Personal Injury Complaint

It means to change the basis for the case in some way. A motion to amend a complaint is the formal way of asking the court for permission to change the original complaint.

Citations If an amendment adds a new party defendant, an amended or new summons naming that party as a defendant must be issued and served upon the new defendant, since no jurisdiction would be obtained by serving him with a copy of the summons that does not name him.

Since the parties are the same, you do not need an amended summons. Same for doe defendants once you ascertain their names. If your amended complaint has new names in the caption, then you want an amended summons, too.

Wrongful death happens when somebody is killed because of another person or entity's negligence or misconduct. Although there may be a criminal prosecution related to the fatality, a wrongful death lawsuit is a civil action that is separate and distinct from any criminal charges.

How Much Are Wrongful Death Settlements? Wrongful death settlements are, on average, $500,000 or more. Your case may be more or less than average. The purpose of a wrongful death settlement is to place a value on the loss of companionship, life, and income that happens when a personal injury results in death.

A wrongful death claim must be filed by a representative on behalf of the survivors who suffer damage from the decedent's death (they are called the "real parties in interest"). The representative is usually the executor of the decedent's estate. The "real parties in interest" vary from state to state.

Elements of Wrongful Death Lawsuits A person's death caused by another person's negligence or by another person's intent to cause the deceased individual harm. Monetary injuries, related to the death, for the surviving family members. Appointment of a personal representative for the estate of the decedent.