What Is a Plaintiff Attorney? (And When You Need One)
If you have been injured and are thinking about a claim, you will hear the term “plaintiff attorney.” It simply describes which side of a case a lawyer is on. Understanding the role helps you know who is fighting for you, how they are paid, and when it makes sense to hire one.
A plaintiff attorney represents the person bringing a claim, the injured party, against whoever they say caused the harm. In personal injury, plaintiff attorneys almost always work on a contingency fee: no upfront cost, and they are paid only if you recover.
Plaintiff attorney vs. defense attorney
Every civil case has two sides. The plaintiff is the person who files suit seeking compensation. The defendant is the party accused of causing the harm. A plaintiff attorney advocates for the injured person, while a defense attorney, often hired by an insurance company, works to limit or defeat the claim. Knowing this distinction matters, because the insurance adjuster who calls after your crash is not on your side.
What a plaintiff attorney does in a personal injury case
- Investigates the claim, gathering the police report, medical records, photos, and witness statements.
- Establishes fault under the applicable law and identifies every source of insurance coverage.
- Values your damages: medical bills, lost income, future care, pain and suffering.
- Negotiates with the insurer and pushes back on lowball offers.
- Files a lawsuit and goes to trial when a fair settlement is not offered.
How plaintiff attorneys get paid
Most personal injury plaintiff attorneys use a contingency fee arrangement. You owe no hourly bill and no retainer. Instead, the attorney advances the costs of building your case and is paid an agreed percentage of the settlement or verdict, only if they win. If there is no recovery, you generally owe no attorney fee.