DISTRICT COURT, [COUNTY] COUNTY, STATE OF COLORADO
Court Address: [COURT STREET ADDRESS, CITY, STATE, ZIP]
Plaintiff(s):
[PLAINTIFF FULL LEGAL NAME(S)],
v.
Defendant(s):
[DEFENDANT FULL LEGAL NAME(S)],
Attorney for Plaintiff(s):
[LAW FIRM NAME]
[ATTORNEY NAME], # [BAR NUMBER]
[STREET ADDRESS] | [CITY, STATE ZIP]
Telephone: [PHONE] | Email: [EMAIL]
Case No.: _____
Division: ___ Courtroom: ___
COMPLAINT FOR PERSONAL INJURIES (AUTO ACCIDENT) AND DEMAND FOR JURY TRIAL
[// GUIDANCE: Colorado practitioners typically caption the pleading “COMPLAINT AND JURY DEMAND.” The template above conforms to C.R.C.P. 10(b) formatting, leaving ample blanks for court-specific data.]
TABLE OF CONTENTS
- Parties, Jurisdiction, and Venue
- General Allegations (Factual Background)
- First Claim for Relief – Negligence
- Damages
- Prayer for Relief
- Jury Demand
- Verification
- Certificate of Service
1. PARTIES, JURISDICTION, AND VENUE
1.1 Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is, and was at all relevant times, a resident of [COUNTY] County, Colorado.
1.2 Defendant [DEFENDANT NAME] (“Defendant”) is, upon information and belief, a resident of [COUNTY] County, Colorado and may be served at [SERVICE ADDRESS].
1.3 The incident giving rise to this action occurred in [COUNTY] County, Colorado on or about [DATE OF ACCIDENT].
1.4 This Court has subject-matter jurisdiction pursuant to Colo. Const. art. VI, § 9 and C.R.S. § 13-1-124 because the tort occurred in Colorado and the amount in controversy exceeds the county court jurisdictional limit.
1.5 Venue is proper in this Court under C.R.C.P. 98(c) because Defendant resides in this county and the cause of action arose here.
1.6 Pursuant to C.R.C.P. 8(a)(2), Plaintiff does not plead a specific dollar amount of damages but avers that the claims asserted herein are not subject to the simplified procedure set forth in C.R.C.P. 16.1.
2. GENERAL ALLEGATIONS (FACTUAL BACKGROUND)
2.1 On [DATE OF ACCIDENT] at approximately [TIME], Plaintiff was operating a [YEAR/MAKE/MODEL] motor vehicle traveling [DIRECTION] on [STREET/HIGHWAY] in [CITY/TOWN], Colorado.
2.2 Defendant was operating a [YEAR/MAKE/MODEL] motor vehicle traveling [DIRECTION] on the same roadway.
2.3 At or near the intersection of [LOCATION DESCRIPTION], Defendant negligently operated, maintained, and/or controlled the vehicle so as to collide with Plaintiff’s vehicle (the “Collision”).
2.4 At the time of the Collision, traffic controls included [TRAFFIC SIGNAL/SIGN], which Defendant failed to obey.
2.5 As a direct and proximate result of Defendant’s conduct, Plaintiff sustained bodily injuries, property damage, and other losses described herein.
3. FIRST CLAIM FOR RELIEF – NEGLIGENCE
3.1 Plaintiff incorporates the allegations set forth above as though fully restated herein.
3.2 Defendant owed Plaintiff a duty of reasonable care in the operation of a motor vehicle, including the duty to obey traffic laws, maintain a proper lookout, and drive at a safe speed.
3.3 Defendant breached said duty by, inter alia, (a) failing to yield; (b) driving inattentively; (c) operating the vehicle at an unsafe speed; and/or (d) violating applicable traffic statutes and ordinances.
3.4 Defendant’s breach was the direct and proximate cause of the Collision and Plaintiff’s resulting injuries and damages.
3.5 Colorado follows a modified comparative negligence regime. To the extent Defendant asserts comparative negligence, Plaintiff’s recovery should only be diminished in proportion to any negligence attributable to Plaintiff that is, pursuant to C.R.S. § 13-21-111, less than Defendant’s negligence.
4. DAMAGES
4.1 As a direct and foreseeable consequence of Defendant’s negligence, Plaintiff has sustained and will continue to sustain:
a. Past and future medical expenses;
b. Past and future physical pain and suffering;
c. Past and future mental anguish and emotional distress;
d. Permanent impairment and/or disfigurement;
e. Loss of earnings and diminished earning capacity;
f. Property damage, including but not limited to diminution in value and loss of use;
g. Out-of-pocket expenses; and
h. Pre-judgment and post-judgment interest as provided by law (see C.R.S. § 13-21-101).
4.2 Plaintiff also seeks all allowable non-economic, physical impairment, and economic damages subject to any applicable statutory caps, including those in C.R.S. § 13-21-102.5.
4.3 If the evidence demonstrates Defendant’s conduct was attended by circumstances amounting to fraud, malice, or willful and wanton conduct, Plaintiff may seek exemplary damages pursuant to C.R.S. § 13-21-102, subject to statutory limitations.
5. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that judgment enter in favor of Plaintiff and against Defendant as follows:
A. For all economic, non-economic, and physical impairment damages proven at trial;
B. For exemplary damages as permitted by law;
C. For pre-judgment and post-judgment interest at the statutory rate;
D. For costs as allowed under C.R.C.P. 54(d) and C.R.S. § 13-16-104;
E. For such other and further relief as the Court deems just and proper.
6. JURY DEMAND
Plaintiff demands a trial by jury of six persons on all issues so triable pursuant to Colo. Const. art. II, § 23 and C.R.C.P. 38.
[// GUIDANCE: The filing attorney must tender the requisite jury fee contemporaneously with or within the time limits specified by C.R.C.P. 38(b).]
7. VERIFICATION
I, [PLAINTIFF NAME], affirm under penalty of perjury under the laws of the State of Colorado that I have read the foregoing Complaint, know its contents, and the same are true to the best of my knowledge, information, and belief.
Date: _______
[PLAINTIFF NAME]
[// GUIDANCE: A notarized verification is not required under Colorado rules but may bolster credibility. Remove if client unavailable at filing.]
8. CERTIFICATE OF SERVICE
I hereby certify that on _ day of _, 20__, a true and correct copy of the foregoing COMPLAINT FOR PERSONAL INJURIES (AUTO ACCIDENT) AND DEMAND FOR JURY TRIAL was filed via Colorado Courts E-filing (CCE) system, which will automatically serve all counsel of record.
[ATTORNEY NAME]
[ATTORNEY SIGNATURE BLOCK]
Respectfully submitted this ___ day of ____, 20__.
[LAW FIRM NAME]
By: ______
[ATTORNEY NAME], # [BAR NUMBER]
Attorney for Plaintiff
[// GUIDANCE:
1. Comparative Negligence – The pleading explicitly references C.R.S. § 13-21-111 to anchor Colorado’s “not-as-much-as” 50% bar rule.
2. Damage Caps – Paragraph 4.2 alerts the Court to non-economic caps under C.R.S. § 13-21-102.5 and preserves rights to challenge the caps if constitutionally infirm.
3. No-Fault vs. Tort – Colorado repealed no-fault in 2003; this complaint proceeds purely under tort theory.
4. Amount in Controversy – C.R.C.P. 8(a)(2) prohibits stating a numeric amount; language in Section 1 ensures compliance.
5. Filing Checklist – In practice, file (a) Civil Cover Sheet (JDF 601), (b) Summons, and (c) Case Information Sheet with this Complaint.
]