How To File A Lawsuit In Washington State
Any personal injury attorney will tell you that filing a lawsuit is both amazingly simple and yet terribly complex. At its most basic, filing a lawsuit entails writing up a complaint and summons, filing it with the court, and most importantly, paying the filing fee. Serve a copy of the summons and complaint on the defendant and, Voila! You have successfully initiated a law suit.
Many of you may be wondering, however, just what a summons and complaint are. Consider your questions answered. The summons is the easies; it merely tells the defendant that you have filed suit, and that they have 20 days in order to respond to your complaint, or else risk a default judgment against them. The complaint is the document that sets forth the who, what, where, when and why of the lawsuit. The first page of the complaint will contain the caption: The names of the plaintiff and defendant, the court where the suit is to be filed, and a heading identifying it as a complaint.
The actual body of the complaint will then contain some important information that supports the lawsuit. These are usually broken up into subsections. First off, the complaint will assert that the court has Jurisdiction over the case. This requires alleging that the action arose in the county where the suit is being filed, and that the defendants in the case are under the jurisdiction of the state. This can be achieved where the defendants are residents of the state, have been personally served in the state, or have sufficient contacts with the state.
The complaint must also spell out certain Facts that support the lawsuit. Washington is a notice pleading state, which means that a plaintiff must only allege sufficient facts to put the defendant on notice of the claim. Therefore not every individual detail must be recounted with specificity.
Also included in the complaint should be the Cause of Action. This is also referred to as the theory of the case. Here you would spell out if you think the defendant owes you money because he was negligently driving his vehicle, or because he intentionally assaulted you.
A complaint will also include an allegation of Damages. In Washington, however, no actual dollar amount is usually included in this section. Damages are usually defined as general damages, such as pain and suffering, and special or economic damages such as medical bills and lost wages. The complaint should also allege that the damages are a clear and proximate result of the defendants actions or inaction.
Finally, the complaint should include a Prayer for Relief. What is it that you want the court to do? Return lost property, stop a neighbor from building a fence, or reimburse you for the substantial harm the defendants grossly negligent conduct resulted in.
As you can see, the complaint is not a magical, voluminous tomb that cannot be recreated by normal men, but rather a surprisingly short document that specifies the bar bones facts and claims of your lawsuit. As simple as it is, however, it is also very easy to do incorrectly. It is always best to consult a criminal defense attorney before undertaking filing a lawsuit. In many cases, good attorneys can even get you the money you deserve without filing a lawsuit, saving you lots of time and money.
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