Filing an Auto Accident Complaint

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Every day, people are hurt and killed in auto accidents in the United States.  Accidents happen for all different reasons.  However, whether you are hurt in a hit and run accident, a parking lot accident or one of the many kinds of truck accidents, you typically need to complete certain auto accident forms and to file an auto accident complaint in order to recover damages.

How to File an Auto Accident Complaint

After you have completed your accident investigation and all of your auto accident forms, it will be time to file an auto accident complaint to seek financial recovery for the property damage and personal injuries that you suffered because of another driver’s negligence. 

State law requires that auto accident complaints be filed within a specific amount of time regardless of the type of accident.  Therefore, the same time limitations apply to a hit and run accident, a parking lot accident and truck accidents.

Auto accident complaints are generally filed in state court and allege that another person’s negligence caused your injury.  The complaint must explain the facts of the case and why the facts will prove that the other person’s negligence caused your injuries.  In order to file a negligence claim, your complaint must allege that:

  • The defendant owed you a duty of care
  • The defendant breached the duty of care by failing to act like a reasonable person would act;
  • The defendant’s breach of the duty of care caused your injuries and /or property damage that would not have happened but for the defendant’s breach of the duty of care; and
  • You are entitled to damages as a result of the above elements being satisfied.

Your complaint must also meet the technical requirements of state law, be signed and be properly served to the defendant.

Help from an Auto Accident Lawyer

The legal requirements of an auto accident complaint make it difficult to file the complaint without the help of an auto accident lawyer.  An auto accident lawyer will make sure that your complaint contains all of the legally required information, is filed in the right jurisdiction, is filed within the required timelines, and is drafted to your legal advantage.

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