The accident victim that has filed a complaint with the appropriate court has initiated a personal injury lawsuit, with or without the assistance of a personal injury lawyer in Waterloo.
Contents of complaint
A statement that gives the reason for submission of the filed document to the named courthouse. This statement should make it clear that the chosen courthouse handles cases that deal with issues of civil law, and not criminal law. The same statement should verify the court’s location, and explain how that particular location matched with the circumstances that surrounded the injury-causing event.
• A description of the plaintiff’s injuries
• Details on the event that caused the described injuries
• The name of the defendant
• The legal basis for the complaint
• The size of the plaintiff’s demand: The amount of money that the plaintiff has requested in the form of compensation.
The counts against the defendant
—Must include count that names the defendant’s negligence
—The count of negligence must provide court with proof for the existence of the essential elements of negligence.
What are the essential elements of negligence?
Proof that the defendant had a duty of care towards the plaintiff
Proof that the same defendant had breached that duty of care
Proof that the defendant’s breach had caused the plaintiff’s injury.
Proof that the plaintiff suffered a measurable loss, as a result of the named injury/injuries.
What does the court do with the complaint?
It is the court’s job to study each of the filed complaints, and to check for the presence of proofs for the existence of the essential elements of negligence. A court’s acceptance of a complaint cannot be guaranteed, unless that particular document offers proof for the existence of all the essential elements of negligence.
The court makes a copy of the complaint.
The court prepares 2 copies of the subpoena; the plaintiff must serve one of those copies on the defendant.
The court files the original complaint, and gives the copy to the plaintiff, along with one of the 2 subpoenas.
Why does the potential plaintiff receive a copy of both the complaint and the subpoena?
The court expects the plaintiff, or someone that is working for the plaintiff to serve a copy of the complaint and the subpoena on the defendant.
The plaintiff, or the process server must obtain proof of the fact that the defendant had received both a copy of the complaint and a copy of the subpoena.
The defendant’s rights
The defendant has the right to request specific modifications to the issued subpoena.
The defendant has the right to appear before the judge that was named on the subpoena, and to challenge the correctness of the allegations that had been spelled out in that same document/subpoena.