Complaint and Answer

When you’re confused by legal terms, wouldn’t it be great to talk to a lawyer who simplifies the jargon of civil law and speaks in clear language? The founding partner in our car accident law firm, The Kryder Law Group, LLC Accident and Injury Lawyers, has done that for you with this glossary of legal terms.

Here’s the difference between a complaint and answer.

What Is the Difference Between a Legal Complaint and an Answer?

There’s two main documents that initiate a lawsuit: the first one is a complaint. This legal document is filed with court clerk by the plaintiff, outlining the allegations that the plaintiff asserts against the defendant.

The answer to the complaint is the document filed by the defendant, and it responds to each of the allegations in the plaintiff’s complaint.

So, the complaint initiates the lawsuit, and the answer responds to the complaints in the lawsuit.

Andrew Kryder, Chicago Personal Injury Lawyer, Explains a Legal Complaint and Answer

Listen to Andy Kryder, a Chicago personal injury attorney known for making complex legal terms easy to understand, as he explains a legal complaint and answer.

What Is a Legal Complaint?

“The complaint is the document that the plaintiff (the person who feels like they’ve been harmed in civil procedure) files with the court. It sets forth allegations that the other person or entity that they’ve sued has done to cause them harm, and it also sets forth whatever cause of action they are seeking relief under.”

What Is an Amended Complaint?

An amended complaint is a revised lawsuit document by the plaintiff to update allegations, add claims, or correct errors. It ensures accurate information as the case progresses, requiring a corresponding amended response from the defendant. An amended complaint may occur in a civil lawsuit or as an amendment to a criminal complaint.

Andy Gives Examples of a Cause of Action

He further explains how a plaintiff’s attorney may be seeking relief, “Meaning damages or judicial order. [It] could be breach of contract, it could be tort: meaning negligence, medical malpractice, any of those types of things.”

Is a Complaint Different from a Petition?

Andy explains that in legalese, a petition and a complaint are the same thing, “A complaint or a petition is sometimes used interchangeably, and the answer is the document that the defendant files in response to the complaint.”

What Is a Legal Answer?

“Think of it this way,” Andy continues, “the harmed person alleges in detail what they feel has happened, and then the answer responds to each of those allegations in turn.”

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