Benefits of Being a Plaintiff

The plaintiff is the party that initiates a lawsuit against one or more defendants.  Although the plaintiff needs to do much investigation and planning before filing a lawsuit, they can sometimes be in an advantageous position.  There are certain benefits of being a plaintiff that parties should consider when deciding if they want to initiate litigation to resolve a given dispute.

Choosing the Venue

One of the main benefits of being a plaintiff is that the plaintiff gets to choose the venue in which the lawsuit is filed.  The venue where litigation is initiated is important to determining how a lawsuit will proceed.  For instance, some venues are quicker at resolving disputes than others, and plaintiffs may wish to file litigation in such venues.  Moreover, if a plaintiff is from a certain area, they may enjoy a degree of “home court” advantage in that venue.  Certain venues might be more convenient for a plaintiff, either because witnesses live in or near the venue or because the plaintiff resides closeby.

It should be noted that defendants have some power over where a lawsuit will be decided.  Defendants can sometimes choose to remove a case to federal court in certain instances, and this can be advantageous to some defendants, especially defendants from out of state.  Moreover, a defendant can claim that a venue is too inconvenient for them and the venue should be changed to a place that is easier on the defendant.  However, most of the time, the venue chosen by the plaintiff will be the place where a lawsuit is decided and this can have a substantial impact on a case.

Creating the Caption

Another one of the benefits of being a plaintiff is the plaintiff has an influence on how the lawsuit will be structured.  The plaintiff is the first party to set out their causes of action in a pleading.  Plaintiffs can potentially choose to have a corporate entity initiate the lawsuit instead of an individual.  This may only be possible if the plaintiff has standing to sue and meets other prerequisites, but this ability can be powerful in litigation.  In addition, the plaintiff can choose which defendants they want to bring into the litigation and which parties they would like to leave out of the lawsuit.

It should be noted that defendants also have power over the structure of the lawsuit.  If a defendant wants to bring additional parties into the lawsuit, they can file a third-party complaint against additional parties.  Moreover, they can assert counterclaims and cross-claims against parties who are already in the lawsuit.  However, the plaintiff gets to set things up initially, and because of inertia, this can have a substantial impact on how the lawsuit will play out.

Causes of Action

A further one of the benefits of being a plaintiff is that the plaintiff can choose which causes of action that are originally brought into a lawsuit.  There is an old expression that the plaintiff is the master of their complaint, and they have a good deal of control over the causes of action they assert.  For instance, plaintiffs can sometimes choose to assert causes of action which have a jury trial right or assert causes of action to which there is no ability to have a jury trial depending on the circumstances of a case.  Moreover, plaintiffs can also assert multiple causes of action at the beginning of a lawsuit and then chose to discontinue one or more causes of action as the lawsuit progresses to meet the needs of various circumstances.

Defendants also have the ability to choose how they want to assert causes of action against a plaintiff or other parties to a case. But plaintiffs’ causes of action often take center stage in litigation by virtue of the fact that they are asserted at the beginning of the lawsuit, and plaintiff’s power over these causes of action can have a substantial impact on litigation.

Shock and Awe

The impact of being sued is another one of the benefits of being a plaintiff.  Getting sued can be a shocking experience for some since individuals usually need to be served with legal papers and make certain arrangements after learning they are part of a lawsuit.  Some parties may wish to resolve the lawsuit as soon as possible so that they no longer need to deal with litigation, and this can be a huge advantage to plaintiffs. 

In addition, plaintiffs can sometimes ask for interim relief in the early part of litigation so that the most pressure possible is up against the defendants.  For instance, plaintiffs can file a temporary restraining order and other applications after litigation is initiated in order to request that the defendants do something or refrain from doing something.  It can be difficult to respond to such requests and answer a plaintiff’s complaint in a short time period and this pressure can put the plaintiff in a good bargaining position to resolve the case and set themselves up well if litigation goes the distance.

The Rothman Law Firm has substantial litigation experience representing both plaintiffs and defendants.  If you are looking for an experienced New York and New Jersey litigation lawyer to handle your plaintiffs’ case or another legal issue, please feel free to contact The Rothman Law Firm to request a free consultation.