subject: First Step in a Civil Lawsuit for Personal Injury Case [print this page] The first step in a civil lawsuit after the Personal Injury criminal case is the filing or submission of the plaintiff's complaint. This should be done in accordance to the court guidelines and standard. These legal papers gives an overview of what the petition is all about.
Complaint
The complaint must contain substantial information on the following:
1. Facts on the legal claims
2. The complaint against the defendant
3. Jurisdiction of the court over the case
4. Stating the legal claims
5. The plaintiff's assertion of claims based on facts
6. Amount of damages sought
The complaint serves as a means for stating the plaintiff's legal claims against the defendant. The plaintiff can state his own knowledge of the facts. It must include the essential information, yet written in concise manner.
Summons
The court will order that the summon be delivered to the defendant. It informs the defendant that he or she is sued and refers to the petition. It contains a deadline from which the defendant can respond.
If the defendant fails to comply with the deadline, the court may decide on the case even without his/her presence. This puts the defendant "in default".
How the summon is delivered:
1. The court orders the notice to be delivered to the defendant.
2. Police officers confirm the location and identity of the defendant
3. It is served personally or through mail.
The court has the authority to enforce the "service of process" and acquire jurisdiction over the defendant and the case. The court has the power to make decision on the case, affecting the defendant.
Answer
The defendant makes a response for allegations in the complaint. The response can be: "insufficient knowledge to admit or deny", "admitted", or "denied".
The Answer can also contain the defendant's legal defenses, clarifying or challenging the legal basis for holding him or her liable for damages. The defendant can also contest a motion to dismiss.
Counterclaim
If the defendant has his or her own grievance against the plaintiff out of similar matter, a counterclaim can be filed. It can be declared on a separate section in the Answer. The counterclaim is filed and written the same way as that of the complaint.
Consult with a skilled litigator /personal injury lawyer in Los Angeles to learn more on the stages of civil case, and on how to file the lawsuit.
First Step in a Civil Lawsuit for Personal Injury Case
By: MesrianiLawGroup
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