If you’ve been hurt as the result of someone else’s bad behavior, you can file a personal injury lawsuit against them to demand compensation for what they’ve cost you. The process starts by creating and filing a personal injury complaint. Here’s what you need to know about the process in Washington State—and why it’s so important to get help from an experienced personal injury lawyer.
What Is a Personal Injury Complaint?
A personal injury complaint is a type of legal document starting your court case. It tells the court and the person you are suing (the defendant) why you believe they’re responsible for your injury and what you’re asking for, like medical bills, lost income, or pain and suffering.
This document is an important part of holding someone accountable when their actions have harmed you. It officially starts the process of seeking justice and getting the compensation you deserve.
How to File a Personal Injury Complaint
Filing a personal injury complaint involves several steps. Each one is important to ensure your case moves forward smoothly.
Step 1: Understand the Basics
Before anything, make sure your case meets the requirements for filing in Washington. You’ll need to prove:
- The defendant owed you a duty of care (e.g., a driver should follow traffic laws).
- They didn’t meet that duty (e.g., they ran a red light).
- Their actions caused your injuries (e.g., their car crash resulted in your broken arm).
- You suffered damages (like medical bills or missed work).
If you’re unsure whether your situation qualifies, our attorney can review your case and explain your options.
Step 2: Write Your Personal Injury Complaint
Writing the complaint is the most detailed part. It should include:
- The names of all parties involved in the case
- The court’s name where you’re filing
- A clear explanation of what happened, including dates and facts
- A list of compensation you are seeking, such as your lost wages, medical costs, and other financial burdens you face
A well-written complaint clearly outlines your case. Some people find looking at a personal injury complaint sample online helpful in understanding the format. However, legal documents need to be precise, so getting help from a lawyer is a good idea.
Step 3: File the Complaint in Court
Once your complaint is ready, you must file it with the correct court. In Washington, this typically refers to the court located either where the accident occurred or where the defendant resides.
When you file, you’ll pay a filing fee. The court clerk will stamp your documents and give you a case number. This number is essential for tracking your case.
Step 4: Serve the Complaint to the Defendant
After filing, you must deliver (or “serve”) the complaint to the defendant. This ensures they know about the case and have a chance to respond.
In Washington, you can serve the complaint in several ways:
- Hire a process server to deliver the documents.
- Ask a sheriff or constable to handle it.
- Have a friend or family member over 18 who is not involved in the case deliver it.
It’s important to follow the rules for serving complaints. If this step isn’t done correctly, it could delay your case.
Step 5: Wait for the Defendant’s Response
The defendant has a certain amount of time to respond once they receive the complaint. They may admit fault, deny responsibility, or even file their own claims against you.
If they deny fault, the court will schedule hearings to review the case. This is where evidence like medical records, photos, and witness statements become essential.
How to Write a Legal Complaint for Negligence
Negligence is one of the most common reasons for filing personal injury complaints. Creating a strong complaint involves including specific details that clearly outline your case. Start by describing the defendant’s actions, or lack of actions, that led to your injury. For instance, if the defendant was distracted due to texting while driving, explain how this behavior violated their duty to act responsibly.
Next, demonstrate how their negligence directly caused your harm, such as detailing injuries, medical treatment, or financial losses. Providing proof, such as medical records, photos, or statements from witnesses, strengthens your argument. Using clear, simple language ensures that your complaint is both persuasive and easy to understand, which is critical in presenting a strong case.
How Long Do You Have to File a Personal Injury Complaint in Washington?
In Washington, you have three years from the date of the incident to file your case. Missing this deadline may result in the court refusing to hear your case. Certain exceptions may apply, such as cases involving minors or when injuries are not immediately apparent.
What Happens After Filing a Personal Injury Complaint?
Filing the complaint is just the beginning of your case. After the defendant receives the complaint, they must respond within a specified time, typically 20–30 days. Their response may include admitting fault, denying liability, or even filing counterclaims. From there, the discovery phase begins, where both sides gather evidence, depose witnesses, and build their cases. Many cases settle before going to trial, but some may proceed to court for resolution. Understanding the steps after filing helps you stay prepared and informed throughout the process.
Common Mistakes to Avoid When Filing a Personal Injury Complaint
Filing a personal injury complaint can be challenging, and small mistakes may lead to delays or weaken your case. Some common pitfalls include:
- Failing to include all necessary details, such as dates or specific injuries
- Missing deadlines for filing or serving the complaint
- Overlooking key evidence, like medical records or accident reports
- Not understanding the legal requirements for proving negligence
- Avoiding these mistakes can strengthen your complaint and ensure your case moves forward without unnecessary complications
Why Work With a Personal Injury Lawyer Serving Yakima, Washington?
Filing a personal injury complaint can feel overwhelming, especially when you are focused on recovering. A personal injury lawyer serving Yakima, Washington, can handle the details while you focus on healing. From writing your complaint to negotiating settlements or representing you in court, our attorneys are here to help. Contact our team at Tamaki Law today at (800) 801-9564 to get started with a consultation. Check our recent case results to gain the confidence to trust us.