Personal Injury Complaint Basics

Posted on Friday, June 18th, 2021 at 4:44 am    

If you are injured in an accident where some else is at fault you may be eligible for compensation. Such compensation is made available by way of a personal injury lawsuit. In a personal injury lawsuit, the first document to be filed is called a complaint. This is filed by the plaintiff. This article will discuss the complaint in a personal injury lawsuit.

Personal Injury Complaint

According to one source the complaint is:

“the pleading that starts a case… a document that sets forth a jurisdictional basis for the court’s power, the plaintiff’s cause of action, and a demand for judicial relief.”

Basically, it is what lets the court know that the injured person is looking for legal remedy for their losses.

Generally, it has separate, numbered paragraphs with a claim. Usually it identifies the following:

  • Specific injuries the person suffered
  • Facts of the injuries
  • The party they are suing
  • The legal basis for the complaint
  • And the compensation amount or damages intended to be asked for

Complaints are subject to strict rules and standards as to their form and what is in them. However, these standards differ from one jurisdiction to the next. Some courts require that the plaintiff uses a form to bring forth the complaint. Requiring them to check off certain boxes while giving specific information such as the date of the incident.

There are three key elements that must be found in a complaint. These elements are allegations:

  1. jurisdictional
  2. factual, and
  3. legal

Jurisdictional Allegations

A complaint normally starts with jurisdictional allegations. The opening paragraphs explain why you are filing your complaint in this specific court or jurisdiction. If a person chooses to file it depends on specific factors:

  • Where the injury happened
  • Where you live
  • The state statutes or court rules

Therefore, the plaintiff may state that they live in the specific area. And, therefore, falls under the jurisdiction of the court.



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