Plaintiff

What is a Plaintiff?

A plaintiff is the individual suing in a court or legal case, typically the injured party. They are the person or party who initiates a lawsuit in a court of law by filing a complaint against one or more defendants, alleging that they have caused harm or violated the plaintiff’s legal rights. 

According to Black’s Law Dictionary, a plaintiff is “the party who brings a suit in a court of law.” As such, the plaintiff is seeking a legal remedy for their grievance, which could include monetary compensation, an injunction, or other court orders to address the harm caused.

Beyond themselves, the decisions in a plaintiff’s case has the power to bring about positive change. The plaintiffs in Brown v. Board of Education, challenged and rectified racial segregation in public schools. However, because they bring the case, which can have a significant impact, the plaintiff has the burden of proof. This means it is the plaintiff’s duty to  establish the facts of the case and demonstrate that the defendant’s actions have caused harm, typically through the presentation of evidence and legal arguments.

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Asbestos Exposure Lawsuit Leads to $10 Million Settlement from U.S. Engineering Company

Asbestos exposure in Missouri courthouse leads to lawsuits

The family of a Missouri woman who died from mesothelioma, a cancer caused by exposure to asbestos, has been awarded $10 million in a settlement with U.S. Engineering Company for mishandling asbestos in the Jackson County Courthouse in Kansas City, Missouri.

The lawsuit claimed U.S. Engineering did not follow the proper rules and procedures when handling asbestos, and that now, significant amounts of asbestos still remain in the courthouse.   The lawyers for the plaintiff claimed there has been “significant accumulations of asbestos dust in and around the heating and air conditioning systems at the Courthouse for a number of years.”

The woman worked for 27 years in the Jackson County Courthouse.

In addition, a class action lawsuit has been filed for anyone that worked in the courthouse on a daily basis who may have been exposed to asbestos dust from 1983 to the present. […]

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Pennsylvania Woman Awarded $23 Million in Medical Malpractice Case

WFMZ-TV reports a Lehigh County, Pennsylvania jury has awarded a Lehighton woman $23 million in a medical malpractice case.  The woman had both legs amputated after her home care nurse failed to evaluate and report an infected catheter for appropriate treatment.

The lawsuit alleged the delay in reporting the infection led to a bloodstream infection that ultimately required the woman’s legs to be amputated below the knees.

The jury found the nurse and her employer, St. Luke’s Miners Memorial Home Care, negligent in caring for the plaintiff.

A spokesman for St. Luke’s said, “As with all malpractice cases, this is a complicated situation, but the resultant jury award is excessive and shocks the conscience.”  The spokesman did not indicate if they would appeal the verdict.

If you or a loved one has been harmed by a form of medical negligence, […]

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San Diego Man Awarded $2.4 Million in Asbestos Exposure Lawsuit

A San Diego Navy Veteran who was diagnosed in 2010 with mesothelioma, an asbestos-caused cancer, was awarded $2.4 million in damages after his disease was found to be attributed to his work in ship boiler rooms.

The lawsuit, filed against John Crane, Inc., claimed the plaintiff was exposed to asbestos while serving in the Navy from 1961 to 1971 in his work in the maintenance and repair of boilers, pumps and valves.  The suit claimed John Crane made some of the asbestos-containing packing material and gaskets in the equipment.

The total damages of about $2.4 million include nearly $1.4 million in noneconomic damages and $450,000 for loss of consortium.  The jury found John Crane five percent liable, the Navy and insulation companies 57 percent at fault, some manufacturers and suppliers 37 percent at fault.  The plaintiff himself was found to be one percent at fault. […]

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$322 Million Awarded To Man Over Asbestos Exposure

Negligent companies were aware of the cancer-causing nature of their asbestos product

In what is believed to be the largest award in a single plaintiff’s asbestos case, a jury has awarded $322 million to a 48-year-old man who is suffering from asbestosis and has to be on oxygen 24 hours a day.

The jury awarded $300 million in punitive damages and $22 million in actual damages and found the defendants were liable for defectively designing their product and failing to provide an adequate warning to workers.

The lawsuit, filed against Chevron Phillips Chemical Company and Union Carbide Corp., states the man worked in the oil field from the age of 16 in 1979 to the mid-1980s and mixed an asbestos drilling additive. It was during this time, the lawsuit claims, he inhaled the harmful substance.

The drilling mud was manufactured by Union Carbide and sold by Chevron Phillips. […]

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Driver Dies In Crash – Widow Sues Business For Serving Too Much Alcohol

Pennsylvania’s The Times Tribune reports the widow of a 29-year-old man killed in a one-car accident in February has filed a wrongful death lawsuit alleging businesses over-served her husband alcohol.

The suit was has been filed against Valley Bowling Lanes Inc., Champion’s Lounge, Inc., and Bowl Credit, Inc., Carbondale Twp; and Chico’s Lounge Inc., Mayfield and alleges the businesses should have known her husband was intoxicated and unable to drive home the night of his accident.  It states the businesses’ bartenders, bouncers and/or managers failed to fulfill their responsibilities.

A minor son is also named as a plaintiff in the lawsuit which is seeking more than $50,000 plus interest and other court costs in addition to punitive damages.

The Scranton, Pennsylvania attorneys of Munley Law Personal Injury Attorneys have years of experience representing the survivors of wrongful death victims.   For a free consultation of your legal claim throughout the state of Pennsylvania, […]

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