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Summary: Drafting a Complaint
If you’re preparing to file a lawsuit, your complaint is the document that starts the case. This guide explains—in plain English—what a complaint is, the essential elements it must include, how to draft one step-by-step, common mistakes to avoid, and the Tennessee and Mississippi rules that often trip people up. We also provide practical examples and answers to the questions we hear most.
Table of Contents
- What Is a Complaint in Legal Terms?
- Purpose of Drafting a Complaint
- Key Components of a Complaint
- How to Draft a Complaint (Step-by-Step)
- Examples of Effective Complaint Language
- Tennessee & Mississippi Requirements
- Common Drafting Mistakes to Avoid
- Filing and Serving the Complaint
- When to Hire an Attorney
- FAQs About Drafting Complaints
What Is a Complaint in Legal Terms?
A complaint is the pleading that opens a civil lawsuit. It identifies the parties, the court, the basic facts, the legal claims (causes of action), and the relief you’re asking the court to grant. After the complaint is filed and properly served, the defendant must respond (usually by filing an answer or a motion).
Plainly put: the complaint is your case’s foundation. If it’s vague, incomplete, or poorly drafted, the entire case wobbles.
Purpose of Drafting a Complaint
- Give fair notice of what the case is about and the legal basis for each claim.
- Preserve claims before the statute of limitations runs.
- Frame discovery and motion practice; a precise complaint keeps the case on track.
- Invite settlement by clearly stating damages and liability theory.
Key Components of a Complaint
- Caption & Parties — Court name, docket space, party names, addresses if required.
- Jurisdiction & Venue — Why this court has authority and is the proper location.
- Introductory Allegations — Who’s who and a short case overview.
- Statement of Facts — Chronological, concrete facts supporting each claim.
- Causes of Action — Each claim in its own count with elements tracked to facts.
- Damages & Relief Requested — Economic, non-economic, punitive (where permitted), injunctive relief if applicable.
- Jury Demand — If seeking a jury, include it as required by the rules.
- Verification/Signature Block — Attorney or self-represented party signature; bar number where required.
- Exhibits (if used) — Contracts, photos, or notices referenced in the complaint.
How to Draft a Complaint (Step-by-Step)
Step 1 — Confirm Jurisdiction, Venue, and Limitations Deadlines
- Identify the proper court and filing deadlines.
- Note any pre-suit requirements (e.g., notice letters or certificates in certain cases).
Step 2 — Outline the Parties and Roles
- Full legal names; corporate status if applicable.
- Clarify relationships (driver, employer, property owner, manufacturer, etc.).
Step 3 — Gather and Organize the Facts
- Build a dated timeline.
- Include who, what, when, where, how—stick to factual, provable statements.
Step 4 — Match Facts to Legal Elements
- For each cause of action (e.g., negligence), list the legal elements and tie facts to each one.
- Keep each claim in a separate “Count” for clarity.
Step 5 — Draft Clear, Numbered Allegations
- Use short, numbered paragraphs.
- Avoid legalese when plain English is clearer (judges appreciate clarity).
Step 6 — State Damages and Relief
- Itemize categories (medical bills, lost wages, pain and suffering, property damage).
- If punitive damages are sought, allege the specific facts supporting them.
Step 7 — Add Jury Demand (if desired)
- Follow local rule language; include in caption or final section as required.
Step 8 — Review, Cite, Attach
- Check rule compliance (format, page limits, signatures).
- Attach any referenced exhibits.
Step 9 — Final Proof & Compliance Check
- Verify names, dates, addresses, and calculations.
- Confirm you’re using the correct court form, fee, and e-filing procedure.
Step 10 — File and Arrange Service
- File with the clerk or through e-filing.
- Promptly serve the defendant under the applicable rules.
