After a car accident or injury, the victim always has the option of trying to resolve their case with the wrongdoer or their insurance without filing a formal complaint. However, this “pre-litigation” process is not the same as filing a complaint in Court. Anyone can ask for money or try and quickly settle a case. But sometimes, you need to file a personal injury complaint in Court.
Drafting compliant is one’s civil right and also one of the most crucial steps in getting a recovery for your injuries. A complaint is basically the introductory pleading that starts any lawsuit. It requires strategic decision-making ability and must adhere to the following rules:
- Federal, State, and local courts have their own defined rules about what information must and/or should be in a complaint. The complaint should abide by all these rules or else it could either get rejected by the Court or the Defendant may be able to dismiss it altogether. The rules even include such things as using a particular font and size for the complaint; hence it should be followed strictly or else it wouldn’t proceed.
- The complaint must contain the name of the court and the county where the complaint is being filed. You should also do thorough research on the proper venue and jurisdiction before filing a complaint. For example, most people believe that they can file a complaint in the county where they live. However, if you were in a car accident in a different county, you might be required to file your personal injury case in the county where the accident occurred.
- The caption on the Complaint must include the parties involved in the case, like the full name of plaintiffs and all the defendants. A summons must also be filed with your complaint and the names stated on the complaint must be identical and match with the names stated on the complaint or the Court will automatically reject your personal injury complaint.
- Once you file your complaint (and assuming the Court accepts it), only at that point will you be assigned a courthouse, a judge, and a case number?
- The body of the complaint should include a plain and short statement stating why you are entitled to relief. For example, if you are suing for injuries arising out of a car accident, the complaint should include the date, time, and general description of how the auto accident occurred.
- Finally, the complaint should state what relief you are seeking. Depending on the type of case and the various facts, you may be entitled to past and future damages. For example, you might have incurred medical expenses arising from the car accident. Therefore, you would be entitled to past economic damages. However, if you will continue to require medical treatment in the future, you will also be entitled to (and therefore must request) future economic damages.
These are just some of the things a person must do to file a complaint in a personal injury action with the help of the best personal injury attorney in los angeles. If you want to make sure that you have a legally sufficient complaint and get the best recovery, you should definitely contact the best car accident lawyer near you.
These blogs are meant purely for educational purposes. They contain only general information about legal matters. They are not legal advice, and should not be treated as such. If you have any specific questions about any legal matter you should consult with an attorney.