In most cases, the first document filed with a court to initiate a personal injury lawsuit is the Complaint or Petition. This document outlines the Plaintiff's (injured party's) case, as well as providing the names of all parties involved and the court's jurisdiction.
Step 2: Summons
The summons is the court's official notice to the Defendant(s) in a personal injury lawsuit that they are being sued. This document also alerts the Defendant(s) to time limits and dates for filing responses and other materials relevant to the case.
Step 3: Answer
Defendants may answer the Summons with detailed responses to each allegation in the Complaint. They may choose to admit or deny each of the Plaintiff's assertions, or they may answer that they have insufficient knowledge to either admit or deny a claim. This is also a Defendant's opportunity to attempt to get a lawsuit dismissed before it gets too far along.
Step 4: Cross-Claims (optional)
A Cross-Claim in a personal injury lawsuit occurs when there are more than two parties on either side of the case (plaintiffs or defendants). For example, if a Plaintiff sues both Defendant A and Defendant B for a personal injury, Defendant B may sue Defendant A as having been the cause of or impetus to Defendant B's own actions. This Cross-Claim will be subsumed under the same lawsuit and adjudicated simultaneously.
Step 5: Third-Party Claimant (optional)
In some personal injury cases, the Defendant may have reason to try to pass off the legal responsibility to a third party. The Defendant then will file a Third-Party Complaint with the court as part of the original lawsuit filed by the Plaintiff. This will bring in the third party as another Defendant, as well as keeping the original Defendant involved as long as the court deems it necessary.
