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Filing and Serving a Complaint Letter in a Personal Injury Case

Seth Harris

Last modified on February 3, 2023

Filing and Serving a Complaint LetterOne party initiates a personal injury lawsuit against another party by filing and serving a complaint with the civil court. A complaint is a legal document outlining various aspects of a case. It can include a brief description of the accident and each allegation by the injured party against the defendant.

The plaintiff must pay a filing fee to file the complaint with the court. A filed summons must accompany the complaint. An authorized individual, such as a process server, must deliver both documents to the defendant.

Here we explain the components of a complaint and how it differs from a demand letter.

What’s the Difference Between a Complaint Letter and a Demand Letter?

The primary difference between a complaint and a demand letter is the circumstances involved. To initiate a claim, you submit a demand letter with the at-fault party’s liability insurance company. A complaint is a legal document filed with a court during a third-party lawsuit.

As the injured person in an accident, you should hire an attorney to compose a demand letter to the insurance carrier.

A demand letter often includes the following:

  • Description of the incident – You must describe the events leading up to the accident in your own words. That might include explaining why you believe the other party should be liable for your injury.
  • Proof of fault – You must outline the at-fault party’s actions and how they contributed to the accident. You can describe what they did in the moments before the incident. Also, you can include eyewitness statements and copies of official documentation such as police reports and accident scene photos.
  • Medical treatment – You must also describe the type of treatment you sought for your injury. The letter should include a treatment timeline with the doctors’ names and dates of each treatment. You should also explain whether your injury improved or caused problems such as an inability to work.
  • Compensation – The last part of the demand letter involves the proposed settlement amount. You must provide a figure indicating the expenses you have from the accident and an estimate of future costs you might have due to a permanent or disabling condition. The settlement amount you indicate in the letter should be enough to compensate you for your losses.

A demand letter begins negotiations with the insurance adjuster. The adjuster will review the letter and corresponding evidence you provide to determine whether to accept your proposed settlement or counter with a different number. If the insurer denies your claim or refuses to settle for an amount you believe is fair, filing a lawsuit may be your next step.

A complaint formally notifies the defendant of the legal action someone is taking against them. You must file the complaint with the court to initiate legal proceedings.

You must also file a summons and serve both documents on the defendant. The summons informs the defendant of the lawsuit and instructs them how to respond. Typically, civil lawsuits require defendants to respond by filing an answer to the complaint with the court.

What Is Included in a Complaint Letter?

Complaint LetterA civil lawsuit begins with a complaint. Settling a personal injury case during an insurance claim is possible. However, a lawsuit may be necessary if the insurance company doesn’t offer an adequate settlement.

You can name the insurance carrier and the party responsible for harming you as defendants in the complaint. The document must start by identifying the parties in the civil action. You can also briefly describe how the accident occurred and the types of injuries you sustained.

You must also list the allegations of the defendant’s conduct. If there is more than one allegation, outline each in a numbered list. Each allegation should include the legal basis for holding the defendant liable. Since personal injury often involves negligence, you can explain how the defendant’s negligent actions caused your injury and why they should be financially responsible.

You must also include the legal remedy you wish to recover from the lawsuit. Personal injury cases often involve monetary awards to pay medical bills and compensate the injured party for their pain and suffering and other non-economic losses. You can address the value of your case and the compensation you seek from the defendant.

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Lawsuits are time-consuming and complicated. You should not handle the process alone. Let a New York personal injury lawyer from [firm-name] help.

Our legal team is dedicated, hard-working, and empathetic. We truly want you to get the compensation you need to recover and regain control of your life. We have recovered over $500 million for past clients and look forward to helping many more.

Call us at 800-PAIN-LAW for a consultation if someone else’s negligence caused your injury in an accident. We are ready to represent you and seek the compensation you deserve.

Over $500 Million in Verdicts and Settlements

Our track record showcases over $500 million won for our clients. Each victory underlines our commitment to justice and client care. Explore our impact, case by case.

