Filing of Civil Complaint

By Kenneth Vercammen, Esq. Procedurally, the following events occur in most personal injury cases. First, your Attorney must complete our investigation and file. This will involve the collection of information from your physician, your employer, and our investigator. We will need your Doctors to provide us with copies of all bills, medical records and possibly a medical report. When we feel that we have sufficient information to form an opinion as to the financial extent of your damages, we will commence negotiations with the opposition for a settlement. If the insurance company will not make an adequate offer, then a Complaint and Case Information Statement is prepared by your attorney. It is filed in the Superior Court, Law Division. Your attorney then will prepare a summons and have the defendants personally served with the Summons and Complaint. The defendant, through their insurance company, must file an "Answer" within 35 days. COURT RULE 4:2. FORM; COMMENCEMENT OF ACTION 4:2-1. Form of Action There shall be one form of action in civil practice to be known as a "civil action". 4:2-2. Commencement of Action A civil action is commenced by filing a complaint with the court.