When you hear the term plaintiff, it simply refers to the person who initiates a lawsuit. The plaintiff in a personal injury case is typically the injured party seeking compensation from another person or entity known as the defendant. Understanding the role of a plaintiff is essential if you are considering filing a personal injury claim or lawsuit.
Who Can Be A Plaintiff?
A plaintiff in a Lafayette personal injury case is typically the person who suffered physical, emotional, or financial harm due to someone else’s negligence. However, the term is not limited to individuals alone.
A plaintiff could also be:
- An adult injured in a car accident, slip and fall accident, or other incident
- A parent or legal guardian filing a personal injury lawsuit on behalf of an injured minor
- A representative of an estate in a wrongful death case
A plaintiff must have legal standing, which means a legitimate interest in the case’s outcome and the right to seek redress.
Who Has The Burden of Proof?
Plaintiffs in civil cases have the burden of proof, at least initially. That means that it is up to the plaintiff to prove that the defendant is liable for their injuries. Unlike in criminal cases, where guilt must be proven “beyond a reasonable doubt,” civil cases require a lower standard of proof known as by the “preponderance of the evidence.” This means showing that your version of events is more likely true than not.
Most personal injury cases are based on negligence (carelessness). To successfully prove a personal injury claim involving negligence, you must typically show four elements by a preponderance of the evidence. This includes:
- Duty of care: You must show the defendant had a legal obligation to act with reasonable care.
- Breach of duty: You must show the defendant failed to meet that obligation.
- Causation: You must show that the breach directly and proximately caused your injuries.
- Damages: You must show that you suffered actual harm, such as medical bills, lost wages, and pain and suffering.
A qualified personal injury lawyer can help you meet the burden of proof in your case.
What Does a Plaintiff Need To Do?
Filing a personal injury claim involves more than just telling your story. Plaintiffs play a key role in building and supporting the case, such as:
- Gathering evidence: Plaintiffs are expected to provide evidence that supports their claim, such as medical records, photos of injuries or accident scenes, witness statements, police reports, or pay stubs showing lost income.
- Working with an attorney: Most plaintiffs hire a personal injury lawyer to handle their case. The plaintiff is expected to be honest, responsive, and cooperative so their team can recover maximum compensation on their behalf.
- Attending medical appointments: Ongoing medical treatment helps establish the extent of the injury and related damages. Missing appointments or failing to follow a doctor’s advice can harm the case.
- Participating in legal proceedings: A plaintiff may need to participate in depositions, mediations, settlement conferences, or even testify at trial if the case goes that far.
You can schedule a free consultation with a personal injury lawyer to discuss your case and what you may need to do.
What Damages Can a Plaintiff Recover?
A successful plaintiff in a personal injury case may be awarded compensatory damages to help make them “whole” again. These can include:
- Economic damages: Compensation for medical bills, rehabilitation costs, lost income, property damage, and other measurable expenses.
- Non-economic damages: Compensation for pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.
- Punitive damages: These damages generally are not available in Louisiana personal injury cases, but there are rare exceptions, such as car accidents involving a drunk driver.
The amount a plaintiff may recover depends on the severity of the injuries, the strength of the evidence, and other factors. A Lafayette personal injury lawyer can help you fight for maximum compensation.
How Long Does a Plaintiff Have To Pursue a Personal Injury Claim in Louisiana?
Plaintiffs must act within a specific time frame, known as the statute of limitations, to file a personal injury lawsuit. The deadline for personal injury cases in Louisiana is just two years from the date of your injury, but exceptions may apply.
Missing the deadline can result in the case being dismissed, regardless of how strong the evidence is. That is why it is important to consult with a lawyer as soon as possible if you have been injured.
Set Up a Free Consultation With a Lafayette Personal Injury Lawyer Today
Being a plaintiff in a personal injury case may feel overwhelming, especially if you are still recovering from injuries. If you have been hurt due to someone else’s negligence or other wrongdoing, do not wait to explore your options. A Lafayette personal injury attorney at Kenny Habetz Injury Law can help you understand your rights, assess your claim, and represent your interests every step of the way.
Schedule a free consultation today or call us at (337) 399-9000 to get started with your case.
