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November 29, 2017

Personal injury cases are one specific kind of a broader class of lawsuits known as civil lawsuits.

In many personal injury cases, a good lawyer will be able to settle out of court before having to resort to taking the case to trial.  This is often a preferable outcome given that bringing a civil suit is a serious decision that takes a lot of time and resources.  The following information will be helpful to know for personal injury cases, particularly if you choose to represent yourself (which is not recommended, as an experienced attorney will maximize your chances and handle much of the paperwork for you)

Some simple civil lawsuit terminology

The definition of a lawsuit is when someone files in court a legal claim against someone else, i.e., a person, business, or governmental entity.  Lawsuits are also referred to as cases, actions, or proceedings.  The term “party” means a person, business, or government entity involved in the lawsuit.  The party that is filing suit is the Plaintiff.  The party being sued is the Defendant.  The event or facts that provide you with a legal reason to sue are defined as a cause of action.  An allegation is a statement you make about a fact that you assert to be true or provable.  A cause of action can consist of one or more allegations.

The cause of action is the event or series of facts that form the basis upon which you intend to sue.  The complaint is made up of one or several true or provable allegations that amount to a cause of action.  You must have a legally viable reason to sue.  You cannot sue someone simply because you are angry with them, for example.  Many different reasons exist under the law to sue.  In reaching your decision to sue, it will be necessary to research laws, historical case decisions, and other relevant legal material.  The Connecticut Judicial Branch Law Libraries contain resources to help you find your cause of action.

Writing a complaint

The first step in beginning a civil lawsuit involves writing a complaint.  A complaint makes a statement to the defendant explaining why he or she is being sued.  The complaint is detailed in Connecticut General Statute’s section 52-91 and Connecticut Practice Book section 10-20.

No pre-printed form or template exists for writing a complaint.  You will have to write it on your own.  To do this, it will be necessary to read and abide by the statutes and court rules.  Refer to Connecticut General Statute’s section 52-91 and Connecticut Practice Book section 10-20 to learn what to include in the complaint.  There you will find the proper formatting guidelines as well as what to include in terms of content.

If you choose to have a competent attorney represent you, the difficult decisions described here will all be taken care of for you.  You won’t have to worry about legal research or even think about most of the process.   Contact Dehghani & Associates today to schedule a no cost consultation to discuss your claim.

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