What Is a Plaintiff?
In a civil action, a plaintiff is a person who has been harmed in some way and is seeking compensation. The harm may take the form of a financial loss or physical injuries. A company may also start a lawsuit to recover damages for a loss. In some cases, the party making the claim is known as the complainant or the claimant.
Situations in which a person would become a plaintiff include cases where someone has been injured in a motor vehicle accident. If the injured party lives in a jurisdiction where he or she has the right to sue, he or she may be able to receive a monetary payment from the driver or his or her insurance company to compensate for lost wages and medical expenses. The injured person may also be entitled to a payment for pain and suffering.
A person may also become a plaintiff when he or she is seeking compensation for personal injuries caused by faulty products or medical malpractice. Legal actions may also be started to recover unpaid debts or in cases of alleged fraud. Family members might seek damages in a case of wrongful death.
When a person feels that he or she has been wronged and is looking for compensation, it is usually wise to consult a plaintiff attorney. These trained legal specialists work on behalf of clients to recover monetary damages. The attorney provides appropriate legal advice and attempts to negotiate the best possible settlement of the legal dispute for his or her client.
The attorney will prepare legal documents that set out the plaintiff's claim against the other party or parties. He or she will also arrange to have the papers served so that the person or company being sued is aware of the claim being made against them. It's not enough for the wronged party to make allegations that they have suffered the loss. He must also have evidence to support the claim being made or he will not receive money for the claim.
In cases where it isn't possible to settle the claim without going to court, the plaintiff attorney takes charge of the proceedings. The attorney presents the claimant's case first and the other party is given the opportunity to defend themselves against the allegations. If the judge determines that the wronged party is entitled to damages, he or she will enter a judgment for the plaintiff. This document states how much the defendant is required to pay to compensate the injured party.
Written by Jodee Redmond
