In a personal injury case, your first filing document is called a complaint. The complaint states the facts for recovery and the legal grounds for the case. You also state what you want the court to order you in terms of compensation and a final judgment in the case.
Sometimes, it’s necessary to amend your injury complaint. Through no fault of your own, you may find that your original court documents are lacking in some way. Fortunately, Nevada court rules may allow you to change your complaint. Here’s what you need to know about amending your injury complaint from our experienced personal injury attorneys.
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What is a motion to amend complaint?
A motion to amend a complaint is a request to the court to change the original court filing documents. It means to change the basis for the case in some way. A motion to amend a complaint formally asks the court for permission to change the original complaint.
Here are some examples of useful rulings on motions for leave to amend from Trellis Law:
When can you file an amended complaint in Nevada?
You can file an amended complaint in Nevada within 21 days of serving the original pleading. The 21-day rule applies only if the other side hasn’t filed any kind of responsive pleadings.
If the other side has filed responsive pleadings, you can file an amended complaint in Nevada only if the other side agrees or you get leave from the court. Nevada Rules of Civil Procedure Rule 15 governs amended complaints in the State of Nevada.
Do you need a new summons for an amended complaint?
No, you do not need a new summons for an amended complaint. You shouldn’t have to pay an additional filing fee, either. However, you need to ensure that amended complaints are served within the rules for service of process in your jurisdiction. For personal injury lawsuits, an experienced personal injury lawyer can guide you through the process.
How to amend a civil complaint
To amend a civil complaint, you must prepare a new complaint. You title it an “Amended Complaint.” You file it with the court clerk, where you filed your original case. Then, you must serve a copy on all other parties following the court rules for service of process.
It’s essential you follow the correct process in order to move your personal injury case forward. You should also consult with a knowledgeable personal injury attorney to make sure your legal issues are being handled the right way.
Nevada court rule for amending personal injury complaints
The Nevada court rule for amending personal injury complaints is Nevada Rules of Civil Procedure Rule 15. The court rule states the rules for amended and supplemental proceedings. If you’re within 21 days of serving the original complaint, you can amend it without leave or permission of the court. After 21 days have passed, you must get the consent of the other party or approval of the court to amend your complaint.
Will the court grant leave to amend a civil complaint in Nevada?
The court rules say that the courts should be liberal about granting permission to amend a complaint when justice requires it. The rule says, “The court should freely give leave where justice so requires.” This will give you a better chance to receive the fair compensation you deserve for your injuries, including medical bills and pain and suffering.
In most cases, if you file your motion to amend relatively early in the litigation process, the court will approve it. It’s only in cases where the amendment would be unfair to the other party or delay the proceedings that the court won’t allow it.
What does a motion to amend mean?
A motion to amend means you’re changing your original statement to the court. You want the court to disregard what you said before and accept what you’re saying now. A motion to amend may be necessary if you learn new information about your case or if there’s a mistake in your original filing documents. If your motion is accepted, the court disregards your previous statements and accepts your amended filing for the case.
What’s the purpose of amending a personal injury complaint?
Amending a personal injury complaint allows the case to be decided based on new information or changing circumstances. For example, you may not know the true extent of your injuries. Alternatively, you may need to amend your complaint to add new types of damages. Another reason to amend your complaint is that the process of building your claim may reveal new defendants that you may need to add to your car accident case or other personal injury claim.
What is the purpose of the court rules for amended complaints?
The court rules for amended complaints aim to ensure that the legal process is fair to everyone involved. On the one hand, it wouldn’t be fair to a personal injury victim to refuse to allow them to amend the case pleadings if they learn new information or the circumstances change.
But on the other hand, it’s not fair to the defendant to not give them a reasonable amount of time to prepare their case or to drag it out too long because of frequent changes. The court rules for amended complaints aim to strike the appropriate balance between the interests of all the parties.
Contact our experienced injury lawyers
Have you been in a personal injury case? Do you have questions about amending a personal injury complaint? We’re skilled personal injury lawyers at Adam S. Kutner, Injury Attorneys. We can help you pursue your claim to the fullest extent of the law, including seeking an amendment to the complaint as necessary.
Being in a personal injury accident is challenging, whether in a car accident, slip-and-fall accident, or work accident. But you don’t have to fight alone. Our skilled Las Vegas personal injury attorneys are prepared to do whatever it takes for you to receive the justice you deserve, such as amending a pleading on your behalf.
Contact our qualified attorneys for a free and confidential consultation about your claim. We’re accepting new cases and are ready to fight for you.
Adam S. Kutner is a top 100 trial lawyer with 32 years’ experience and expertise that will benefit you
Call us at (702) 382-0000 anytime to schedule a free consultation. We will work to get you the maximum settlement as quickly as possible so you can move forward on your healing journey.
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Adam S. Kutner
PERSONAL INJURY LAWYER
With more than 32 years of experience fighting for victims of personal injury in the Las Vegas Valley, attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free.