A personal injury complaint is the initial document that is filed by the injured person or the plaintiff that starts the litigation. The complaint must be answered by the defendant or defendants with a legal document known as an answer. In some circumstances, the defendant may file a motion to dismiss the complaint. The motion to dismiss the complaint will seek a judicial order dismissing the complaint and ending the lawsuit immediately. The motion to dismiss the complaint is not the usual way in which a complaint is answered. Most times a complaint is answered with an answer and the case proceeds to the discovery period.
A complaint will contain the general information that is needed for the lawsuit to proceed. The complaint should include information such as the date in which the action occurred, the general conduct or actions that the defendant did or didn’t do that caused the injury to the plaintiff and a general request or prayer for relief. Often times the complaint will list additional details or facts specific to the claim however in most circumstances the complaint does not need to be very specific. General allegations and facts are sufficient.
In most circumstances the complaint must list all the defendants who the suit will be brought against and the complaint must be filed within two years of the alleged negligent conduct or act. In New Jersey, the plaintiff may also list John Doe in the complaint as a fictitious name. If the plaintiff later discovers that another party is responsible for the negligent act, the plaintiff may be able to substitute the John Doe name for the actual defendant.
Along with the complaint, a case information statement must be and included when the complaint is served. A case information statement lists general information about the lawsuit which assists the court in the tracking and scheduling the matter. Once the complaint is filed, the complaint must include a summons when it is served on the defendant.
If you or someone you know has been injure in Monmouth County or any other county throughout the state of New Jersey, call our Monmouth County personal injury attorneys. Our lawyers offer a free consultation. We are here to help.