When an accident victim wants to initiate a Maryland personal injury case, they must file a complaint. A complaint is a legal document that commences a lawsuit. In Maryland, a complaint must contain the legal justification for the plaintiff’s claim, including the essential facts and legal justification for what the plaintiff requests. Additionally, Maryland law requires that a plaintiff identify each party by name, rather than file the claim against a “John Doe” defendant.
One of the most important aspects of the complaint is the legal justification for the plaintiff’s claim, including the statement of facts that support the plaintiff’s justification. While the federal system allows for the more relaxed form of notice-pleading, Maryland is a fact-pleading jurisdiction. In Maryland, a plaintiff must present a “simple, concise, and direct” explanation of their claim.
If a plaintiff fails to properly plead their complaint, the defendant can move to dismiss the case. A recent case illustrates the importance of correctly pleading a case.