Plaintiff

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How is “Plaintiff” Used in Personal Injury Law?

Personal injury lawyers, legal documents, and defending attorneys will refer to the person who filed the claim as the “plaintiff.” In personal injury cases, the plaintiff must prove negligence and prove that the negligence directly caused an injury that led to losses (see Causation).

Famous Plaintiffs in Personal Injury Cases

Tracy Morgan v. Wal-Mart

In 2014, actor and comedian, Tracy Morgan, was in a devastating accident with a Wal-Mart truck. The driver of a Wal-Mart truck had not slept in over 24 hours and caused the accident with Tracy Morgan’s limo. Morgan suffered a traumatic brain injury (TBI) and was in a coma for two weeks. His friend, comedian Jimmy Mack (James McNair) died due to the accident. Although a separate suit was filed by McNair’s family, Tracy Morgan filed his own suit, claiming losses from his severe injuries was due to Wal-Mart’s negligence in monitoring drivers and safe driving policies. While the case in which the McNair family were the plaintiffs ended in an undisclosed settlement, the case in which Tracy Morgan was the plaintiff resulted in a $90 Million settlement.

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When is “Plaintiff” Used in the Legal Process?

The term “Plaintiff” is used throughout the legal process. Because it identifies the person making the claim against the defendant, it is used in legal documents and discussions as well as negotiations. From the time a personal injury claim is filed until an out-of-court settlement or verdict is made, the person who brings the legal claim forward may be referred to as the plaintiff or by their name.

In cases in which the personal who wishes to file the claim wishes to remain anonymous, they will usually be referred to as the plaintiff or John/Jane Doe throughout the legal process.

Is “Plaintiff” used in Kentucky Personal Injury Law?

Yes! In Kentucky personal injury law, the term “Plaintiff” is used as an identifier for the person who is making the claim. The plaintiff doesn’t necessarily have to be the victim, but injury victims in Kentucky can be plaintiffs, if they make the claim.

Is “Plaintiff” used in Tennessee Personal Injury Law?

Yes! Tennessee personal injury law uses the term “Plaintiff” to refer to the person who filed the injury claim. In many cases, the plaintiff is the victim of the injury or a member of their family, in cases of wrongful death.

How Does Hughes & Coleman Injury Lawyers Use “Plaintiff”?

The term plaintiff is used throughout Hughes & Coleman’s legal process. Our experienced personal injury lawyers will refer to their clients as the plaintiff in legal documents such as the demand letter. Additionally, our injury attorneys in Tennessee and Kentucky may use “plaintiff” in negotiations with insurance companies but may find using the clients name is more helpful.

Lee Coleman

ATTORNEY, MANAGING PARTNER, & CO-FOUNDER

Mr. Coleman is now the Managing Partner and majority owner of Hughes and Coleman Injury Lawyers, a firm he co-founded in 1985 with J. Marshall Hughes. The firm has grown for over 40 years, and we currently have over 30 attorneys and multiple offices across Kentucky and Tennessee, as well as an affiliate firm in Albuquerque, New Mexico.

Mr. Coleman’s efforts and accomplishments have been widely recognized, including being named as a Kentucky Super Lawyer in Personal Injury since 2012, and being awarded an AV Rating, the highest rating given, by the nation’s preeminent Attorney Rating service, Martindale- Hubbell®.

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Frequently Asked Questions About Plaintiffs

Does plaintiff mean victim?

No. The terms plaintiff and victim cannot always be interchanged. The victim is someone who was injured. That victim doesn’t become a plaintiff unless he or she files a claim against the defendant. In some personal injury cases a family or representative of the victim can be the plaintiff.

What is Plaintiff vs Defendant

The plaintiff is the person or group of people who file the claim, whereas the defendant is the person(s), business, or government entity the claim is filed against. The plaintiff has the burden of proof, which means they have to prove their case, and the defendant must defend themselves against the claim.

What is another word for plaintiff?

There are several different words for “plaintiff” in law. These include complainant, appellant, and accuser. In cases where the injured party is also the plaintiff, the plaintiff may also be considered a victim.

What evidence does a plaintiff need?

In order for a personal injury case to have a successful outcome, the plaintiff must prove that the defendant had a duty of care toward the plaintiff. Then, they must prove there was a breach of that duty (a negligent act). Next, they must prove that an injury occurred due to that breach of duty. Finally, the plaintiff must prove that the injury led to losses.

Does a plaintiff need a lawyer?

Plaintiffs do not need an injury lawyer to prove their case. However, in many personal injury cases, a plaintiff may find that having an experienced attorney can help them get the compensation they deserve, because personal injury lawyers have the means to properly collect evidence for the plaintiff, review medical records, and negotiate with insurance companies.

Can there be more than one plaintiff in a personal injury case?

Yes. Personal injury cases in which two or more people were injured or suffered losses from the same event or neglect can file a single claim against the negligent party.

Do you have to be 18 to be a plaintiff in a personal injury case?

Children under the age of 18 can be the plaintiff in a civil lawsuit; however, they must have a parent, legal guardian, guardian ad litem, or another representative to manage the case on their behalf.