The plaintiff initiates the action by filing a complaint and generally bears the burden of proof on the elements of each claim. In some proceedings the initiating party is called the petitioner or claimant.
Multiple plaintiffs may join where claims arise from the same transaction and share common questions.
Alternative Names:
Claimant, Petitioner
Why it Matters?
Identifying the correct plaintiff is a live issue more often than expected. Wrongful death and survival claims typically must be brought by an appointed personal representative rather than a family member, subrogated claims belong to the insurer as the real party in interest, and claims of minors require a guardian. A defect in the plaintiff's capacity is a threshold defense that operates independently of the merits.
Frequently Confused with
Related terms
Frequently asked questions
Who must bring a wrongful death claim?
What is the real party in interest requirement?
