IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ALABAMA

[PLAINTIFF NAME],
Plaintiff,

v. Civil Action No.: CV-[YYYY]-_____

[DEFENDANT NAME(S)],
Defendant(s).

COMPLAINT
(Personal Injury – Motor Vehicle Collision)

[// GUIDANCE: Replace every bracketed ALL-CAPS placeholder before filing. Ensure factual allegations accurately reflect your client’s circumstances and supporting evidence.]

TABLE OF CONTENTS
1. Parties ............................................................................................................................¶ 1
2. Jurisdiction & Venue ......................................................................................¶ 5
3. Facts Common to All Counts .....................................................................¶ 8
4. Count I – Negligence ....................................................................................¶ 15
5. Count II – Wantonness (Optional) ........................................................¶ 23
6. Damages ..............................................................................................................¶ 28
7. Conditions Precedent & Reservation ..................................................¶ 33
8. Prayer for Relief ..............................................................................................¶ 36
9. Jury Demand ......................................................................................................¶ 41
10. Verification .........................................................................................................p. 10
11. Certificate of Service ....................................................................................p. 11

PLEADINGS

1. PARTIES
2. Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is an adult resident citizen of [COUNTY] County, Alabama, and was at all material times present in Alabama.
3. Defendant [DRIVER NAME] (“Driver Defendant”) is an adult resident citizen of [DEFENDANT COUNTY] County, Alabama, and may be served at [ADDRESS].
4. Defendant [OWNER/EMPLOYER NAME] (“Owner Defendant”) is an entity organized under the laws of [STATE] with its principal place of business in [STATE]; at all relevant times it owned and/or had control of the motor vehicle operated by Driver Defendant.

5. At all times material hereto, Driver Defendant was operating the subject vehicle with the knowledge, consent, and/or benefit of Owner Defendant.

6. JURISDICTION & VENUE

7. This action is brought pursuant to Alabama state tort law for personal injuries and property damage arising from a motor-vehicle collision occurring in [COUNTY] County, Alabama, on [DATE].
8. Jurisdiction is proper under Ala. Const. art. VI, § 139(b); venue is proper in this Circuit pursuant to Ala. Code § 6-3-2(a) because the cause of action arose in this county and Defendant(s) reside(s) or does/do business herein.

9. The amount in controversy exceeds the jurisdictional minimum of this Court.

10. FACTS COMMON TO ALL COUNTS

11. On [DATE] at approximately [TIME], Plaintiff was lawfully operating a [YEAR/MAKE/MODEL] motor vehicle in a [northbound/southbound/etc.] lane on [ROADWAY] near its intersection with [CROSS STREET], in [CITY], Alabama.
12. Traffic and weather conditions were [describe].
13. Driver Defendant, operating a [YEAR/MAKE/MODEL], failed to keep a proper lookout, failed to yield the right-of-way, and violently collided with Plaintiff’s vehicle.
14. The collision was directly and proximately caused by the negligent and/or wanton acts and omissions of Driver Defendant as set forth below.
15. At all times material hereto, Plaintiff was exercising reasonable care and was free from any negligence that would bar or diminish recovery.
16. As a direct and proximate result of the collision, Plaintiff sustained severe, painful, and permanent bodily injuries, incurred medical expenses, suffered lost wages and diminished earning capacity, endured property damage, and experienced mental anguish and loss of enjoyment of life.

17. All damages were foreseeable and within the natural and probable consequence of Defendant(s)’ conduct.

18. COUNT I – NEGLIGENCE

19. Plaintiff realleges ¶¶ 1–14 as if fully set forth herein.
20. Driver Defendant owed a duty to operate the motor vehicle with reasonable care, to observe traffic laws, and to refrain from conduct that would endanger others on the roadway.
21. Driver Defendant breached said duties by, inter alia:
    a. Failing to keep a proper lookout;
    b. Driving at an excessive and unsafe speed;
    c. Failing to yield the right-of-way;
    d. Failing to maintain proper control of the vehicle; and
    e. Violating applicable provisions of the Alabama Rules of the Road.
22. Owner Defendant is vicariously liable under the doctrines of respondeat superior and/or agency.
23. Defendant(s)’ negligence was the direct and proximate cause of Plaintiff’s injuries and damages.
24. Pursuant to Ala. Code §§ 6-5-410, 6-5-391, and other applicable law, Plaintiff is entitled to compensatory damages in an amount to be determined by the trier of fact.
25. Plaintiff further demands punitive damages in an amount supported by evidence and consistent with any applicable statutory caps, including Ala. Code § 6-11-21(b).

