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The Anatomy of a Personal Injury Case: Key Components of a Complaint

websitebuilder • Aug 14, 2023

Suffering from a severe injury can be a life-altering event, causing physical and emotional pain, financial hardship, and an overwhelming feeling of vulnerability. The legal process of seeking redress for these injuries is complex, and success depends largely on the quality and accuracy of the complaint filed by the victim's attorney.


Every complaint must contain a few essential components.


Introduction


The introduction sets the stage for the rest of the complaint and outlines the basics, including who's making the claim and what type of injury they've suffered. It should also identify any parties potentially liable for the injury.


The opening statement should also briefly summarize the events that led to the plaintiff's injury. This part of the complaint typically provides context for the remainder of the document to help the court better understand the case.


You need to get this section right because it sets the tone for the rest of the complaint and will be the first section the defendant reads. A qualified lawyer can craft a straightforward and compelling introduction to ensure that the court pays close attention to the arguments they present.


Jurisdiction and Venue


A personal injury complaint's jurisdiction and venue section establishes that the court where the case is being heard has the legal authority to do so. This section also explains why the case is in that particular location.


For instance, if the plaintiff lives in one state and the defendant resides in another, the complaint should explain why it was brought to that specific court. Common reasons include proximity to witnesses and the defendant or because that was the location where the incident happened.


The venue is critical because it determines which court will hear the case, which can impact the outcome. The laws governing personal injury cases can vary from state to state. As the plaintiff, you must protect your rights and choose the court that will most likely favor your case.


Statement of Facts


The statement of facts section sets out the allegations the plaintiff wants to make against the defendant. The facts should be laid out as clearly and succinctly as possible. This eliminates any room for doubt or ambiguity and helps the court understand the nature of the dispute.


Your lawyer must provide enough detail to show that your injury results from the defendant's actions or negligence. A good lawyer will include as many details as possible to make sure that the court understands and evaluates your case accurately. They'll include relevant documents, photographs, or other evidence that supports your claim.


It also helps to include any contact information for witnesses who can provide additional testimony if necessary. For instance, if you were injured in a car accident, your lawyer should include the name and phone number of any bystanders who saw what happened.


Causes of Action


The causes of action section of a personal injury complaint explains why the plaintiff wants to seek damages from the defendant. There may be more than one cause of action, such as negligence, strict liability, or intentional torts.


Negligence occurs when the defendant has a duty of care that they failed to fulfill, resulting in an injury. Strict liability holds the defendant liable for any injuries caused by their product, regardless of whether they were negligent. Intentional torts refer to an individual's deliberate actions that harmed the plaintiff, such as assault or battery.


Your lawyer will include specific details about the damages you seek, including medical expenses, lost wages, and pain and suffering. This helps the court determine an appropriate amount of damages to award you, if any.


If you need proper legal advice regarding your injury case, contact us at Bernstein & Bernstein. Our experienced legal team is here to help walk you through each step of your personal injury case. We can help you evaluate your options and create a compelling complaint to ensure the best possible outcome.

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