Long, Jean & Weschler, P.A. is a personal injury law firm located in Pompano Beach, FL. We offer comprehensive service to personal injury victims on a contingency basis. In other words, we work on your legal case while you work on your physical and emotional recovery from your accident.
As an accident case progresses, our attorneys update our clients. However, it’s always in the client’s best interest to familiarize themselves with different aspects of the legal process and have as many resources at their disposal as possible.
Most civil lawsuits follow the same timeline and structure, and that includes various pleadings along the way. Pleadings are the first explanation that lets lawyers explain the client’s position. These written documents should be strong enough to make your client’s position clear. At LJW Legal, our attorneys take the time to go over your pleading documents to help you better understand the trial process.
Keep reading to learn more about the most common pleadings filed in civil lawsuits.
What’s a Pleading?
A pleading is a formal written document filed with the court as part of your civil lawsuit. They are part of the case file, which means they are a public record unless they’re sealed by a court order. In essence, pleadings are every legal document filed in a lawsuit. Pleadings must be concrete, logical, clear, and well-organized, which is why seeking legal advice from an experienced attorney is critical.
While pleadings are tailored to the case and the particular type of pleading, they do follow a similar format. Most pleadings contain the following elements. For context, we will use a car accident since it’s one of the more prevalent case types in Broward County. This is what a pleading filed by our firm might look like:
IN THE CIRCUIT COURT OF BROWARD COUNTY, FLORIDA
JOHN DOE, Plaintiff,
vs.
JANE SMITH, Defendant
Case No.: 2025-CA-00001
COMPLAINT FOR NEGLIGENCE
Plaintiff, John Doe, by and through his undersigned counsel, hereby files this Complaint against Defendant, Jane Smith, and alleges as follows:
1. Parties
- Plaintiff, John Doe, is a resident of Broward County, Florida.
- Defendant, Jane Smith, is a resident of Broward County, Florida.
2. Jurisdiction
- This Court has jurisdiction over this matter because the motor vehicle accident occurred in Broward County, Florida, and both parties reside in this jurisdiction.
3. Facts
- On June 1, 2024, at approximately 3:00 p.m., Plaintiff was lawfully operating his vehicle on Atlantic Boulevard.
- Defendant, while texting, failed to stop at a red light and collided with Plaintiff’s vehicle.
4. Cause of Action – Negligence
- Defendant had a duty to exercise reasonable care while operating her vehicle.
- Defendant breached that duty by failing to yield and driving negligently.
- As a direct result of Defendant’s negligence, Plaintiff suffered injuries, including medical expenses, emotional distress, and loss of income.
5. Damages
- Plaintiff seeks damages in the amount of $75,000 to cover medical bills, pain and suffering, and lost wages.
PRAYER FOR RELIEF
Wherefore, Plaintiff requests judgment against Defendant for:
- Compensatory damages of $75,000,
- Costs of the suit,
- Any further relief this Court deems just and proper.
DATED: October 15, 2024
Respectfully submitted,
Lyle Long, Attorney for Plaintiff
Long, Jean & Weschler, P.A. 1937 E. Atlantic Blvd. Suite 205
Pompano Beach, FL 333060
Phone: (954)715-2400
The above text is an example of a complaint, which is a type of pleading. In the next section, we will discuss the various types of pleadings and how they would apply to your case.
Types of Pleadings
The rules of jurisdiction determine the different types of pleadings. These are some of the most common types of pleadings in civil lawsuits. It’s important to have an overall understanding of these pleadings, which will give you a better idea of the case’s timeline.
Complaint
Every lawsuit begins when a plaintiff files a complaint against a defendant. This complaint, also known as a petition, is basically a written statement outlining the plaintiff’s case. Here, the plaintiff states their version of the facts and asks the court to order some kind of relief, often monetary damages as compensation for a loss. We have already provided an example of a complaint above.
Answer
This document follows the complaint, and it’s the defendant’s written response to it. Here, the defendant responds to the facts and allegations in the complaint. This is the defendant’s opportunity to plead an affirmative defense, which includes anything that would excuse the defendant’s liability. It’s extremely important to work with an attorney to write your answer pleading, as this is your opportunity to state your version of the facts you’re being accused of.
