If someone else’s actions have injured you, consider filing a personal injury complaint. A complaint is a legal document that begins a lawsuit when it is filed with the court. A Memphis personal injury lawyer will know which court you should receive your filing.
The personal injury process is complex but starts with knowing who to serve after your injury. Consequently, understanding how to file and serve a complaint can be challenging. The lawyers at Gatti, Keltner, Bienvenu & Montesi can guide you through every stage of the legal process, including drafting a complaint and serving it to the defendant through process servers.
What Is a Personal Injury Complaint?
A personal injury complaint is a legal document that starts a lawsuit. It tells the court and the person you are suing that you have been injured and believe they are responsible. This document outlines what happened, how you were hurt, and the financial compensation you believe you deserve. Every state has specific laws about where to serve a complaint, how to serve a complaint, and who should be served. A skilled attorney at Gatti, Keltner, Bienvenu & Montesi can walk you through these steps. In addition, your lawyer should be thoroughly familiar with Tennessee Court Rules governing complaints.
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Steps to Filing a Personal Injury Complaint
Drafting and filing a complaint is not as simple as just writing down how that accident occurred and the amount of money you should get. Your attorney will go through a series of steps to put your personal injury complaint sample together.
Gather Information
Before writing your complaint, your lawyer will gather all the necessary information. These records serve as a blueprint for your civil case complaint. In addition, they outline the harm done to you, the date and nature of the accident, and why the defendant caused the harm. For instance, these documents may include:
Understand the Law
The Tennessee Code provides specific guidelines for filing and serving a complaint. A skilled attorney will know these rules and follow them so that no procedural errors occur.
Write the Complaint
A complaint is a legal document that notifies someone that they are being sued. Every complaint contains certain legally or factually correct or sufficient information. For example, this information can include:
- Court Information – Name of the court where you’re filing the complaint.
- Plaintiff Information – Include your name and contact information.
- Defendant Information – Include the name and contact information of the person or company you are suing.
- Jurisdiction – Explain why the court has the authority to hear your case.
- Parties Involved – Identify yourself and the defendant.
- Date and Time – Identify when the injury happened.
- Location – Name where the injury happened.
- Description – Describe the nature of the injury and the incident
- Negligence – Explain how the defendant was at fault for the accident and how their wrongdoing caused your injury.
- Injuries – Describe your injuries.
- Expenses – List your medical bills, lost wages, and any other losses related to your injury.
- Relief Sought – State what you are asking for.
Depending on the case, you may need to provide a complete financial account number, taxpayer identification number, and full social security number. These details may seem simple enough. But, the court may only accept your case if you comply with all parts of the process and meet all required filing and service deadlines.
What Should You Watch Out For In a Complaint
For instance, if the jurisdiction is incorrect, the court where you filed the case does not have the power to hear it, and the judge will dismiss it. Imagine if you were injured nearly a year ago and are filing just as Tennessee’s one-year statutory period for filing lawsuits is about to expire. If the court dismisses your case because of a jurisdictional error, you will likely not be able to refile in time to recover any compensation.
Most importantly, hiring an attorney is wise as they know how to write a legal complaint for negligence claims. A skilled attorney knows these requirements and deadlines and will adhere to them.
File the Complaint
Take your completed complaint to the court where you are filing. Some courts in Tennessee allow you to file in person or online. Consequently, it is important to look at the rules of the specific court. There will be a filing fee, but if you can’t afford it, you can ask the court to waive the fee.
Serve the Complaint
Serving the complaint means delivering it to the defendant. For example, you must follow specific procedures to do this correctly:
- Personal Service – Have someone hand-deliver the complaint to the defendant. Under Tennessee Rule of Civil Procedure 4.04, you may serve someone other than the defendant if you identify them accordingly.
- Certified Mail – Send the complaint through certified mail with a return receipt requested.
- Sheriff or Process Server – Hire a professional to deliver the complaint.
Tennessee requires that the plaintiff file a proof of service with the court after serving the complaint form. Moreover, this document shows the court that the defendant received the complaint.
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Complaint in Court
After you file and serve your complaint, Tennessee law allows the defendant thirty days to respond to the complaint. For instance, they can:
- Answer – Respond to each point in your complaint.
- File a Motion to Dismiss – Ask the court to dismiss the case.
- File a Counterclaim – File their own complaint against you.
If the defendant doesn’t respond, you might win by default. If they do respond, the case will move forward to the discovery phase. This is where the parties exchange evidence through interrogatories, depositions, and subpoenas. Moreover, the attorneys at Gatti, Keltner, Bienvenu & Montesi can handle this process for our clients while keeping them informed of every step we take.
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What should you understand before filing and serving a personal injury complaint letter? Filing a personal injury complaint is complicated to handle alone. If you’re unfamiliar with court processes and what constitutes a complete filing, you may inadvertently miss something. This may make your case dismissed. Moreover, you should consult a lawyer from Gatti, Keltner, Bienvenu & Montesi who can handle your case for you. Our attorneys can provide valuable advice and ensure that your complaint meets all legal requirements.
Our seasoned Memphis personal injury attorneys can tackle the complex landscape of a personal injury lawsuit on your behalf. In addition, you don’t have to worry about anything but healing from your injuries and the compensation you deserve. Call us at (901) 526-2126 or contact us online if you or a loved one has been injured by someone else’s wrongful acts.
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August 8, 2024