VERDICT

$17,500,000

A Brooklyn jury awarded Mr. Vargas $17.5 million for the City of New York’s violation of his civil rights for failing to provide him medical care while in custody. The jury found that the police officers involved failed to provide the necessary medical treatment and awarded $17.5 million to Mr. Vargas.

VERDICT

$4,730,398

Harris Keenan & Goldfarb partners Seth Harris and Sheri Holland obtained a $4,730,398.00 jury verdict on behalf of our client who tripped and fell at a private apartment building in the Bronx, suffering a broken foot that developed a very painful, permanent neurological condition called Reflex Sympathetic Dystrophy (“RSD”).

VERDICT

$12,561,772

A Bronx jury awarded John Doe over $12 million for an accident on a construction site. John Doe was working when a piece of scaffold weighing 35 pounds fell, striking John Doe in the lower back. John Doe suffered a herniated disc requiring surgical removal of a portion of the disc and permanent nerve damage.

VERDICT

$10,500,000

A Bronx jury awarded $10.5 million to the mother of Malcolm Ferguson, who was wrongfully shot and killed by the New York City Police Department. The police officer, Louis Rivera, also a defendant in the case, was found to have used excessive force in violation of Malcolm Ferguson’s civil rights as protected under the United States Constitution.

VERDICT

$4,000,000

A Bronx jury awarded plaintiff William Cardoza $4 million for injuries caused by the use of excessive force during an arrest. During the arrest, Mr. Cardoza was pepper-sprayed and repeatedly hit with a police nightstick. As a result, Mr. Cardoza sustained injuries to his hand and finger.

VERDICT

$3,470,670

The firm’s client, a 33-year-old teacher’s assistant, was scalded by an espresso machine that exploded while the defendant’s employee was demonstrating how the machine worked. The client was a customer at the defendant’s coffee shop on the date of the accident and suffered first-degree burns to her right (dominant) hand.

VERDICT

$4,000,000

The firm represented the mother- decedent and her infant son. During the decedent’s admission to the defendant hospital, the defendant dispensed anesthesia during an epidural to the decedent in an inadequate manner. The mother-decedent suffered personal injuries and wrongful death due to the defendant’s failure to properly administer epidural anesthesia.

VERDICT

$3,823,000

Mr.Brennan fell from approximately 25 feet while working on a construction project. He suffered a shattered bone in his right leg requiring surgery and hardware placement. Mr. Brennan also suffered two fractures in his facial bones, and a dislocated finger requiring surgical repair.

VERDICT

$2,750,000

The firm’s client was a child with cerebral palsy who was injured as a result of medical malpractice. The firm’s clients claimed improper management of pregnancy, labor, and delivery resulting in brain damage, and received a Brooklyn personal injury settlement.

VERDICT

$1,677,835

The firm’s client, a 63-year-old mentally incompetent man, slipped and fell in his own urine while attempting to walk to the bathroom at the defendant’s senior citizen home. The client fractured his hip and as a result is confined to a wheelchair for the rest of his life. The client claimed that the staff of the home failed to properly care for him, and the jury awarded $1,677,835.

VERDICT

$2,995,000

The firm’s client, a 47-year-old male, slipped and fell on a public sidewalk in the Bronx. It had snowed four to five days prior to the date of the accident, and the sidewalk was covered with ice. The client suffered a lumbar fracture and a herniated disc. The jury found the city liable and awarded the client a $2,995,000 personal injury settlement in the Bronx.

VERDICT

$2,610,000

A Bronx jury awarded plaintiff Luis Molina $2.61 million for injuries sustained when he fell down a subway station stairway. Mr. Molina was caused to slip and fall as a result of a plastic bag that had blown onto the steps from a street opening. As a result of the fall, Mr. Molina suffered a herniated disc and a tear of his right shoulder’s rotator cuff. The jury found that the NYC Transit Authority was liable for the accident.