Examples of Effective Complaint Language
Introductory paragraph:
“Plaintiff Jane Doe brings this action for negligence against Defendant ABC Delivery, Inc. arising from a motor vehicle collision on March 3, 2024, at the intersection of Main Street and Union Avenue in Memphis, Tennessee. As a direct and proximate result of Defendant’s negligence, Plaintiff suffered bodily injury, incurred medical expenses, lost wages, and endured pain and suffering.”
Negligence count (elements tracked):
- Duty: “Defendant owed a duty to operate its vehicle with reasonable care.”
- Breach: “Defendant breached that duty by failing to stop at a red traffic signal.”
- Causation: “Defendant’s breach directly and proximately caused the collision.”
- Damages: “Plaintiff sustained cervical strain, required physical therapy, and lost two months of wages.”
Damages paragraph:
“Plaintiff seeks compensatory damages for medical expenses (past and future), lost income, diminished earning capacity, pain and suffering, emotional distress, property damage, and any other relief deemed just.”
Tennessee & Mississippi Requirements
- Pleading Standard: Complaints must give fair notice of the claim and grounds; conclusory labels without supporting facts risk dismissal.
- Venue & Jurisdiction: Confirm county and court level (General Sessions vs. Circuit/County; Chancery where equitable relief is sought).
- Jury Demand: Make it timely and in the form required by local rules.
- Service of Process: Strictly follow rules for individual, corporate, and out-of-state defendants.
- Damages: Be mindful of any statutory caps or special pleading requirements for punitive damages.
- Attachments: If you reference a written instrument (e.g., a contract), consider attaching it as an exhibit.
(Note: This guide is informational; statutes and court rules change. Always confirm the current rule text.)
Common Complaint Drafting Mistakes to Avoid
- Vague facts: “Defendant was negligent” without specifics.
- Combining claims: Mixing multiple causes of action into one count.
- Wrong court or venue: Filing where jurisdiction is improper.
- Missing parties: Not naming the correct corporate entity or employer.
- Over-pleading damages: Requesting categories not allowed or unsupported.
- Skipping exhibits: Referencing a contract/policy but not attaching it.
- Missing deadlines: Letting the statute of limitations expire.
- Service errors: Improper service that jeopardizes the case.
Filing and Serving the Complaint
- File: Pay the filing fee or request a fee waiver if eligible; follow e-filing rules when required.
- Issue Summons: Obtain the clerk-issued summons with correct defendant name and address.
- Serve: Use an authorized process server, sheriff, or other approved method. Keep proof of service.
- Track Deadlines: Calendar the defendant’s response deadline and any mandatory conferences.
When to Hire an Attorney
Consider hiring an attorney when:
- Liability is disputed or involves multiple parties.
- Injuries and damages are significant or permanent.
- Insurance companies are pressuring for quick, low settlements.
- You’re unsure about jurisdiction, venue, or procedural rules.
- You want to preserve all categories of damages and maximize recovery.
Free Case Review: Speak with our Tennessee and Mississippi personal injury team about drafting, filing, and serving your complaint the right way.
FAQs About Drafting Complaints
What is the first step in drafting a complaint?
Confirm jurisdiction, venue, and deadlines; then outline parties and facts.
How detailed should my facts be?
Provide clear, chronological facts that support every element of each claim—concise but specific.
Do I need to attach evidence to the complaint?
You generally don’t attach all evidence, but if you reference a contract, policy, or written notice, attach it as an exhibit.
How long should a complaint be?
Long enough to give fair notice and support each claim’s elements—brevity with clarity beats volume.
What happens after I file the complaint?
The court issues a summons; you must properly serve the defendant, who then files an answer or motion.
About John Michael Bailey Injury Lawyers
We help injured people in Memphis, Tennessee; Tupelo, Mississippi and surrounding areas. Our litigation team drafts, files, and prosecutes complaints in personal injury matters including auto collisions, premises liability, product defects, and wrongful death.
Free Consultation: Call us at 888-WE-FIGHT or visit our booking page for a FREE case evaluation. If we take your case, you pay nothing unless we recover compensation for you.
