Filing a negligence action with the court is the best way to receive compensation for an injury at the hands of someone else. While you can hire an attorney to handle your case, some negligence cases are so simple that you can truly handle it yourself. After all, who understands the facts of your case better than you?
If you believe that you were injured due to someone else's carelessness, you should begin gathering as much evidence as possible. If you have physical injuries, seek treatment from a doctor. If you were in an accident, take photos of the scene and your damages. It is much easier to produce this kind of evidence immediately after the incident than it will be later, so it's best to do this now.
Once you have decided to file suit, you need to draft a complaint. A complaint is a legal document that is filed with the court that details what you happened to you, and what you are seeking from the court. You can see a sample complaint by visiting your local courthouse. You should do this, as there are detailed formatting rules which vary by jurisdiction.
Your complaint must allege all of the elements of negligence. In order to succeed in a negligence case you must allege that the defendant owed you a duty, that they breached that duty, that you were injured, and that your injury was the result of their breach.
In most negligence cases, the duty owed will be the duty to do whatever they were doing in a safe manner. There is no requirement that the defendant foresee that his behavior posed a risk to the plaintiff. Duty is basically a standard of conduct that people are required to adhere to.
The failure to conform to the required standard of care is breach. Examples of a breach of duty include speeding, failure to maintain safe walkways, ect.
Causation, the third element of negligence, exists where the injury complained of is the natural and probable result of the defendant's negligence, taking into consideration the negligenct act and the ensuing harm.
Finally you must allege damages. These can be physical injuries or economic damages. You should factor in your medical expenses, future medical expenses relating to the injury, loss of earnings, and loss of property. You can also include damages for pain and suffering.
At the top of your complaint, you must have the appropriate caption. This varies by jurisdiction, but usually includes the names of the plaintiff and defendant, and the name of the court.
You will also be required to sign and date your complaint, and may need to provide other information as well. You should contact the clerk's office in your jurisdiction to determine exactly what needs to be included in your complaint.
