What is a plaintiff?
A plaintiff is the person or business that files a civil lawsuit. In an injury case, the plaintiff is usually the person who was hurt, or the family of someone who died. The plaintiff starts the case, chooses who to sue, and has to prove the claim with evidence.
Last checked November 9, 2026 · Official sources (4)
Who is the plaintiff in a car accident case? An example
EXAMPLE ONLY. Denise is hit by a delivery van in Austin. For a year she deals with the van company's insurer as a claimant. The offer stalls at $9,000 while her bills pass $20,000. When she files suit, the case is named Denise Carter v. Rapid Route LLC. Denise is the plaintiff. The company, and maybe the van driver, are the defendants.
Notice who is not on that list: the insurance company. In most states you sue the person or business that caused the harm, and their insurer pays for the defense and any settlement or judgment, up to the policy limits.
What does being the plaintiff mean for you?
Being the plaintiff puts you in charge of the timing. A federal civil action is commenced by filing a complaint, and that filing is what has to beat the statute of limitations. It also puts the work of proof on you. In civil cases, the plaintiff generally has the burden of proving the case, so photos, bills and witness names matter.
It has costs too. You will likely answer written questions under oath, sit for a deposition and share medical records about the injured body part. Your name and the basic claim become part of a public court file.
Does the plaintiff's first filing have a different name by state?
The name of the first paper changes, but the role does not. In federal court and many states it is a complaint. In Texas district and county courts, a civil suit starts with a petition, and you may still see the plaintiff called the petitioner on some forms.
Plaintiff vs. defendant vs. prosecutor
The plaintiff sues and the defendant is sued. In a criminal case there is no plaintiff. The government brings the case through a prosecutor, and the injured person is a victim or witness. That is why a drunk driver can face a criminal case and, separately, a civil case in which you are the plaintiff.
Questions
Is the plaintiff the victim?
In an injury case, usually yes. But plaintiff is a role in a lawsuit, so it is simply whoever files the civil case.
Can a plaintiff be sued back?
Yes. The defendant can file a counterclaim, for example saying you caused the crash. Then you are a plaintiff and a defendant in the same case.
Do I sue the driver or the insurance company?
Usually the driver or the business. Their insurer typically hires the defense lawyer and pays covered amounts.
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See if I’m owed moneySources (4)
- U.S. Courts, Glossary of Legal Terms, checked 2026-11-09. “Plaintiff A person or entity that files a civil lawsuit.”
- U.S. Courts, Glossary of Legal Terms, checked 2026-11-09. “The duty to prove disputed facts. In civil cases, a plaintiff generally has the burden of proving their case. In criminal cases, the government has the burden of proving the defendant's guilt.”
- Fed. R. Civ. P. 3, checked 2026-11-09. “A civil action is commenced by filing a complaint with the court.”
- Tex. R. Civ. P. 22, checked 2026-11-09. “A civil suit in the district or county court shall be commenced by a petition filed in the office of the clerk.”