VERDICT

$2,253,714

A Bronx jury awarded Ms. Colon $2.25 million for a trip and fall accident. Ms. Colon was caused to fall when she moved to the right to allow another pedestrian to pass, and her foot rolled to the outside due to the sidewalk being unlevel with the adjoining grass. The jury found the defendant liable and awarded Ms. Colon $2,253,714.00 for her pain and suffering.

VERDICT

$1,900,000

A Brooklyn jury awarded Arvella Floyd $1.9 million for a fractured wrist which required multiple surgeries, including an open-reduction internal fixation and a carpal tunnel release. Ms. Floyd was injured when the hot water knob of the shower fell off after numerous complaints to the superintendent, and scalding water spewed toward her, causing her to
fall and break her wrist.

VERDICT

$1,350,000

A Bronx jury awarded plaintiff Juanita Young $1,350,000 for injuries caused by the use of excessive force during an arrest. During the arrest, Ms. Young, who is legally blind, was handcuffed from behind, with her children watching, and taken to the top of the stairs to exit the building. The officer proceeded to push her down the stairs multiple times.

What Our Clients Say About Us

david Santiagodavid Santiago
18:05 21 Mar 24
Maria RoqueMaria Roque
20:49 15 Mar 24
Excellent person, very Professional, they assist you in any language, your call is always answered. I recommend you for any case of support you have, your refund is satisfactory. and fast
S SS S
14:09 02 Mar 24
I am completely satisfied, and recommend Harris Keenan & Goldfarb as Attorneys to represent anyone. Their care for me physically, and overall helped me stay strong in spite of my injuries. Always available to answer questions, and inform.They got me Justice, and achieved a substantial outcome for my case.I am very impressed, and thankful for their outstanding performance on my behalf.I am very pleased, and significantly satisfied with their representation.‐-Sherylon Wilkins
Robert LennonRobert Lennon
15:26 21 Feb 24
Patient and diligence is how I describe the effort of HKG the work was thorough, honest and fair, I have no complaints. Special thanks to attorney Blake and his paralegal Thierry.
Gene Matos (fanboye)Gene Matos (fanboye)
18:48 15 Jan 24
I first crossed paths with Seth Harris when serving jury duty many years ago. He was so professional and personable, that when my mom was seeking legal counsel for medical malpractice, I told her she had to reach out to his firm. We had meetings with a few different firms, but Harris Keenan & Goldfarb was the only firm that did not try to get us to sign paperwork before even meeting. They took the time to listen and understand our situation before we signed anything, and they were transparent and responsive the whole time. I would like to give special thanks to Samantha Walton, Marla Stein, Val Wallace and Seth Harris for helping my mom through this tough time. They were honest and upfront, and even though Seth Harris wasn't personally on the case, he took the time to meet with us and give us his thoughts on it.
Solange IsaacSolange Isaac
17:52 08 Jan 24
I am pleased with the services provided by Ms Sheri on my case. The team at Harris, Keenan, & Goldfarb were very nice and explained everything to me. Everything that I had questions on they answered without frustration and were prompt and knowledgeable.6 years ago I had a slip and fall accident at my employers place of business. I reached out to them because I knew that I was being wrongfully treated. They took care of the case, restored my self confidence, and brought so much peace to my problem riddled life.I can recommend without a shadow of a doubt the services of Harris, Keenan & Goldfarb to anyone who is in need of someone who will have your back!
Brittany DempseyBrittany Dempsey
16:02 08 Jan 24
My mother had an accident with her ankle back in 2019. I immediately contacted Harris, Keenan & Goldfarb on the day of the accident. They were extremely prompt and helpful. They attended to my mother's case beautifully and she's been recovering well. I'd like to thank you for being so diligent, kind and above all professional. I'd recommend this law firm to anyone who are injured and in need of legal assistance. My mother, Andrea, and I thank you for everything.
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