North Dakota General Personal Injury Complaint

State:
Multi-State
Control #:
US-PI-0020
Format:
Word; 
Rich Text
Instant download

Description

This form is an sample general personal injury complaint which requires the insertion of the specific facts of the particular case, cause of action, and remedy sought.
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FAQ

It starts by identifying the parties involved (and thereby establishing why the court has jurisdiction) and proceeds to lay out the facts upon which the cause of action is based. Once the story of the facts are told, the complaint must explain why the elements of the cause of action are met by the facts.

In many lawsuits there are several causes of action stated separately, such as fraud, breach of contract, and debt, or negligence and intentional destruction of property.

Unless another time is specified by this rule or a statute, the time for serving a responsive pleading is: (A) a defendant must serve an answer within 21 days after being served with the summons and complaint; (B) a party must serve an answer to a counterclaim or crossclaim within 21 days after being served with the ...

In order to properly write a cause of action, several things must be included. The names of the Plaintiff and Defendant. The legal means by which the Plaintiff is bringing the lawsuit. Be sure to only include the facts, not opinions. ... Offer expert opinions and lay out the evidence. ... Request of relief.

How do you identify the cause of action? Establish the existence of a legal possessory right. Determine defendant's legal duty to act. Prove wrong or violation toward the plaintiff. Establish the concurrence of right, duty, and wrong. Prove damage or loss. Demonstrate concurrence of wrong and damage.

A party that fails to act before such a deadline can be held in default by the court. Indeed, if you file a personal injury lawsuit against a person or business, and they never respond at all, you can ask the judge to enter a ?default judgment.? Basically, this means you win your case automatically.

The term claim is generally synonymous with the phrase cause of action, though some contexts prefer to use one of the terms over the other. For example, in the field of insurance, you generally file a claim for coverage under a policy rather than file a cause of action for coverage under a policy.

Certain complaints may also fall under the authority of the Attorney General; contact the Consumer Protection division at (701) 328-3404.

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North Dakota General Personal Injury Complaint