Sued for personal injury? Don’t panic—learn how to respond with a powerful civil answer that protects your rights and positions you for success in court.
Getting served with a personal injury lawsuit can feel overwhelming. Whether it’s a car accident, slip and fall, or medical mishap, your first official step as a defendant is filing an Answer. This document allows you to respond to each allegation, assert defenses, and (if needed) counterclaim against the plaintiff.
This guide walks you through how to draft an answer for personal injury claims—strategically, thoroughly, and in compliance with legal procedure.
A civil answer is your official response to the plaintiff’s complaint. It helps you:
Admit or deny each allegation
Assert affirmative defenses that limit liability
Raise counterclaims, if applicable
Avoid a default judgment
Most jurisdictions require this to be filed within 20 to 30 days of being served. Miss that deadline, and you could automatically lose the case.
Start with the court’s name, case number, and parties involved. Clearly label the document as “Answer to Complaint.”
Respond line-by-line to each paragraph in the complaint. You can:
Admit: “Defendant admits owning the vehicle involved.”
Deny: “Defendant denies causing the plaintiff’s injuries.”
Lack Knowledge: “Defendant lacks sufficient information to admit or deny and therefore denies.”
Tip: If part of an allegation is true, admit only that portion—then deny or explain the rest.
These are legal justifications that reduce or eliminate liability, even if the plaintiff’s allegations are true.
Common affirmative defenses in personal injury cases include:
Comparative or Contributory Negligence – Plaintiff was partially at fault
Assumption of Risk – Plaintiff knowingly took on the danger
Statute of Limitations – Case was filed too late
Pre-existing Conditions – Injuries weren’t caused by the incident
Lack of Causation – No link between your actions and the plaintiff’s harm
⚠️ If you fail to raise these defenses in your answer, you may lose the right to use them later.
If the plaintiff’s actions caused you harm, you can file a counterclaim. For example:
They were driving recklessly
They breached a duty to you
Structure it just like a complaint: state the facts, cite the legal basis, and specify what you’re asking for.
This is where you tell the court what outcome you want. Examples:
Dismiss the case
Award legal fees
Any other appropriate relief
The answer must be signed by the defendant or their attorney. Some courts also require a verification statement, swearing the contents are true.
General Denial of Liability – “I’m not responsible.”
Lack of Negligence – “I acted reasonably.”
Causation Defense – “Something else caused the injury.”
Expired Filing Deadline – “The plaintiff sued too late.”
Waivers and Releases – “They signed away their right to sue.”
Self-defense or Defense of Others – “My actions were protective, not negligent.”
Each defense should be specific, relevant, and backed by facts or evidence where possible.
IN THE SUPERIOR COURT OF [County Name] Plaintiff: Jane Doe Defendant: John Smith Case No: 123456 ANSWER TO COMPLAINT
1. Defendant denies the allegations in paragraph 1. 2. Defendant admits the allegations in paragraph 2. 3. Defendant lacks sufficient knowledge to admit or deny paragraph 3 and therefore denies it.
AFFIRMATIVE DEFENSES First Defense: Plaintiff was partially responsible for the accident. Second Defense: The statute of limitations has expired. Third Defense: Plaintiff assumed the risk.
PRAYER FOR RELIEF WHEREFORE, Defendant requests that the Complaint be dismissed with prejudice and that reasonable legal fees and court costs be awarded.
Dated: [Insert Date] [Signature] [Attorney or Defendant’s Name & Contact Info]
✅ File with the court by the deadline
✅ Serve a copy to the plaintiff (certified mail, process server, etc.)
✅ Retain proof of service to avoid delays
When you’re sued for personal injury, silence equals surrender. A well-drafted answer is your first line of defense—and possibly your best chance to turn the case in your favor. Take the time to respond to every allegation, raise solid defenses, and file everything properly.
💼 Let Legal Husk Help You Draft a Powerful Answer
Whether you’re facing a car accident claim or a slip-and-fall lawsuit, Legal Husk can help you craft a legally compliant and strategically strong answer.
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We’ll make sure you don’t miss deadlines, overlook key defenses, or leave gaps in your legal response.
📞 Ready to get started? Visit:
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🧠 Pro Tip: Always respond point-by-point. Grouped or vague answers may be rejected or challenged by the court.
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