For example, an answer to the sample complaint that we provided above might argue that the defendant had the green light and was not texting at the time of the incident. It may may accuse the plaintiff of negligent behavior.
Counterclaim
When the defendant asserts their own harm as part of the same incident that gave rise to the lawsuit, the defendant can then file a counterclaim against the plaintiff. This is common for damages resulting from a car accident, for example. If you believe the plaintiff is at fault for the accident, thus they’re responsible for your injuries, you could file a counterclaim against them.
Florida has a modified comparative negligence law, which allows plaintiffs to recover damages as long as they are less than 50% responsible for the accident. So, in our red light intersection accident example, the defendant may counterclaim that the plaintiff was speeding, which could mean that they’re partially responsible for both of their injuries. If the court determines that the plaintiff was 20% responsible for the accident, they would reduce the damages by that amount.
Cross-claim
As each party reviews discovery evidence, the attorney or attorneys may discover new information that changes the case. A cross-claim is made by either party to change or expand the information provided in the original pleading document. In this case, an amended complaint will be filed to include allegations not included in the original document.
For example, if the defendant involved in a car accident had a previously undisclosed medical issue that affected their driving at the time of the accident, the plaintiff’s attorney may want to include that in their filing. They might want to modify the original complaint.
Third-Party Complaints
In some accidents, the defendant may believe that a third party is responsible for some or all of the damages. In this case, an attorney may file a third-party complaint to name this other party as a defendant. For example, the defendant may claim that an accident was partially caused by road construction. Their attorney may file a pleading to hold the construction company or the DOT responsible.
Replies
This is a less-common type of pleading that’s filed by the plaintiff’s attorney to respond to an affirmative defense or if the court orders it in response to a defendant’s request. For example, the defendant may concede that the plaintiff’s allegations are true, but they do not believe that they constitute liability. In this case, the plaintiff may have to file a reply.
Pleading Requirements
Regardless of whether you’ve been in a car accident or some other type of personal injury case, pleadings must have all of the elements listed here:
Questions to Ask Your Attorney?
During your consultation with your attorney, you want to come prepared with a set of questions that will help you understand more about your pleadings. Some questions to ask your attorney include:
What happens if I ignore a complaint?
As a plaintiff, you are less likely to receive a complaint from the defendant’s attorney. However, in the event that you receive a complaint, you will have 20 days to respond after you’ve been served. If you ignore the complaint, the court may enter a default judgment against you. While this may happen in your case, most insurance companies will answer the complaint in the allotted time.
What type of pleading should I file based on my case?
Your attorney will be able to advise you of the type of pleading in your case and will prepare the document. If you are the plaintiff, your case will usually begin with a complaint. You may, however, have to file cross-claims or replies as the case develops.
How do I know the best format for my plea?
Your attorney will prepare the format with the required elements. The format is mandated by law, so it’s essential that you have it prepared by a professional.
How do I know I have enough evidence for a counterclaim?
If you are the defendant in an accident case, you may feel that the plaintiff is fully or partially responsible for your injuries. If this is true, a personal injury lawyer may pick up your case on a contingency basis. If that’s not possible, retain the services of a civil defense lawyer to argue your side of the case. If the claim against you is covered by an insurance company, they may be the sole defendant. They will appoint an attorney to your claim. It’s important to remember, however, that the insurance company’s attorney will represent their interests.
What’s the difference between a pleading and a motion?
Pleadings are formal written statements to the courts. They help to identify and define legal issues around the case. Motions are requests to the court for orders or rulings. For instance, if a plaintiff believes that the defendant is withholding certain information, the plaintiff’s attorney can file a motion requesting the court to order the defendant to provide the evidence they’re seeking.
Pompano Beach Personal Injury Lawyers
At LJW Legal, our attorneys always recommend scheduling a complimentary private consultation instead of attempting to file a plea on your own. While it’s true that these documents can be accessed online and that there are many templates you can use from home to draft a trial pleading, having the support and guidance of an attorney can make a significant difference. We represent car accident victims as well as other types of injury cases. Call today for a free consultation.