Complaint / Petition & Answer in Personal Injury Law
While the insurance claim(s) will typically exist prior to this, a “lawsuit” is formally initiated when the Plaintiff files a Complaint (term used for the filing in Federal Court) / Petition (term used for the filing in a Missouri State Court) is called a “Petition”. In Missouri, most injury claims would be filed in State Court with a Petition. The Complaint / Petition identifies parties (Defendants) whose carelessness and/or negligence caused, or contributed to cause, harms that resulted in damages to the Plailntiff. After the Plaintiff files the Complaint / Petition, the Plaintiff will have it ‘served’ on/to the Defendants named. If/when the Defendants are served with a copy of the Complaint / Petition, each Defendant has a certain time limit within which they have to file an Answer, or otherwise file responsive pleadings, to the claims / allegations made by Plaintiff in the Complaint / Petition. If the Defendant is going to make certain defenses, they will also identify those in their Answer.
Other common personal injury law terms:
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For More information on Personal Injury Law:
How do I know if I have a personal injury case?
What should I do if I am in a car accident?
