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:

“Claim?”

“Demand Letter”

“Negotiation”

“Mediation”

“Arbitration”

Missouri Injury Law McDuffey & Medcalf, LLC

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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?

What is Personal Injury Law?

This article is NOT intended to substitute for consultation with a lawyer, nor should you rely upon this article in place of a lawyer.  In most cases, consultations with a lawyer are free.  We strongly advise you discuss the facts of your case with any attorney.  The choice of an attorney is an important decision, and should not be based on this article alone.  Other lawyers might disagree with any opinions offered herein.