The complaint in an injury lawsuit

In plain English: a complaint is the formal document that starts a lawsuit in US courts. It names who is suing and who is being sued, sets out what happened, explains why the defendant is legally responsible, and says what you're asking the court to award.

Other names for the same thing

• US: complaint, or petition in some states.
• England and Wales: a claim form, supported by particulars of claim.
• Scotland: usually an initial writ in the sheriff court, or a summons in the Court of Session.
• Canada: usually a statement of claim, as in Ontario.

Why filing matters even if you plan to settle

Most injury claims settle without a trial, and many settle without a lawsuit at all. But if talks drag on, filing is what stops the limitation clock. If the deadline passes before you file, your claim may be lost for good, however strong it is. Your lawyer may file to protect the deadline and keep negotiating at the same time.

Filing also changes the dynamics. Once there is a court case, the insurer usually passes the file to defence lawyers, and court deadlines start to push both sides toward either settling or preparing for trial.

What goes into it

1. The parties: you as plaintiff or claimant, and each defendant.
2. Why this court has the power to hear the case.
3. The facts: date, place and how the accident happened.
4. The legal basis, most often negligence.
5. Your injuries and losses, in general terms.
6. What you're asking for, such as damages, interest and costs.

In many US states you don't put a dollar figure on pain and suffering in the complaint. In England and Wales, the claim form states a value band that decides which track the case goes on.

What happens next

The complaint must be formally served on each defendant, within a time limit set by the rules. The defendant then has a set period to respond, usually with an answer or defence denying some or all of it. In US federal court the standard period to answer is 21 days after service; state and provincial rules differ. Discovery follows.

Next: defendant · limitation period · discovery.

Related terms