How to Start a Personal Injury Lawsuit: A Comprehensive Guide to Complaints, Summons, and More

Starting a personal injury lawsuit can be a complex process, involving essential documents like complaints and summonses. This comprehensive guide will walk you through the necessary steps and highlight the importance of consulting an experienced attorney near you to ensure the best possible outcome for your case.

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Learn how to start a personal injury lawsuit, including the crucial steps of filing a complaint and understanding summons and responses. If you’re navigating the complexities of your case, consult an experienced attorney near you to guide you through the process and enhance your chances of a successful outcome.

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Flat vector illustration depicting a plaintiff filing a personal injury lawsuit. The illustration features a person seated at a desk, signing legal documents labeled "Complaint" and "Summons." A gavel, scales of justice, and a courthouse icon are visible in the background, symbolizing the legal process. The design follows a modern, minimalistic style with muted purples, yellows, and grays.

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How to Start a Personal Injury Lawsuit: A Comprehensive Guide to Complaints, Summons, and More

The legal papers you file in court at the beginning of a personal injury case are called pleadings. Pleadings explain to the court what your position is as the injured person.

Filing a complaint is just the beginning of the lawsuit process. Still, the pleadings set the stage for the rest of your lawsuit. For car accident injuries, insurance companies are often already involved in pleadings.

This article explains how to start a personal injury lawsuit, including filing a complaint and other court documents. It also describes how the other party might initially respond to your claim.

💡 For every post in this series, scroll down to “Related Posts.”

What Is the Complaint in a Lawsuit?

The complaint is usually the first document you file when you bring a lawsuit. The complaint provides an outline of your personal injury claim against the defendant. It focuses on the most basic details of your case.

Your complaint should:

Identify the parties involved, including you (or your loved one) and the at-fault party

Explain why the court has jurisdiction over the controversy

State the plaintiff's legal claims, such as their injuries and damages like medical bills

Relate the facts about the claims, such as how the injury or car crash happened

The complaint's purpose is to notify the defendant of your claims’ factual and legal bases. Generally, the facts in the complaint are based on your own knowledge.

A Complaint Describes Your Goal

The complaint also contains a “demand for judgment” or “prayer for relief” section. This section is where you describe the outcome you want the court to support.

For example, the demand in a car accident case might ask the court to require the defendant to pay for specific medical expenses and property damage. Your car accident lawyer can help identify all the damages in your case.

The at-fault driver’s insurance company might ultimately pay these costs on the defendant’s behalf. Car accident settlements are common because insurance companies often want to avoid the extra costs of a court battle. The complaint suggests how much they may need to pay anyway if you succeed.

Complaints Are Simple

Most states require a complaint to be a short, plain statement of the plaintiff’s claim. It should be concise so the court can quickly get a general sense of your case.

Don't be surprised if it doesn’t tell the whole story yet. Many of the complex details in personal injury cases arise later in the lawsuit process.

What Is a Lawsuit Summons?

The summons is an order from the court where the civil lawsuit will be heard or litigated.

The summons achieves the following:

Notifies the recipient (the "defendant" in the case) that they've been 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 is usually a form document. It will have a preprinted caption that contains:

The name of the court

The names of the parties

A docket number (the court's identification number for the matter)

The document will tell the defendant that you’re suing them. This language is called the notice.

What Is a Lawsuit Service of Process?

The service of process is when the summons and the complaint are delivered or "served" to the defendant. Service happens when someone confirms the defendant's identity and gives or mails them the documents.

Proper service of the summons gives the court jurisdiction, which is power over the case and the defendant. That means the court can make decisions about the controversy described in the complaint. It can also make related decisions affecting the defendant.

How the Other Party Responds

Once the defendant receives the court summons, they must respond. The defendant's response to the complaint is called an answer. Some states use a different term for this document.

What Does the Answer to the Complaint Include?

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 the defendant shouldn't be held liable for the plaintiff's damages.

For example, in a car accident lawsuit, the defendant may reveal that someone stole their vehicle when the crash happened. Since they aren’t the at-fault driver, the thief should be liable instead.

The answer may become complex. In an accident or medical malpractice case, insurance adjusters and company lawyers may already be in the picture. The answer might also include counterclaims, crossclaims, and third-party claims, which you can read more about in the sections below.

Failure To Respond to a Lawsuit

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.

The summons describes the consequences of failing to respond to the lawsuit on time. Failure to respond may result in a default ruling without the defendant’s input. They will be bound by the result even if they didn't participate.

Counterclaims for Personal Injury Lawsuits

Once the defendant learns you’re suing them, they might respond with a claim against you. A counterclaim arises from the same circumstances that led to the complaint. Instead of the counterclaim becoming a new lawsuit, it stays within the original lawsuit.

One example of a personal injury counterclaim is shared negligence. For example, the other driver may claim you partly caused the auto accident.

A defendant raises their counterclaims in the answer. The law waives some types of counterclaims if the defendant doesn’t plead them in the answer. That’s why defendants often work with attorneys to ensure they include any necessary counterclaims.

Replying to a Personal Injury Counterclaim

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 like the answer can.

Crossclaims and Answers to Crossclaims

Crossclaims arise when there are many parties to the lawsuit. Two or more parties, as plaintiffs or defendants, have their own dispute within the injury case.

For example, suppose a multiple-vehicle accident involved three drivers. Driver A is suing both Driver B and Driver C. Yet, Driver B was also injured by something Driver C did. In that case, Driver B might file a crossclaim against Driver C within the same lawsuit.

Like with an original complaint, the person being sued in a crossclaim will file an answer. The defendant will want to consider their various defenses to the claim.

Third-Party Complaints and Answers to Third-Party Complaints

Sometimes, the defendant may have a legal reason to pass the liability to someone else. This can lead to a third-party complaint. By filing this complaint, the defendant brings the other person into the lawsuit.

For example, the third party might have a contract with the defendant. In this contract, it agrees to pay the defendant if they are found liable in a case.

The third-party complaint is like a regular complaint in a few ways. It outlines the facts related to your claim against the third party. It also includes a request for relief. Plus, the third party must file an answer to it.

The Statute of Limitations Sets a Time Limit

One crucial aspect of bringing a claim is the statute of limitations. It is a law that sets the amount of time accident victims 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.

The Discovery Process: Depositions and Interrogatories

Both sides will participate in the discovery process before trial. The discovery phase of a lawsuit involves exchanging information about the case, including:

Medical records related to the injuries or wrongful death

Police reports

Bills for medical care and any related property or vehicle repairs

Vehicle or building maintenance logs

The discovery process can include depositions. Depositions involve parties and witnesses giving sworn testimony under oath. For example, a doctor may testify about the necessity of your medical treatment.

Discovery may also involve interrogatories. Interrogatories are written questions that each side must answer under oath.

Starting a Personal Injury Lawsuit? Get Legal Advice

Serious injuries from motor vehicle accidents and other situations can make life difficult. When insurance claims fail to offer relief, going to court may become necessary.

If you plan to start a lawsuit, you should ensure you're positioned to win your case. Contact a personal injury lawyer near you. An experienced attorney can help you properly file the initial complaint and other court documents.

Many cases end in a settlement negotiation after completing these initial court documents. A personal injury attorney can help you reach a fair settlement offer or, if necessary, continue litigation. ReferU.AI is the only platform that leverages AI to efficiently and accurately assess each user's unique legal needs and objectively recommend attorneys based on their proven success in similar cases according to actual court records. By providing smarter results, users gain easier access to better representation and outcomes.