Starting a Personal Injury Lawsuit: The Complaint and Other Court Documents

After a car accident, medical malpractice, or another type of injury scenario, you may decide to bring your claim to civil court. The injured party who files the lawsuit is the plaintiff. The person or entity being sued is the defendant. Both sides will complete a few pre-trial steps to prepare for court.

This article provides an overview of starting a personal injury lawsuit, including how to file a complaint and other initial court documents. It also discusses answers to complaints, counterclaims, and third-party complaints. A personal injury lawyer can review your case and, if necessary, help you file your petition with the proper court.

The Initial Consultation

Before starting a personal injury claim, it’s a good idea to learn what to expect and to try to calculate your chances of winning. A free case evaluation with a personal injury lawyer can be helpful.

At the initial meeting, your attorney can begin to assess the strength and challenges of your claim. They can use a demand letter to help determine whether you may succeed in settlement negotiations with the insurance company or at-fault party. If a lawsuit is needed, your lawyer can guide you through the initial paperwork and represent you in court.

The legal papers you file in court at the beginning of a case are called pleadings. Pleadings explain to the court what your position is with respect to your case. Filing a complaint and other court documents is just the beginning stage of a lawsuit. Still, the pleadings set the stage for the rest of your lawsuit.

Filing a Personal Injury Complaint

The complaint, or petition, is usually the first document you file when you bring a lawsuit. The complaint provides an outline of your case against the defendant.

The complaint:

• Identifies the parties involved
• Sets out the legal basis for the court’s jurisdiction over the controversy
• States the plaintiff’s legal claims
• Relates the facts giving rise to the claims

The complaint also contains a section called a demand for judgment or prayer for relief. That section allows you, as the plaintiff, to set forth what you want the court to require the defendant to do, such as pay damages. In an injury case, this request might include compensation for medical bills, lost wages, and pain and suffering.

The complaint’s purpose is to notify the defendant of the factual and legal bases of your claims. In general, the facts set forth in the complaint are based on your own knowledge. The legal grounds for the claim are based on the applicable personal injury laws.

Most states require that the complaint set forth a short and plain statement of the plaintiff’s claims. Don’t be surprised if the facts don’t seem to tell the whole story.

Other Initial Court Documents: Summons and Service of Process

Another initial court document is the summons, which is an order from the court where the lawsuit will be heard or litigated.

The summons:

• Notifies the recipient (the defendant in the case) that they are being sued
• Refers to the complaint or petition
• Sets out the time limit within which the defendant must file an answer or seek to have the case dismissed

The summons also describes the consequences of failing to respond on time. Failure to respond may result in the case being decided without the defendant, who will be bound by the result even if they didn’t participate. Failing to respond to a lawsuit on time will cause a defendant to be in default.

The summons is usually a form document that has a preprinted caption with:

• The name of the court
• The names of the parties
• A docket number (the court’s identification number for the matter)

The document’s body will tell the defendant that they’ve been sued. This language is called the notice.

The summons and the complaint are delivered or “served” on the defendant. Service is achieved either when someone confirms the defendant’s identity and gives them the documents or when the documents are mailed to the defendant. The legal term for this is called service of process.

Proper service of the summons gives the court power or jurisdiction over the case and the defendant. That means the court can make decisions about the controversy described in the complaint and decisions affecting the defendant with respect to that controversy. In a typical personal injury case, the court is deciding whether the defendant should be liable to compensate the plaintiff for the damages of their injury.

Answer to the Complaint

The defendant’s response to the complaint is called an answer. Some states use a different term for this document. The answer addresses each paragraph in the complaint.

Each response ordinarily takes one of three forms:

• Admitted
• Denied
• Insufficient knowledge to admit or deny

An answer may also set forth affirmative defenses. Affirmative defenses are legal reasons why the defendant shouldn’t be held liable for the plaintiff’s damages. For example, the defendant in a premises liability case might agree that the plaintiff was injured on their property. Despite that fact, they may argue that they shouldn’t owe compensation because the property hazard was obvious enough to avoid, which would have prevented the injury.

The timeline for filing an answer varies by state. If you’re served with a complaint, speaking with an attorney is essential so you don’t miss the filing deadline.

Counterclaims and Replies to Counterclaims

A counterclaim is a defendant’s claim against the plaintiff arising from the same circumstances that led to the complaint. A defendant’s counterclaims are raised in the answer, in a section titled “counterclaims.”

For example, say another driver hit you while speeding through an intersection. Both you and the other driver suffered injuries. You believe they are at fault for causing the car accident, so you file an insurance claim. The driver’s car insurance provider insists that you are actually at fault for the accident because you ran a red light. You then file a lawsuit, but the insurance company files a counterclaim arguing that you should pay for the other driver’s damages instead.

There are some counterclaims that, if not pled within the answer, are deemed waived by law. As such, it’s important to speak with a personal injury attorney when preparing an answer to a complaint. An attorney can help ensure you include any necessary counterclaims within the initial answer.

If a defendant asserts a counterclaim in their answer, the plaintiff may respond by filing a reply. The reply will admit, deny, or assert that the plaintiff lacks information, just as the original answer did. The reply can also assert defenses, just as the answer did.

Crossclaims and Answers to Crossclaims

A lawsuit can involve many parties. Two or more parties, aligned as plaintiffs or as defendants, may have their own dispute arising out of an injury case. A crossclaim can arise from that dispute.

For example, suppose Driver B and Driver C are sued by Driver A after a multiple-vehicle accident. In addition, Driver C was injured by something Driver B did. In that case, Driver C might file a crossclaim against Driver B within the same lawsuit.

The person being sued in a crossclaim will file an answer similar to the one filed after the original complaint. The defendant will want to consider the various defenses available to them with regard to the claim.

Third-Party Complaints and Answers to Third-Party Complaints

A third-party complaint can arise if a defendant has a legal reason for passing liability off to another person. A typical situation involves a contract in which the third party promises to pay if you, the defendant, are found liable for an injury. This third person can be brought into the lawsuit if you, as the defendant, file a third-party complaint.

Like a regular complaint, the third-party complaint sets forth the relevant facts giving rise to your claim against the third party and also sets forth a request for relief.

The person sued through a third-party complaint must file an answer, similar to the one filed after the original complaint.

Important Time Limits: Statute of Limitations

One crucial aspect of bringing a claim is the statute of limitations, which is the amount of time you have to file a lawsuit. You may lose your right to recover if you don’t file your lawsuit within the appropriate time frame.

The statute of limitations for your claim varies from state to state. It also varies depending on the nature of your claim. Some injuries are not evident until months or years after the event that caused the harm. Sometimes, the time limit begins from the date you discovered the injury rather than the date you suffered the harm.

The Discovery Process: Depositions and Interrogatories

In a lawsuit, both sides will participate in the discovery process. This phase involves exchanging information pertinent to the case. The plaintiff may share relevant medical records related to the injury, for instance.

The discovery phase can include depositions. Depositions involve parties and witnesses giving sworn testimony under oath. For example, your surgeon may testify about the extent of your injuries and the medical care necessary to treat them.

Discovery may also involve interrogatories. These are written questions that must be answered under oath. For example, a manufacturer may provide written answers to questions about a product’s design, safety features, and normal operation. This information may be relevant to why the plaintiff was injured and whether the defendant was negligent.

Get Legal Advice for Starting a Lawsuit or Defending Against an Injury Claim

If you plan on starting a lawsuit, you should ensure you’re positioned to win your case. Legal representation can help you take strategic steps to protect your claim.

Contact an experienced personal injury attorney near you. An experienced attorney can help you properly file the initial complaint and other court documents.