California motorcycle accident attorney advice: Filing Your Complaint

CONTENTS OF THE COMPLAINT
Your Northern / Southern California motorcycle accident attorney will advise you that lawsuits, such as accidents, begin by filing a document called a complaint. The complaint is normally on a form provided by the Judicial Counsel. Some of the more important information contained in a complaint are:
1. The name, address, phone number and bar number of the personal accident attorney for the Plaintiff (the person filing the complaint).

2. The name and address of the court where the complaint is filed. (Courts are organized by county, so the caption might read "Superior Court of California, Ventura County" or Superior Court of California, Stanislaus County." In an accident case, the county of filing of the suit requires one of the following (called proper venue):
a. At least one Defendant presently resides in the county, or
b. The principal place of business of a Defendant corporation or unincorporated association is in the county, or
c. Injury to person or damage to personal property occurred in the county (the usual place of filing).

3. The name of the Plaintiff.

4. The name of the Defendant.

5. The kind of personal injury action (in this case a motorcycle accident).

6. A statement that damages exceed $25,000.00 (necessary to receive a verdict above $25,000); this allegation is almost always made in personal injury cases even when it appears that damages are less than $25,000.00. This is because the injured Plaintiff could develop complications taking the case beyond a $25,000.00 value).

7. A statement that Plaintiff has complied with any applicable claims statute. For instance, in claims against governmental entities (like cities) a claim must first be timely filed against the entity and it must be rejected prior to filing the lawsuit.

8. A statement that Plaintiff has suffered some or all of the following damages (usually all are initially alleged):
a. Wage loss
b. Loss of use of property
c. Hospital and medical expenses
d. General damages (like pain and suffering)
e. Property damage
f. Loss of earning capacity
g. Finally, the personal accident attorney will usually have a general allegation such as "All other and further relief as the court deems just and proper."