A plaintiff attorney will represent you in court to ensure you receive a fair amount of financial compensation. They will help you with your medical bills, lost wages, and other damages.
They will file a civil complaint, conduct discovery, and research laws relevant to your case. They will also present arguments persuasively at trial.
Hold the negligent party responsible
A plaintiff attorney will help you hold the negligent party responsible for a claim. Someone else’s careless actions caused your injury, property damage, and loss of wages. They will help you get compensation for all of your losses.
When a lawsuit is filed, the plaintiff must meet a burden of proof based on evidence and witness testimony. The specific standard is called “preponderance of the evidence,” meaning there is a greater than 50% chance that the claim is true.
Depending on the circumstances of your accident, several people or entities might be held accountable. For example, if a drunk driver injured you, the bar serving them might be liable under state dram shop laws. The manufacturer of the driver’s car might also be liable under product liability laws.
An attorney will conduct a comprehensive investigation to find everyone at fault. They will then file a complaint against the negligent party, a formal court document stating what happened and the extent of your injuries and damages. The plaintiff’s attorney will bargain with the defendant’s insurance provider to pay you fairly. If they cannot reach an agreement, they will prepare for trial.
Fight for fair compensation
What is a plaintiff attorney does? If you’re a plaintiff in a lawsuit, it is your job to prove that the defendant’s actions caused you harm by a preponderance of evidence. The attorney for the plaintiff has to build a strong case and present the most compelling arguments to a jury to secure the compensation you deserve.
Your attorney will review the details of your claim and determine if you have a valid case against the defendant. Then, they’ll work with you to decide how much to demand damages. It’s important to remember that you’re not required to accept any settlement offer if you don’t think it’s fair.
When a defendant is served with a complaint, they have 20 days to file an official response called an answer. In their answer, they’ll deny or admit each allegation in the complaint. They may also include counterclaims or defenses.
Regardless of their side, both plaintiff and defense attorneys must have excellent analytical and communication skills and a thorough understanding of the legal system and relevant laws and regulations. They should always act ethically with their clients and the other parties involved in litigation proceedings and strive to serve justice diligently.
Seek out justice
A plaintiff attorney must always seek out justice. It is especially true for personal injury cases involving damages that cannot be quantified. In this type of case, a jury must weigh the defendant’s actions and their resulting harm against what was suffered by the plaintiff. It is known as a preponderance of the evidence. The plaintiff’s attorney must present a compelling argument and gather supporting facts and testimonies to demonstrate that the defendant’s negligence caused harm to a sufficient degree.
The plaintiff’s attorney is also responsible for advising the client on structured settlements. It includes consulting with or referring to structured settlement professionals (e.g., structured settlement consultants, life care planners, IRC Section 468B professionals, and financial planners) and discussing options for periodic payments.
Litigation attorneys can assist with various disputes, including breach of contract, shareholder disputes, business torts, misuse of trade secrets and confidential information, and lease disputes. In addition, they can help clients with civil rights litigation and other types of federal and state court litigation.
A lawsuit involves many aspects, from the initial complaint to the jury selection process to the final verdict. As a result, numerous terms can be confusing. A plaintiff attorney must explain unfamiliar terms to their clients, so they can understand what is happening throughout the legal process.
Assume the risk
Defendants often use the assumption of risk defense in personal injury cases, arguing that if you knowingly participate in an activity that may be dangerous, you should assume any foreseeable risks associated with it.
However, this is not an absolute defense against liability. For instance, using this defense cannot be easy if the defendant acts negligently and significantly increases the risks of inherently risky activity. Also, the assumption of risk doctrine doesn’t apply to intentional acts, such as if someone purposefully causes you harm. Therefore, it is important to review these issues on a case-by-case basis.
