Plaintiff — in plain language
the person who starts a lawsuit by claiming that someone else did something wrong and asking the court to fix it
From a fixed, curated glossary of 7,257 legal terms. Not legal advice. How it's made: plainlanguage.us/trust
Plain language
the person who starts a lawsuit by claiming that someone else did something wrong and asking the court to fix it
- person who files a lawsuit
- person bringing the case
- person making the complaint
- the one suing
What to watch for
- Non-lawyers often confuse plaintiff with defendant. The plaintiff is the one who starts the case; the defendant is the one being sued. Always clarify who is doing what.
- In contracts, 'plaintiff' often refers to a hypothetical future party who might sue. The translation should make clear whether this is a current party or a potential future litigant.
- The term appears in indemnification clauses where 'plaintiff' means 'anyone who sues us.' A plain-language version should specify this broader meaning.
- In criminal cases, the 'plaintiff' is technically the state or government, not a private person. This differs from civil cases where a private individual can be the plaintiff.
Civil vs. Criminal Context. In civil cases, the plaintiff is typically a private person or business seeking compensation for harm. In criminal cases, the plaintiff is the government (state, federal, or local) prosecuting someone for breaking the law. The plain-language translation should clarify which context applies.
Contract Usage. In contracts, "plaintiff" often appears in indemnification clauses and refers to any person who might sue in the future. This is broader than the courtroom meaning and should be translated accordingly.
Common Misunderstandings by Non-Lawyers.
- "The plaintiff is the bad guy." (Not necessarily — they are simply the one who brought the case to court.)
- "Only people can be plaintiffs." (Businesses, government entities, and organizations can also be plaintiffs.)
- "The plaintiff always wins." (No — they must prove their case to the court's satisfaction.)
Legal definition
The person who starts a lawsuit by going to court and saying that someone else did something wrong. They are asking the court to make the other person fix the problem or pay for damages. In criminal cases, the plaintiff is usually the government or state, represented by a prosecutor.
Meanings by context
criminal law: The government's lawyer who accuses someone of breaking the law.
some states and certain proceedings: The person asking the court to take action on their behalf.
Examples
Legal: The indemnifying party agrees to indemnify any Indemnified Person from and against any claimant or plaintiff asserting such Third Party Claim.
Plain: The company promises to protect and pay for the defense of anyone who gets sued by another person or organization claiming they were harmed.
Legal: be a final judgment for the plaintiff, the indemnifying party agrees to hold harmless such Indemnified Person.
Plain: If the person who brought the lawsuit wins, the company will cover all costs and damages for the person being protected.
Legal: constitute a waiver of the right of any party, including the plaintiff, to
Plain: this gives up the right of anyone involved in the case, including the person who started the lawsuit, to
Where you'll see it
- court complaints
- summons
- indictments
- civil litigation
- contract indemnification clauses
Related terms
- defendant
- respondent
- claimant
- petitioner
- appellee
- counter-claimant
- third-party plaintiff
Word details
- Pronunciation
- PLAYNT-if
- Part of speech
- noun
- Origin
- Anglo-French — from 'plaintif' — complaining party, one who brings a grievance
- Domains
- civil litigation, criminal law, court proceedings
- Frequency
- very common
- Formality
- moderate
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