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Filing Suit in a Personal Injury Case by Nares Law Group Truck Wreck and Brain Injury Lawyers

Posted by Kaitlin Nares | Jan 24, 2025 | 0 Comments

In a Colorado personal injury case, a complaint is a legal document that initiates the lawsuit and outlines the plaintiff's allegations against the at-fault party. The complaint sets forth the legal basis for the lawsuit, the facts of the case, and the specific damages the plaintiff is seeking. 

Here's what you need to know about the complaint and the process of the at-fault party answering it:

1. Complaint: 

The complaint is filed by the injured party, known as the plaintiff, or their legal representative (usually an attorney), and it is submitted to the appropriate court to commence the lawsuit. 

The complaint typically identifies the parties involved, describes the incident that caused the injury, and alleges that the defendant's negligence or wrongful actions were the direct cause of the plaintiff's injuries.

The document also specifies the damages being sought, such as medical expenses, lost wages, pain and suffering, and any other losses incurred due to the injury.

 2. Service of Process:

Once the complaint is filed with the court, it must be officially served on the at-fault party, referred to as the defendant. This ensures that the defendant is aware of the lawsuit and has an opportunity to respond. Proper service of process means delivering a copy of the complaint and summons to the defendant according to legal requirements.

3. Answer:

After being served with the complaint, the defendant has a specific period, usually 21 days in Colorado, to respond. The response is called an "Answer."

In the Answer, the defendant addresses each allegation made in the complaint, admitting or denying the specific facts presented. If the defendant fails to answer within the specified time frame, the court may enter a default judgment in favor of the plaintiff, which means the defendant loses the case by default.

4. Affirmative Defenses:

In the Answer, the defendant may also include affirmative defenses. These are legal arguments that, if proven, could excuse or mitigate the defendant's liability even if the plaintiff's allegations are true. Common affirmative defenses in personal injury cases might include contributory negligence (claiming the plaintiff was partially at fault) or assumption of risk (asserting the plaintiff knowingly accepted the risks involved).

5. Counterclaims: In some cases, the defendant may file a counterclaim against the plaintiff.

A counterclaim is a separate legal action initiated by the defendant, alleging that the plaintiff is liable for the damages or injuries claimed by the defendant. After the complaint and answer are filed, the case will move forward through the litigation process, which may involve further discovery, motions, and eventually a trial if a settlement cannot be reached. Both parties will have the opportunity to present their evidence and arguments to the court, seeking a resolution to the personal injury case.

CONTACT A PERSONAL INJURY ATTORNEY IN COLORADO TODAY If you or a loved one have been injured in an accident and are considering whether to pursue a claim, you should contact Nares Law Group to schedule a Free Consultation. Call 720-637-7786 or fill out our contact form at www.NaresLawGroup.com to get started on your road to recovery.

About the Author

Kaitlin Nares

Kaitlin Nares is a partner and founder of Hagen Nares PLLC. Kaitlin is known for her compassion, professionalism, and clear communication. Kaitlin co-founded Hagen Nares PLLC as the culmination of her passion for the law and her desire to help families that have been severely injured at no fault ...

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