Define: 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.

A plaintiff (Π in legal shorthand), also known as a claimant or complainant, is the party who initiates a lawsuit (also known as an action) before a court. By doing so, the plaintiff seeks a legal remedy, and if successful, the court will issue a judgement in favour of the plaintiff and make the appropriate court order (eg. an order for damages).

In some jurisdictions the commencement of a lawsuit is done by filing a summons, claim form and/or a complaint — these documents are known as pleadings — that set forth the alleged wrongs committed by the defendant or defendants with a demand for relief. In other jurisdictions the action is commenced by service of legal process by delivery of these documents on the defendant by a process server; they are only filed with the court subsequently with an affidavit from the process server that they had been given to the defendant(s) according to the rules of civil procedure.

Not all lawsuits are plenary actions, involving a full trial on the merits of the case. There are also simplified procedures, often called proceedings, in which the parties are termed petitioner instead of plaintiff, and respondent instead of the defendant. There are also cases that do not technically involve two sides, such as petitions for specific statutory relief that require judicial approval; in those cases, there are no respondents, just a petitioner.

A plaintiff identified by name in a class action is called a named plaintiff.

The party to whom the complaint is against is the defendant; or in the case of a petition, a respondent. Case names are usually given with the plaintiff first, as in Plaintiff v. Defendant.

United Kingdom

In England and Wales, since April 26 1999, when the Civil Procedure Rules 1998 came into force, the term Claimant has replaced Plaintiff.

In Scotland, a plaintiff is referred to as a pursuer and a defendant as a defender.

Elsewhere

In Hong Kong and the United States, a plaintiff is still referred to as a plaintiff, and Americans traditionally limit the application of terms such as “claimant” and “claim form” to insurance and administrative law. After exhausting remedies available through an insurer or government agency, an American who turns to the courts would file a complaint and become a plaintiff.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.