Every lawsuit has at least two parties: the defendant and the plaintiff.[1] When discussing your case, it’s important to understand the definition of each and how the defendant vs. plaintiff dynamic works.
The plaintiff files a lawsuit against one or more people or entities in a civil case.[2] A plaintiff can be a person, a business, or another legal entity.[2] Because the plaintiff brings the legal action, they have the burden of proof in a civil matter.
The defendant is the person or entity the plaintiff files the suit against, and they must defend themselves against any allegations the plaintiff brings in the suit.[3]
Usually, lawsuit names follow a plaintiff vs. defendant format.[4] For example, if Laura Smith sues ABC Corp., the lawsuit would be Smith v. ABC Corp.
Key Points
- The plaintiff is the person who brings a complaint, or lawsuit, in a personal injury matter.
- The defendant is the person who defends themselves against the allegations brought by the plaintiff.
- The plaintiff carries the burden of proof in a personal injury case and must prove their claims are more likely than not.
- Pre-settlement funding can help a plaintiff access much-needed financial resources while they wait for their legal case to settle.
Defining Defendant and Plaintiff
Who is the plaintiff, and who is the defendant? It depends on who filed the lawsuit. The terms plaintiff and defendant describe the two sides of a legal lawsuit, but in some cases, there can be more than one plaintiff or defendant.[1]
The plaintiff, or plaintiffs, brings the original legal action to court by filing a lawsuit.[5] This includes naming a specific defendant (or multiple defendants) by filing a complaint against them and issuing a summons compelling them to respond.[5] The defendant(s) must respond to the complaint and defend themselves against the claims made in the plaintiff’s filings.[5]
To better understand the difference between defendant and plaintiff, consider a hypothetical example.
Abigail is in a car accident with another driver named Josh. Abigail sustains significant injuries and seeks compensation for her losses from Josh and his insurance company, claiming Josh was at fault in the accident. In this case, if Abigail files a lawsuit, she is the plaintiff. Josh and his insurance company are the defendants.
Defendant Definition
One of the easiest ways to remember the definition of defendant vs. plaintiff is to note that the word “defendant” has the definition built in. The defendant must defend against the plaintiff’s claims, so they are the party who must respond to the lawsuit. They are the party who is being accused of some wrongdoing or fault by the plaintiff.[5]
Remember that there can be more than one defendant in a personal injury case.[5] Plaintiffs usually work with personal injury attorneys to help them identify anyone who might carry some sort of liability for the matter at hand, and any of these parties can be defendants.
Plaintiff Definition
When identifying the plaintiff vs. the defendant, remember that the plaintiff is the person or entity initiating legal action against the other parties by bringing the complaint.[1] If you are a plaintiff in a personal injury matter, you are typically seeking compensation for your losses from someone who you believe to be at fault or negligent in the incident that caused your injury.
Remember that it’s possible for there to be more than one plaintiff in a personal injury case.[1] This is most common in class action suits, which involve many people injured by the same issue.[6] Class action suits tend to relate to issues such as product liability.[6]
Civil Cases: Plaintiff vs. Defendant Meaning
Let’s explore the responsibilities and actions expected of the various parties in a lawsuit.
For example, as the party filing the lawsuit, the plaintiff carries the burden of proof in a civil case.[7]This means they have to prove that the other party is liable via a “preponderance of the evidence.”
You may have heard the term “beyond a reasonable doubt,” but that is relevant to criminal cases, which are legal proceedings in which a person is accused of committing a crime and prosecuted by the government.[8] In civil cases, the burden of proof is lower than in criminal cases and the plaintiff must demonstrate that it is more likely than not the claims are true.[7]
The responsibility of the defendant is to respond to the claims of the plaintiff, presenting counterarguments and keeping the plaintiff from meeting the burden of proof.[3]
Understanding Legal Terminology
As a plaintiff in a lawsuit, it’s not typically your job to understand every nuance of the proceeding and law related to your case. However, knowing some basic legal terminology and understanding the difference between a plaintiff and a defendant helps you effectively communicate and advocate for your rights. It also helps you better grasp what is going on with your case.
Here are just a few examples of how understanding some basic legal terminology can make a difference for plaintiffs:
- Knowing the parties of the case. When you understand who the plaintiffs and defendants are, you have a better big-picture understanding of your case.
- Understanding compensation options. When you know who the defendants are in your case, you can talk to your lawyer about what type of compensation you might expect from each.
- Working on options for access to funds. Being able to communicate about your case with the right terms can help you work with outside organizations, including litigation funding companies, to get access to resources you may need right away.
How Pre-Settlement Funding Can Help Plaintiffs
Plaintiffs carry more than the burden of proof in personal injury cases. You might be struggling with medical bills and other financial challenges while dealing with a lengthy legal process. Pre-settlement funding solutions can provide you with immediate relief as your lawyer continues to work on your case—all without compromising your future settlement.
To find out how pre-settlement funding works, review our settlement funding FAQs. Then, you can find out more or get started by submitting a request for pre-settlement funding.
The availability of pre-settlement funding varies by state. Contact USClaims for more information.
FAQs
Can a defendant sue the plaintiff?
Yes, depending on the facts of the case, the defendant can file a countersuit or counterclaim.[9] In such a situation, the courts may note the defendant as the counter-plaintiff, which means you can have a situation where both parties are acting, to some degree, as defendant and plaintiff.
A counterclaim tends to occur when the defendant has a reason to assert that the plaintiff was at fault for some damages the defendant experienced. If you are the plaintiff and a defendant files a counterclaim against you, they have the burden of proof for those claims, and you defend yourself against those allegations.
Does the plaintiff always go first in court?
Yes, the plaintiff typically presents opening statements and witnesses first in a court trial related to a personal injury case.
Is the plaintiff a “victim?”
Sometimes, people use the term “victim” to describe the plaintiff in a personal injury action. This refers to the possibility that the plaintiff has suffered injuries and damages due to the actions or negligence of another, potentially making them the victim of those actions.
Sources
- “Party.” Legal Information Institute (LII), www.law.cornell.edu/wex/party.
- “Plaintiff.” Legal Information Institute (LII), www.law.cornell.edu/wex/plaintiff.
- “Defendant.” Legal Information Institute (LII), www.law.cornell.edu/wex/defendant.
- “Supreme Court of the United States: Interpreting Citations.” George Washington University Law Library, law.gwu.libguides.com/scotus/tips.
- “Plaintiff vs. Defendant: What’s the Difference in a Personal Injury Case?” Enjuris, www.enjuris.com/personal-injury-law/plaintiff-vs-defendant. 14 June 2023.
- “Class Action Definition, Lawsuits, Types, Benefits, Example.” Investopedia, www.investopedia.com/terms/c/classaction.asp. 8 June 2023.
- “Burden of Proof.” Legal Information Institute (LII), www.law.cornell.edu/wex/burden_of_proof.
- “Criminal Case.” Legal Information Institute (LII), https://www.law.cornell.edu/wex/criminal_case.
- “Counterclaim.” Legal Information Institute (LII), https://www.law.cornell.edu/wex/counterclaim.
