It is always beneficial to familiarize yourself with some of the legal jargon you will hear if you find yourself involved in litigation. And perhaps one of the first things you might ask is, “What is the difference between Plaintiff and Defendant?”
In civil proceedings such as personal injury cases, breach of contract disputes, negligence, etc., a Plaintiff is the legal name given to the party originating the lawsuit against an individual or business. More simply, this is the person seeking legal recourse from someone they feel has wronged them in some way. Conversely, the Defendant is the legal name given to the accused party because they must now defend themselves against the complaint.
Plaintiff and Defendant — Roles and Responsibilities
The Plaintiff’s role is crucial in any legal proceeding because they are the ones responsible for bringing the lawsuit in the first place. With that said, their responsibilities amount to more than just crying foul. It is the Plaintiff’s job to provide detailed evidence to prove the defendant is at fault.
This can include the following:
- Showing that the Defendant should have acted reasonably to avoid causing harm
- Establishing that the Defendant failed to meet that legal responsibility
- Proving that the Defendant’s actions or inactions directly led to the Plaintiff’s loss or injury
- Demonstrating that they suffered actual physical or financial harm, such as medical expenses, lost wages, or pain and suffering.
Meanwhile, the defendant’s role is to refute the evidence against them. The Defendant will have every opportunity to argue against the accusations and must do so with reliable evidence supporting their claims.
It is important to note that the terms plaintiff and defendant aren’t used the same way across different areas of law. For example, family law cases refer to them as the petitioner and respondent. In criminal cases, they are the complainant and defendant.
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