Civil litigation complaint

Whether your case involves a personal injury action concerning a car wreck or a suit filed to recover damages associated with a negligently constructed home, after attempts at settling a case have failed or approached the statute of limitations, the next step is to file a complaint.

In Tennessee, a personal injury lawsuit begins with the filing of a Complaint by the plaintiff against the defendants. That Complaint must set out a “prima facie” case, which is a Latin expression for “at first view.” A prima-facie case is a lawsuit that makes factual allegations that support the claim being brought under Tennessee or Federal law. In other words, assuming plaintiff can prove everything that she alleges, is there law that would make the defendant(s) liable for the harm suffered by the plaintiff?

In a personal injury case in Tennessee, the plaintiff’s lawyer must allege the elements of negligence. These elements include: There existed a duty between the plaintiff and defendant, the defendant breached that duty, and the plaintiff suffered a loss that was a proximate result of the defendants breach. (Put more simply, the Complaint in a car accident case lays out the bare facts of the accident and generally alleges injuries and other damages.) Practically, the plaintiff typically files a Complaint in the appropriate court and then the clerk of the court issues a summons and sends it back to the plaintiff’s lawyer to serve on the defendant(s) (there are fees associated with filing any personal injury lawsuit which vary according to jurisdiction). This Complaint must then be served on the defendants, by either certified mail, return receipt requested, or, as more typically is the case, by private process server or sheriff.