26. Plaintiff reserves the right to amend this Count to conform with evidence at trial.

27. COUNT II – WANTONNESS (Optional)

28. Plaintiff realleges ¶¶ 1–14 as if fully set forth herein.
29. Defendant(s) consciously and knowingly engaged in conduct with reckless disregard for the safety of others, including but not limited to operating the vehicle at an excessive speed and failing to yield.
30. Such conduct constitutes wantonness under Alabama law.
31. As a result, Plaintiff is entitled to punitive damages pursuant to Ala. Code § 6-11-20 et seq., subject to the limits of Ala. Code § 6-11-21.

32. Plaintiff reserves the right to plead additional wanton acts as discovery proceeds.

33. DAMAGES

34. Plaintiff seeks the following categories of damages:
    a. Past, present, and future medical expenses;
    b. Lost wages and diminished earning capacity;
    c. Pain, suffering, and mental anguish;
    d. Permanent impairment and disfigurement;
    e. Property damage and loss of use;
    f. Punitive damages for wanton conduct; and
    g. Costs of court and such other relief as justice may require.
35. Plaintiff pleads each element of damage separately and in the alternative.
36. Pursuant to Ala. Code § 6-11-21, punitive damages, if awarded, shall not exceed the greater of three times the compensatory damages or $1,500,000 for physical-injury actions.
37. Plaintiff asserts that no statutory cap limits Plaintiff’s compensatory damages for bodily injury.

38. All damages exceed the jurisdictional threshold of this Court.

39. CONDITIONS PRECEDENT & RESERVATION

40. All conditions precedent to the filing of this action have occurred, have been performed, or have been waived.
41. Plaintiff will supplement and/or amend this Complaint as justice and the Alabama Rules of Civil Procedure permit, including the addition of further parties and counts.

42. Plaintiff specifically denies any contributory negligence and pleads the doctrines of last clear chance, subsequent negligence, and discovered peril in rebuttal to any affirmative defenses.

43. PRAYER FOR RELIEF
    WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests that this Honorable Court:

44. Enter judgment in favor of Plaintiff and against Defendant(s) jointly and severally;
45. Award compensatory damages in an amount to be determined by a jury;
46. Award punitive damages pursuant to Counts alleging wantonness, consistent with Ala. Code § 6-11-21;
47. Award costs of court, prejudgment and post-judgment interest, and any other relief to which Plaintiff is justly entitled; and

48. Grant such further, different, or additional relief as the Court deems proper.

49. JURY DEMAND

50. Plaintiff demands trial by struck jury on all issues so triable.

Respectfully submitted this ___ day of [MONTH], [YEAR].

[PLAINTIFF’S COUNSEL NAME] (ASB–____)
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]

Attorney for Plaintiff

/s/ ________
[COUNSEL NAME]

VERIFICATION
STATE OF ALABAMA
COUNTY OF [COUNTY]

I, [PLAINTIFF NAME], being duly sworn, state that I have read the foregoing Complaint and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

[PLAINTIFF NAME], Plaintiff

SWORN TO and SUBSCRIBED before me this ___ day of _, 20.

Notary Public
My Commission Expires: ____

CERTIFICATE OF SERVICE
I hereby certify that I have this date served a copy of the foregoing Complaint upon the following counsel and/or parties by [U.S. Mail / hand delivery / electronic filing], properly addressed and postage prepaid:

[NAME & ADDRESS OF OPPOSING COUNSEL/DEFENDANTS]

This the ___ day of [MONTH], [YEAR].

/s/ ________
[COUNSEL NAME]

[// GUIDANCE: 1) Confirm statute of limitations (generally 2 years for personal injury in Alabama, Ala. Code § 6-2-38(l)). 2) If municipal defendant, assess additional notice requirements and damage caps. 3) Consider including spoliation letter to defendants preserving vehicle and electronic data. 4) Evaluate uninsured/underinsured motorist implications and potential joinder of UM carrier, subject to permissive joinder rules. 5) Maintain HIPAA-compliant medical releases for discovery. 6) Review local court standing orders for formatting specifics such as font size and margin requirements.]