The term plaintiff is most commonly used in civil cases such as personal injury – where someone is seeking compensation in the form of monetary damages.

In a lot of our posts, you will see us referring to the plaintiff and the defendant. We here at Silverthorne Attorneys exclusively represent the plaintiff. A plaintiff is the person or persons who begin a lawsuit. Most plaintiff’s do so by filing legal petitions with the court. The plaintiff is anyone who has suffered any harm – bodily, emotionally, etc. – due to the actions of the defendant. The plaintiff is anyone who is affected emotionally and physically by what happened in an incident. The plaintiff can also be a bystander, witness, or family member of the injured party. If someone dies or becomes incapacitated due to their accident, the estate, guardian, or close family members can step in and sue the defendant on their behalf.

The Plaintiff

  • Any number of people or organization can be the plaintiff. We mostly see people who have been injured in car accidents, injured by dog bites, food poisoning, slips and falls, etc.
  • All of the plaintiffs have in common one major thing: they were negatively affected by the defendant’s actions, or lack thereof, and are seeking compensation for their injuries.
  • Each case is unique. Some cases have only one plaintiff, other cases have multiple. It depends on the scope of the case, how many people were injured, and who was affected in the incident.
  • A plaintiff becomes a plaintiff by filing a claim against one or more defendants.
  • The defendants then have a limited amount of time to respond to the complaint by filing an answer or a motion to dismiss.
  • If an answer is filed, the plaintiff and defendant proceed to the discovery phase of the process.
  • Each state has a statute of limitations.
  • Most types of civil cases have a built-in deadline known as the statute of limitations. This deadline is usually 1-3 years after the injury occurs.

If a plaintiff files their complaint before the statute of limitations runs out, the case can proceed as planned. But if the plaintiff does not file until after the statute of limitations deadline has passed, the case can be dismissed from court and the plaintiff will be prevented from filing it again.

If you have been injured due to the negligence of another, please to not hesitate to speak to an experienced personal injury lawyer at Silverthorne Attorneys. We specialize in helping plaintiff’s get the compensation they deserve after they have been injured. Consultations are free!