the insurance company denies responsibility or refuses to issue a reasonable settlement offer, or if the insurance limit isn’t enough to cover the victim’s losses, the claimant may decide to go forward with a lawsuit and become a plaintiff.
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What Plaintiffs Need To Prove
In personal injury cases, the burden of proof is on the plaintiff. A personal injury plaintiff will need to show that:
- The defendant owed them a duty of care
- The defendant breached this duty by either doing or failing to do something
- This breach of duty caused the plaintiff’s accident
- The accident led to tangible damages like medical costs, missed days at work, damage to the plaintiff’s car, etc.
For example, all motorists have a duty to drive carefully and make a reasonable effort to prevent car accidents. A plaintiff injured in a car crash may try to show that another driver’s actions, like speeding or tailgating, caused the accident, which led to consequences like serious injuries, hospitalization, and lost wages.
It’s important to note that while the burden of proof is on the plaintiff in personal injury cases, that burden is slightly less than the burden of the government to prove criminal charges. In a criminal case, the accused must be guilty “beyond a reasonable doubt” for a conviction to occur. In many civil cases, the plaintiff must simply prove that the defendant was “more likely than not” negligent in the case.
Important Evidence in Personal Injury Cases
Personal injury plaintiffs usually lean on evidence like police reports, photos and videos of the accident scene and the injuries, witness statements, and medical records. The evidence must be watertight because the defendant and their attorney will look for loopholes to deny fault.
In some situations, the attorney handling the case may recommend enlisting professionals, like forensic analysts or accident reconstructionists, to give their opinion as witnesses. The input of a professional authority can help a court gain a clearer picture of how the accident happened.
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When a Defendant Becomes a Plaintiff
As the accused in a personal injury case, the defendant will respond to the plaintiff’s allegations and present their counterarguments. The defendant may try to prove that they didn’t cause the accident or dispute the extent of the plaintiff’s injuries.
The defendant may also become a plaintiff by issuing a counterclaim against the original personal injury plaintiff. For example, the defendant may accuse the plaintiff of misrepresentation or fraud if they believe the plaintiff falsified their losses. The defendant may also argue that a third party, like another driver or a product manufacturer, is responsible for compensating the victim.
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Available Compensation for Plaintiffs
Personal injury plaintiffs may claim compensation for economic and non-economic losses. In some cases, courts may also award punitive damages to the victim.
Economic Damages
Economic or special damages include all the plaintiff’s losses to which it’s possible to attach a set cash value. Past and prospective medical costs, lost wages, and vehicle repair costs all fall under this definition.
Non-Economic Damages
In contrast, non-economic or general damages are the intangible losses the plaintiff suffered because of their injury. These include physical pain, scarring or disfigurement, emotional distress, and losing the ability to do things the plaintiff enjoyed before their accident, like traveling or sports.
Punitive Damages
In some cases, if the plaintiff can prove egregious negligence or malicious conduct on the defendant’s part, the court may order the defendant to pay punitive damages. Unlike economic and non-economic damages, which aim to compensate the plaintiff, the primary goal of punitive damages is to punish the defendant and warn others against similar wrongdoing.
Potential Outcomes for Personal Injury Cases
Personal injury cases may end with:
- A settlement agreement before trial
- A trial in which the court decides in either side’s favor
- In some situations, a case dismissal
The first scenario is the most common for personal injury cases. A mutually acceptable agreement is usually the optimal solution for both sides since it saves time and stress and wraps up the case with no possibility of further action.
Do Plaintiffs Need a Lawyer?
Although personal injury plaintiffs can choose to self-represent in court, it’s highly inadvisable. A plaintiff’s chances of successfully settling their case will be better with an experienced lawyer. The defendant will almost certainly hire legal representation, so the injured person should have a lawyer to stand up for their rights.
While personal injury cases typically settle before trial, it’s important to work with an attorney who has strong courtroom skills. The other side is more likely to offer a fair compromise when they know the plaintiff’s lawyer is ready to proceed to trial.
Personal injury lawyers work on a contingency basis, meaning that the lawyer’s fee comes out of the plaintiff’s award when they resolve the case.
About the Company
Accident Hotline is a network that connects injured people with experienced accident attorneys in all 50 states. With Accident Hotline, a personal injury plaintiff can easily find the right legal professional to handle their case.
Call (888) 340-7454 or contact the Accident Hotline team online for a free consultation.
For a free consultation, call 888-340-7454