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Definition of Plaintiff

The plaintiff in a legal case is the person filing the personal injury lawsuit in court. The goal of the plaintiff is to recover compensation for injuries or loss suffered due to the defendant's actions. If the plaintiff proves their case damages can include lost wage compensation, property replacement, pain and suffering compensation and medical compensation.

States have different ways of determining negligence in a civil case. For instance, in some states which use comparative pure negligence the court will determine who is responsible for the accident and how the compensation will be distributed for property damage or personal injury loss.

For instance, if a plaintiff is found at fault 35% for their injuries they may still receive compensation minus their degree of fault, but the defendant would recover 65% of the compensation. Other states with other systems will only allow the plaintiff to recover compensation if they are not at fault at all, if they are 49% or less at fault, or if they are 50% or less at fault. Talk to a lawyer if you have questions about your state's laws and your right as a plaintiff to receive compensation.

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