Writing A Legal Complaint In A Personal Injury Lawsuit

Written by J. Hirby and Fact Checked by The Law Dictionary Staff  

If you have been injured due to the negligence of another, you will need to file a lawsuit against that party for compensation. You must provide both the facts and legal reason for why you should be compensated for your injury. Here is how to write a legal complaint in a personal injury lawsuit.

Contact Information and Jurisdiction

A complaint form in a personal injury lawsuit declares your intention to seek damages for a personal injury. There are many requirements for this legal complaint. The Plaintiff will start by filling out information concerning his attorney - name, bar number and address. Next, he will fill out his own personal information: name, address, e-mail and telephone number. Write your name as the Plaintiff and the Defendant next.

The determination of jurisdiction will be one of the first issues handled by the court. The Plaintiff must fill out the address information for the court. Why does this court have jurisdiction over your case? Usually, a court has jurisdiction when the accident occurred in the area adjudicated by this court or the Plaintiff or Defendant live in this area.

Nature of the Complaint

The Plaintiff must list the type of personal injury: bodily harm, vehicle accident, property damage or wrongful death. States will classify personal injury suits based on damages, i.e. above or below $10,000. You will need to identify the amount and whether the case is limited or unlimited.

Next, the Plaintiff will need to describe his own status, as an adult, minor, corporation, unincorporated entity or public entity. Next, note the status of the Defendant using the same classifications.

<h3>Breach of Legal Duty by Defendant</h3>

It is important to point out the legal duty that was violated by the defendant, which lead to your injury: motor vehicle, general negligence, intentional tort, products liability or premises liability. Next, what type of financial suffering did the Plaintiff experience - income loss, property loss, medical or property damage.

Once establishing the legal basis of the personal injury lawsuit, the Plaintiff can write down the facts of what actually happened, when it happened, why the Defendant was responsible and what the court can do to force the Defendant to provide compensation. On the bottom of the complaint form, the Plaintiff must write his name, sign and date.

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