The Roles in a Personal Injury Case: Plaintiff vs. Defendant

In the Connecticut court system, personal injury cases involve two main parties: the plaintiff and the defendant. The plaintiff is the individual, family, or group who has been wronged or injured. For instance, in a car accident case, the injured party becomes the plaintiff. Similarly, in cases of nursing home abuse, the abused individual—or their family members—would act as the plaintiff.

An easy way to remember this is to think of the plaintiff as the person filing a formal complaint about their injury. They are the ones initiating the legal process to seek justice and compensation for the harm they have endured.

When Can Family Members Act as the Plaintiff?

Generally, the person who was directly harmed by the injury acts as the plaintiff. However, there are two key scenarios where family members can step in:

• Wrongful Death Cases: If the injured individual has passed away due to their injuries, the family can pursue a wrongful death claim. This allows them to seek financial compensation for the loss they have suffered. Even if the death was unrelated to the initial injury, the family may still handle claims on behalf of the deceased.
• Incapacity: If the injured party is mentally or physically incapable of handling their claim, family members may act on their behalf. For example, if a person suffers from advanced Alzheimer’s or is in a coma after an accident, their family members can file the claim for them.

It’s important to note that if the injured person is alive and mentally sound, they are typically the only ones who can file a claim. However, family members can still play a crucial role in supporting and encouraging the individual to take legal action to protect their rights.

How Does a Plaintiff Start a Personal Injury Case?

To begin a personal injury lawsuit in Connecticut, the plaintiff must complete specific paperwork and file it with the court. Each jurisdiction has its own rules regarding how these documents should be formatted, filed, and served to the defendant. Because of this complexity, it’s wise to work with an experienced attorney to avoid missing critical deadlines or making procedural mistakes.

The process involves:

• Filing the necessary documents with the court along with a filing fee.
• Having the court stamp the documents with the official filing date.
• Serving the defendant with hard copies of the documents, which must be done by a licensed process server or another qualified individual.
• Filing an “Affidavit of Service” with the court to confirm that the defendant has been served.

What Does the Plaintiff Need to Prove?

Unlike criminal cases where the standard of proof is “beyond a reasonable doubt,” personal injury cases are decided based on a “preponderance of the evidence.” This means that the plaintiff must show that it is more likely than not that their claims are true. While this standard is lower than in criminal cases, the burden of proof still rests with the plaintiff.