Mistakes to avoid when filing a formal complaint
Nearly 30,000 personal injury cases were filed in Florida in 2023 alone. These cases were heard in federal courts, which does not even take into account the cases resolved outside of court.
For every 100,000 citizens in Florida, around 128 personal injury cases are filed. This is more than 1,000 percent above the national average.
If you are one of these citizens injured or harmed by another person’s negligence, you may have grounds to file your personal injury case. You must file a formal complaint when filing a lawsuit, which is one of the first steps in the legal process.
The complaint document is the foundation of your case. It spells out your claims (about what happened) and details the compensation you want to sue for.
Your formal complaint must also be error-free. If you make mistakes, it can weaken your case or even result in your case being dismissed. The following are just some of the mistakes you must avoid.
Not meeting jurisdiction requirements
A lawsuit can only be filed in a court with jurisdiction over the case. This means the court has the authority to hear your case and come to a judgment on it. In Florida, jurisdiction is usually determined based on the type of case and the amount of money involved. It also depends on where both parties are located.
When you file your formal complaint, you must ensure you file in a court with jurisdiction over your case. For example, you should file in county court if you seek compensation under $50,000. If you want more than that, you must file in circuit court.
Filing a complaint also means paying a fee and getting the defendant served. You and your lawyer can initiate the process of service documents, but only the court can complete it. Moreover, you should never deliver court documents to the defendant on your own.
Your lawyer may advise you to file a formal complaint and court case to motivate an insurance company to settle. If this does not work, your lawyer can continue the court case. It is important to note that just because you file a lawsuit does not mean you have to go to trial.
You should have a lawyer to assist you with your personal injury case from the start. Your lawyer will have all the necessary knowledge and information about Florida’s jurisdictional requirements to help you file your case.
Leaving out essential facts and details
Your formal complaint is the document that requests the court to render a judgment for compensation. The document must have all the information your lawyer would have outlined in the initial demand letter to the defendant.
Demand letters preceded official complaints. If your lawyer sends a demand letter containing all your case details and describes your losses, it is up to the defendant’s insurer to make a settlement offer.
If the offer is fair, your lawyer will advise you to accept it, and the case will be resolved. However, if the insurer refuses to pay the full amount demanded, you can proceed with the official complaint.
If you leave out important details or provide an incomplete account of events in the complaint document, the court may question your case’s validity.
For this reason, you must work with your lawyer to ensure that every fact and piece of evidence is in the document. Never be vague or ambiguous when describing the incident that injured you. The information and claims must be clear so that the defendant understands what is being demanded and can prepare a response.
This is another reason why hiring an attorney is essential.
Not meeting the statute of limitations
Some plaintiffs believe they have unlimited time to file both a complaint and a court case. This is not true. Personal injury cases are subject to Florida’s statute of limitations, which has been changed from four years to two.
You should never overlook the period you have to file your complaint. If the time expires, you will likely not be allowed to claim compensation. Again, a lawyer can help you keep track of factors like this. Hiring a lawyer as soon as possible will ensure you comply with deadlines.
Using the wrong names
It may seem like a minor issue, but using the wrong names in your complaint makes it difficult for the court to process your case accurately. You may misidentify the defendant or use a nickname instead of their full name.
Before you file your complaint, double-check all the names of every party involved. This includes businesses and organizations.
Other mistakes to avoid
The above mistakes are some of the most common in personal injury complaints, but a lot more errors could complicate your case. For instance, you may fail to state your cause of action. This means you have not stated why you believe the defendant is liable for your injury and what you seek as compensation.
In addition to clarifying why the defendant should be held liable, you must state what you want to be awarded. This usually means monetary compensation.
You may also neglect to attach the required supporting documents for your case. If you do not include these documents, your claim will automatically be weakened. Your lawyer can advise you on Florida’s rules about supporting documents, also known as exhibits.
It will also be a problem if you do not include the filing fee or do not adhere to filing requirements.
Lastly, one of the biggest mistakes you can make is not hiring an experienced lawyer to help you. With a lawyer on your side, you minimize the risk of leaving out information or making unnecessary mistakes.
You can file a complaint independently, but it is always better to consult and hire an attorney specializing in Florida personal injury cases.
Hiring a lawyer helps you avoid costly mistakes
Avoiding common mistakes is easy with the help of a lawyer. When you hire a reputable lawyer and keep the above issues in mind, you are far more likely to win your case and be compensated for your injuries and other damages.
