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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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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$2.6M Medical Malpractice Verdict In Bethlehem
Doctor at fault for cancer misdiagnosis
Cancer is one of the most common causes of death in the United States, and failure to properly diagnose this disease can be devastating – even fatal – to the patient. When this happens, it may result in a medical malpractice charge against the healthcare givers.
A ruling by the Pennsylvania Supreme Court has ended a two-and-a-half year journey through the state courts for a $2.6 million medical malpractice verdict against St. Luke’s Hospital & Health Network and one of its gynecologists.
The case was filed in Lehigh County; the plaintiff alleged that her doctor breached the standard of care when he did not advise her to have a biopsy on what turned out to be a cancerous lump in one of her breasts.
Our attorneys have decades of experience handling complex medical malpractice cases. […]
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$1.8 Million Award Against Hyundai Following Teen’s Death
A jury in San Angelo (Texas) federal court has reached a $1.8 million award against Hyundai Motor Company in favor of the plaintiff – the father of a 19-year-old girl killed in 2007, reports GoSanAngelo. The teenager was a passenger in a car driven by her sister when the car veered off the road and rolled over. Although she was wearing a seatbelt at the time of the accident, she was thrown out through the back window of the car because her seat was too far reclined. She was pronounced dead on arrival at the hospital.
In filing the lawsuit, the father of the dead girl hopes to call on the auto industry to correct the design which allows a car to be driven with the seat reclined. Experts testified a car seat reclined past 45 degrees is unsafe and the safest position for the passenger seat is in the upright position. […]
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