Amended Complaint
Definition
An amended complaint is a revised version of the original legal document filed by a plaintiff to start a lawsuit. Attorneys file amended complaints to correct errors, add new defendants, include additional legal claims, update the facts as more information becomes available, or respond to defenses raised by the defendant. Under most court rules, plaintiffs have the right to amend their complaint at least once without the court’s permission, and courts generally allow reasonable amendments to ensure cases are decided on their merits.
How It’s Used in Personal Injury Cases
Amended complaints are common in personal injury litigation as cases develop. During discovery—the process of exchanging evidence—your attorney may learn about additional responsible parties, uncover new facts about how the accident occurred, or discover the full extent of your injuries. For example, investigation might reveal that a commercial truck driver was an employee of multiple companies, requiring an amended complaint to add all potentially liable defendants. Your attorney might also amend the complaint if your medical condition worsens or if additional legal claims become apparent.
Practical Example
After filing a lawsuit against a truck driver who rear-ended you, your attorney’s investigation reveals that the trucking company failed to properly maintain the vehicle’s brakes and that a third-party maintenance company also inspected and negligently approved the defective brakes shortly before the accident. Your attorney files an amended complaint adding the trucking company and maintenance company as defendants and including claims for negligent maintenance in addition to the original negligent driving claim. This ensures all potentially responsible parties are included in the lawsuit.
Why It Matters to Your Case
The ability to amend complaints ensures your case accurately reflects all the facts and legal claims as they develop. Personal injury cases often evolve significantly from the initial filing—injuries may prove more serious than first diagnosed, investigation may reveal additional responsible parties, or new evidence may support additional legal theories. Under Texas Rules of Civil Procedure Rule 63, parties generally may amend pleadings until a specified time before trial, ensuring that procedural rules don’t prevent you from presenting your full case.
Key Takeaway
An amended complaint updates or corrects the original lawsuit filing. This procedural tool ensures your case can evolve as new information is discovered and that all responsible parties and legal claims are properly included.