DefineLaw

What is a plaintiff?

A plaintiff is the party who files a lawsuit and starts the case.

Why it matters

The plaintiff carries the burden of proving the claims.

Common confusion

The plaintiff sues; the defendant is sued.

DefineLaw editors — plain-English definitions for general reference; not a substitute for advice from a licensed attorney.

Frequently Asked Questions

Who pays the plaintiff’s fees?

Usually each side pays their own, unless a law or contract shifts fees.

Can a plaintiff lose?

Yes, if the proofs fail at trial.

Is the plaintiff always the injured party?

Often, but not always — they are simply the one who filed.

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