In the court system, the two sides in a personal injury case are referred to as the plaintiff and the defendant. The plaintiff is the individual, family, or party who has suffered due to an injury. For instance, in a car accident case, the injured party is the plaintiff. Similarly, in cases of nursing home abuse, the victim of the abuse or their family members may act as the plaintiff. An effective way to remember the term is to think of a personal injury claim as a formal “complaint” regarding the injury, with the person filing the complaint being the plaintiff.

When Can Family Members Act as Plaintiffs?

Typically, the individual who was harmed is the one who files the personal injury claim. However, there are two primary situations where family members can act on behalf of the injured person:

• Wrongful Death Cases: If an individual dies as a result of an injury or succumbs to their injuries later, it constitutes a wrongful death claim. In such cases, surviving family members have the right to pursue financial compensation for their loss. Additionally, a family can also file a claim for a relative who passed away due to unrelated reasons, although this is not classified as “wrongful death.”
• Incapacity of the Injured Party: If the injured individual is unable to represent themselves due to mental incapacity, such as advanced Alzheimer’s disease, or if they are in a coma, family members can file a claim on their behalf. For example, if a father suffers from Alzheimer’s and is injured in a car accident, his adult children could potentially take action.

How Does the Plaintiff Start a Personal Injury Case?

To initiate a lawsuit, the plaintiff must complete the necessary legal forms and submit them to the court. Each jurisdiction has specific rules regarding how forms should be filled out, filed, and served upon the defendant. Therefore, it is highly advisable to consult with a qualified attorney to ensure that all documents are correctly prepared and submitted on time.

In Connecticut, the plaintiff must also pay a filing fee when submitting the initial set of documents. Once filed, the court will stamp the documents with the filing date. Importantly, the lawsuit does not officially commence until the plaintiff serves the defendant with copies of the documents, which can be done via a licensed process server or another individual who is not involved in the case. Following service, the plaintiff must file an “Affidavit of Service” with the court to confirm that the defendant has been notified.

What Must the Plaintiff Prove in a Personal Injury Case?

In personal injury cases, the burden of proof lies with the plaintiff. Unlike criminal cases that require proof “beyond a reasonable doubt,” personal injury cases must be proven on a “preponderance of the evidence.” This means that a reasonable person reviewing the facts would conclude that the plaintiff is likely correct. Meeting this standard is generally easier than in criminal cases.

However, the responsibility for proving the facts rests solely on the plaintiff. If they fail to establish their case adequately, the court may deny any financial recovery. This underscores the importance of having a skilled attorney by your side throughout the process.

Contact Etemi Law for Assistance

If you or a loved one has been injured in Connecticut, Etemi Law is here to help. Our experienced team of personal injury attorneys understands the complexities of these cases and is dedicated to fighting for your rights. We offer a free consultation to discuss your situation and explore your legal options.

Don’t navigate this challenging time alone. Contact us today at 203-409-8424 to schedule your free consultation with a knowledgeable personal injury lawyer. Let us help you seek the justice and compensation you deserve.