The motion to amend a complaint is to revise the original complaint filed by the plaintiff and their attorney. As more evidence comes to light through interrogatories and depositions, there may be additional violations that resulted in injury. For example, negligence may have been filed as the only complaint in your personal injury lawsuit. However, premises liability and punitive damages may need to be added as you discover how the careless actions came to be, In this case, a motion to amend the complaint will need to be filed.
How are Motions to Amend the Complaint Filed?
An amended complaint is filed by the plaintiff or their lawyer. Under US Law Rule 15 of Civil Procedure, a plaintiff is allowed to amend their complaint one time within 21 days of serving the original complaint or at any point before the defendant answers the complaint. A motion to amend must be filed with the courts and include:
- A copy of the proposed amendment
- State the allegations that are being removed or added
- Include a declaration that explains why the amendment is necessary
- Include when the facts for the amended allegations were discovered
- Include why the request for amendment was not made earlier
Once the amendment is filed, the court will rule on the changes to the original complaint. Plaintiffs can choose to amend the complaint for numerous reasons, such as including additional claims, correcting statements, adding additional parties to the suit, and clearing up inadequate claims.
Benefit of Amending a Complaint with a Lawyer
While you are not required to have a lawyer to amend a complaint in a personal injury case, it is recommended. It is proven that the majority of accident victims tend to be compensated more with an attorney than without one. For that reason, you should consult with an experienced Personal Injury Lawyer before amending a complaint. An attorney can:
- Protect your right to negotiate for a higher settlement
- Amend your complaint to accurately reflect your damages
- Manage your claim with the insurance if they refuse to negotiate a fair settlement
Once a lawsuit is filed, the lawyer will begin the negotiation process with the liable party’s insurance. This process always begins with a demand letter. A demand letter is normally written by an attorney and includes:
- The time, date, and location of the accident
- The name of the person/company/government entity at fault, along with their contact information (if applicable)
- Details of the injuries you’ve sustained directly from the accident
- Summary of damages incurred, which include medical bills, lost wages, and non-economic damages
- Supporting documents, which may include X-rays, MRIs, and other photos or videos of the accident if you have them
Get Legal Help with Your Personal Injury Case in California
Whether you’re looking for a more experienced law firm to handle your case, or your pursuing a personal injury claim for the first time, our firm is here to help guide you through the legal process. We have years of experience amending complaints and filing motions to create the best outcome for our client. For expert legal help, contact Maison Law today for a no-cost, confidential consultation.
