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Who Is the Plaintiff in a Car Accident?

As you go through the car accident claims process, you’re going to hear some legal words that might be unfamiliar. For example, you may hear the word plaintiff. A plaintiff is one of the parties in a car accident case. The more that you learn about legal terms, the better you can address the case. Here’s what you need to know about plaintiffs from our Pennsylvania personal injury law firm:

Who is the plaintiff in a car accident?

The plaintiff in a car accident is the person who seeks financial compensation from the other party. It’s the person who brings the legal case. They are the person who is the victim of the car accident. The plaintiff is the one who seeks financial compensation after a car accident.

Who is the plaintiff in a car accident?

Who is the plaintiff and defendant in a car accident case?

The plaintiff is the person who seeks compensation in a car accident case. The defendant is the person that they seek compensation from. You’re not a plaintiff just because you’re in a car accident. You become a plaintiff when you file a claim for compensation.

Similarly, a person isn’t a defendant just by causing an accident. They become the defendant when a plaintiff files a case. In addition, being a defendant doesn’t necessarily mean that you owe the plaintiff any money. It’s up to the plaintiff to prove the case.

Plaintiff and defendant are just the names of the parties to the case. The plaintiff is the one who brings the case. The defendant is the one who answers to the claim. The labels given to the parties don’t necessarily mean that the defendant is legally at fault. Instead, the titles plaintiff and defendant are just the names that the legal system gives to each party in order to identify them during the case.

Can you be both the plaintiff and the defendant in a personal injury case?

Yes, you can be both the plaintiff and the defendant in a personal injury case. If you file a claim, the other side can bring a counterclaim. In that case, you may be both a plaintiff and a defendant. Even though the other side may file a counterclaim, don’t worry, our Pennsylvania personal injury attorneys can help you determine how the laws apply to your case. Our legal team can help you advance your claim and fight for your legal rights.

How our Pennsylvania personal injury law firm can help

Have you been in a car accident? Are you wondering about legal terms like plaintiff? Our attorneys can help. At Randy Kaplan Law Offices, we’re prepared to help you fight for your rights and pursue justice.

Our Pennsylvania personal injury attorneys know that any car accident case is complex. We can help you understand the legal system and work to reach the best possible result under the law. Contact our Pennsylvania personal injury law firm for a free, confidential consultation about your case.



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Immediate Attention

We understand how important your case is and that is why your call receives immediate attention directly from the attorney. We help you understand your options in order to make informed decisions. As a local law practice with multiple offices, we are able to offer reasonable and competitive rates.

Tens of Millions in Results Over 30 Years

In over 30+ years we have recovered millions on behalf of our clients and their families. Our drive and our commitment to our clients who are the victims of auto accidents, slip and fall accidents, work related injuries including asbestos claims has led us to have a proven track record of success.

Aggressive Representation

Our goal is always to put your best interests first. And we have been successful at it for over 30 years. How do we do it? By being aggressive when you need us to be. If you are unable to work, can't pay your bills and are facing extensive therapy or rehabilitation you need an injury lawyer to protect your rights and fight for you and your case. Remember, nobody likes an aggressive lawyer, until you need one.


We take pride in our dedication to our clients and their cases. Firm attorney Randy Kaplan has practiced law since 1982 and has personally handled THOUSANDS of cases including auto accidents, work related injuries business law and employment law. In each and every case we are dedicated to providing our clients with the type of service only a local law firm can provide.