In a California personal injury case, one of the terms you’ll hear is plaintiff. This is:
- The legal term for the person filing the claim in court.
In short, you’re the plaintiff when you file a lawsuit in court. This is the natural dividing line for your claim, since it pits you against the defendant, or the person you’re filing your claim against. It can be intimidating to go into court against someone (and their insurance company), but our team at Maison Law will be there from the start. Set up a free consultation today.
Why is Being the Plaintiff in a Personal Injury Case Important?
Being the plaintiff means you’ve filed a lawsuit in court, but in the specific context of a personal injury case it means something more:
- The burden of proof is on you.
it’s natural to think that once you file a claim, the losses you’ve dealt with will automatically be covered. After all, you were injured. You needed medical care. You missed work. You’re still dealing with pain. But personal injury claims don’t work that way. Once you become the plaintiff, you need to show your losses. To do that, you usually have to provide:
- Your medical treatment and records. Your medical care is a big part of that. Going to the doctor, following up, doing physical therapy, taking prescribed medication—all of that shows you were hurt and that the injury needed attention. When treatment is steady, it makes sense. When there are big gaps, insurance companies tend to question things, even when there’s a perfectly reasonable explanation.
- Missed work and lost income. The same goes for work. If you missed time, had to cut back hours, or couldn’t do your job the way you normally would, that matters. As the plaintiff, you’re the one who felt that loss firsthand. Documenting it helps explain that the injury didn’t just slow you down physically—it affected your ability to earn a living.
- Pain and everyday limitations. Then there’s the part no one else can speak to but you: how you actually feel. Pain, fatigue, trouble sleeping, frustration, needing help with everyday stuff—those things don’t show up neatly on a bill, but they’re real. Talking about them clearly and honestly helps others understand what your days look like now.
- How your life looks different now. Changes to your routine matter too. Maybe you don’t drive as much. Maybe you stopped exercising or doing things you enjoyed. Maybe simple tasks take more effort than they used to. Those changes help show the full impact of the injury.
Being the plaintiff isn’t about asking for a handout. It’s about clearly showing what this injury cost you. Our team knows how to help you tell that story and put you in the strongest position possible. If you want to talk it through, a free consultation is a good place to start.
