My Lawyer Says We’re Serving A Summons and Complaint In My Case. What Is That?

by Friedman & Ranzenhofer, PC on April 2, 2010

in Buffalo Injury Questions and Answers

If you suffer a serious personal injury in the City of Buffalo or elsewhere, it is likely that your case will reach the point where your attorney files a document known as a Summons and Complaint.

A Summons and Complaint is really two documents.  The Complaint is a document setting forth some basic information about the event leading to your injuries, such as the names of the parties involved, the date of the incident, and the location where it occurred.  It will also state that your injuries are the result of the negligence of the defendant and that you are seeking a judgment against the defendant as compensation for your injuries.  

The Summons is a document requiring the defendant to provide an answer regarding the allegations in the Complaint.  These two documents are served upon the defendant in your case, and they, usually through an attorney, are required to respond.

In some ways, the serving of a Summons and Complaint can be looked on as the point where a personal injury case really begins.  While attorneys and insurance adjustors may engage in talks in an effort to settle a case prior to filing a Summons and Complaint, once the Summons and Complaint is filed, it initiates more formal legal proceedings.  It does not necessarily mean the case will go to trial, but it does indicate that a court is likely to be, at least to some extent, involved in the settlement of the case.

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