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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$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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Ford Motor Company to Pay Paralyzed Woman $23.4 Million
ABC News reports a woman has been awarded $23.4 million by a California jury against Ford Motor Company following a 2007 accident which left her a quadriplegic.
The woman lost control of her Ford Explorer when the tread separated from her rear tire causing her car to roll three times down an embankment. She was left with both of her legs and most of her body paralyzed.
The lawsuit alleged flaws in the 1997 Explorer’s design caused it to lose control when the tire treads separated. Ford argued the accident was caused by worn-out tires.
The jury returned a unanimous verdict for the plaintiff.
If you have been injured or a loved one killed in a vehicle accident that was caused by another person’s carelessness or recklessness, you may be able to recover damages that include medical costs, […]
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$10 Million Awarded to Amputee in Houston Medical Malpractice Lawsuit
Man has leg, fingers, and toes unnecessarily amputated due to botched procedure
According to the Houston Chronicle, a Harris County jury has awarded a Houston man $10 million in a lawsuit filed against Methodist Hospital and the doctors who treated him there.
In 2002, the man underwent heart surgery for an improperly functioning valve. After the surgery, he developed gangrene and had to have multiple amputations, including his left leg above the knee, his fingers and the toes on his right foot.
The lawsuit alleged Methodist Hospital failed to monitor the patient properly for blood disorders after they administered the drug Heparin. Heparin is a widely used blood thinner that is known to have side effects including immunological reactions that cause excess bleeding. This, alleged the plaintiff, resulted in the development of gangrene.
If you or a loved one in Pennsylvania has been harmed by a medical mistake, […]
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