This form is a sample complaint for use in a personal injury claim alleging that the defendant's negligence in running over downed power lines caused injury to the plaintiffs.
North Dakota Complaint regarding Negligence
State:
Multi-State
Control #:
US-PI-0132
Format:
Word;
Rich Text
Instant download
Description
Free preview
How to fill out Complaint Regarding Negligence?
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FAQ
WHAT IS A COMPLAINT? A Complaint in a civil action is a document from the Plaintiff which states the claims against the Defendant and makes a request for relief. Both a Summons and Complaint are required to start a civil action in district court.
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.
Certain complaints may also fall under the authority of the Attorney General; contact the Consumer Protection division at (701) 328-3404.
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.
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.
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.
Without personal jurisdiction over a party, a court's rulings or decrees cannot be enforced upon that party, except by comity; i.e., to the extent that the sovereign which has jurisdiction over the party allows the court to enforce them upon that party.