What Does It Mean To Be a Plaintiff in a Personal Injury or Medical Malpractice Case?
If you’re navigating a personal injury claim for the first time, you may find yourself inundated with new and confusing legal terminology. If you’ve been hurt as the result of another person’s negligence, your legal team may be referring to you as the “plaintiff” in your case. But what’s a plaintiff and what does that mean exactly?
Here are some answers to common questions about who is considered the plaintiff in a personal injury or medical malpractice case. Learning more about the language used in lawsuits can be useful when you start your pursuit of compensation and accountability.
The plaintiff: Simple definition
In the simplest terms, the plaintiff is the person who files a lawsuit. In a personal injury or medical malpractice case, this typically looks like an injured party seeking compensation for damages caused by someone else’s negligence or wrongdoing. In some cases – particularly those involving wrongful death claims – a victim’s family may be named as the plaintiff in the case, as family members often find themselves struggling with the financial and personal ramifications of their loved one’s injuries.
On the other side of the aisle in a legal case is the defendant. The person or party being sued is called the defendant, as they must defend themselves against the claims of liability being made by the plaintiff. In short, the plaintiff in a personal injury case is the person who suffered the injuries and the defendant is the person alleged to have caused them. For example, if a distracted driver struck you, or a surgeon committed an error that injured you, and you decide to take legal action against the parties responsible, you become the plaintiff in the case.
Plaintiffs in personal injury cases
A personal injury case is typically filed by someone who has been harmed as the direct result of another party’s actions or inactions. Some accidents might be unavoidable, but many occur because someone failed to take reasonable care–resulting in unnecessary risks to others. When that failure amounts to negligence or recklessness, the responsible party may be considered liable (legally responsible) for any harm they cause.
Personal injury lawsuits are typically filed in cases involving:
- Motor vehicle accidents
- Slip and fall incidents or other injuries caused by unsafe property conditions
- Construction site accidents
- Defective or unsafe products
- Dog bites or animal attacks
- Nursing home abuse or neglect
- Wrongful death
In the scenarios outlined above, an injured party may be within their rights to file a personal injury claim if they can clearly demonstrate that the defendant violated their legal duty of care, and that their failure to exercise that care directly resulted in obvious harm to the plaintiff.
Plaintiff medical definition: Plaintiffs in medical malpractice cases
If your injuries occurred as the result of negligence in a healthcare setting, you might be wondering: In a medical malpractice case, who is the plaintiff? In the context of medical malpractice, the term plaintiff most commonly refers to the patient who brings a claim against a healthcare provider. These cases often involve doctors, nurses, hospitals or other medical professionals who cause harm to patients by failing to adhere to the accepted standard of care.
Medical malpractice cases can pose a number of legal challenges for plaintiffs and their families. There are technical considerations and confusing questions. For instance, was a surgical injury the result of an incredibly difficult procedure or a careless surgeon? Was a diagnosis incorrect because a condition was extremely rare and challenging to diagnose, or was it because the doctor negligently failed to order the correct tests? It’s always best to partner with an experienced medical malpractice attorney in these claims so that you have the resources to pursue them properly.
Damages for plaintiffs in personal injury and malpractice cases
Personal injury and medical malpractice cases are specifically intended to help victims fight for the compensation they need to offset the high costs that often result from injuries. The compensation sought by plaintiffs for their injuries is typically referred to as “damages” and may cover economic and non-economic losses like:
- Hospital bills
- Long-term medical expenses
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Therapy costs
- Disability or disfigurement
- Emotional distress
Filing a lawsuit can be a powerful step toward healing and justice, but it also requires patience, evidence and the support of a skilled legal team if a plaintiff wants to maximize their final settlement amount.
Do I have to hire an attorney for my personal injury or medical malpractice case?
While injured parties are not required to hire a lawyer to handle their personal injury or malpractice case, it is highly advisable that plaintiffs in these cases partner with experienced legal representation to improve the likelihood of a win. Working with an attorney can help ease the administrative burden associated with filing a lawsuit while arming plaintiffs with the best possible information and resources to fight for justice.
Plaintiff attorney definition: your legal advocate
Put simply, a plaintiff’s attorney fights for them. If you choose to move forward with a personal injury or medical malpractice claim, your attorney will represent you and your interests in a civil lawsuit. Personal injury and medical malpractice attorneys work on behalf of individuals rather than on behalf of the state or a corporation, which means they can provide meticulously-tailored legal services to clients from all walks of life.
Many of these attorneys work on a contingency basis, which means they only get paid if the case ends in a win. This means personal injury and malpractice lawyers are uniquely positioned to fight for the best interests of their client by delivering responsive, accessible legal services throughout the duration of a case.
What to expect after hiring an attorney
Once you’ve hired a personal injury or medical malpractice attorney, you can expect them to take the lead on investigating your claim, gathering evidence and communicating with insurance companies or the court on your behalf. After you contact a personal injury or medical malpractice attorney, you will likely go through the following steps as you pursue your claim:
Step 1: Initial consultation
You will often start the process by scheduling a consultation with a plaintiff’s attorney. During an initial consultation, the attorney will likely evaluate your case, explain your rights and advise you of the most appropriate next steps based on the facts you provide.
Step 2: Investigation and filing
Your attorney will investigate the facts of your case by reviewing medical records, interviewing witnesses and potentially consulting with medical or accident experts. Once they have enough information to corroborate your account of the incident and its impact, they will file a legal complaint to officially begin the lawsuit.
Step 3: Discovery
“Discovery” is the formal process during which both sides in a lawsuit exchange information and gather evidence leading up to a trial. The discovery phase of your case may involve depositions, written questions and expert analysis to ensure all legal bases are covered prior to moving forward with your suit.
Step 4: Settlement negotiations or trial
Most cases settle before ever going to trial. In fact, some courts may require parties in personal injury or malpractice cases to participate in mediation before proceeding to trial, depending on the jurisdiction and specific case circumstances. However, mediation is not always required, and may not always result in a mutually-agreeable outcome. If an agreement can’t be reached out of court, your attorney will take the necessary next steps to initiate formal legal proceedings and handle all the tasks associated with representing you in court.
Step 5: Verdict and settlement collection
If the judge or jury in your civil case determines that the defendant in your case was most likely responsible for your injuries, they may render a judgment in your favor. Based on the information presented in court, the judge or jury will determine how much compensation is appropriate in your case and order the defendant in your case to pay any and all damages awarded. In some cases, additional enforcement actions must be taken to ensure you receive your settlement, but an experienced attorney can help you navigate this process if necessary.
Think you may have the basis for a claim?
Navigating a personal injury or medical malpractice case can be overwhelming, especially when you’re dealing with the conflicting demands of the legal system and your recovery process. Thankfully, an experienced plaintiff attorney can support you and your family throughout this trying time by handling the brunt of the legal burden on your behalf. After all, what’s a plaintiff in court without a first-rate legal team?
If you’ve suffered harm at the hands of another individual or while under the care of a medical professional in Ohio or Kentucky, the compassionate injury lawyers at Crandall & Pera, LLC are here to help. Our trusted local teams know what it takes to effectively represent plaintiffs in a variety of personal injury claims and are standing by to help you take the next important steps in your healing journey. Give us a call today or contact us online for a free consultation.