IN THE CIRCUIT COURT OF THE [__] JUDICIAL CIRCUIT
IN AND FOR [COUNTY] COUNTY, FLORIDA
[PLAINTIFF FULL LEGAL NAME], an individual,
Plaintiff,
v.
[DEFENDANT FULL LEGAL NAME], an individual (or corporation/other entity),
Defendant.
Case No.: ______
Division: Civil
VERIFIED COMPLAINT FOR PERSONAL INJURIES AND PROPERTY DAMAGE
(Motor Vehicle Accident – Florida)
[// GUIDANCE: Replace every bracketed, bolded placeholder with fact-specific information. Remove all guidance comments before filing.]
TABLE OF CONTENTS
- Parties, Jurisdiction, and Venue
- Definitions
- General Allegations
- Count I – Negligence
- Prayer for Relief
- Demand for Jury Trial
- Conditions Precedent
- Reservation of Amendments
- Verification
- Certificate of Service
1. PARTIES, JURISDICTION, AND VENUE
1.1 Plaintiff [PLAINTIFF] is a resident of [County], State of Florida, over the age of eighteen, and otherwise sui juris.
1.2 Defendant [DEFENDANT] is
a. [if individual] a resident of [County/State], over the age of eighteen, and sui juris; or
b. [if business entity] a [State] [corporation/LLC/etc.] registered and authorized to do business in Florida.
1.3 The incident giving rise to this action (the “Subject Accident,” defined below) occurred in [County], Florida.
1.4 Venue is proper in this Court under § 47.011, Fla. Stat., because the cause of action accrued in this county and/or because Defendant resides or conducts business here.
1.5 Jurisdiction is proper under Art. V, § 5, Fla. Const., and § 26.012(2)(a), Fla. Stat., as the amount in controversy exceeds $50,000.
2. DEFINITIONS
For ease of reference, the following capitalized terms are used throughout this Complaint:
“Accident Date” – [Month Day, Year].
“Plaintiff’s Vehicle” – The motor vehicle owned and/or operated by Plaintiff at the time of the Subject Accident.
“Defendant’s Vehicle” – The motor vehicle owned and/or operated by Defendant at the time of the Subject Accident.
“Subject Accident” – The collision occurring on the Accident Date at or near [specific location/intersection] in [County], Florida.
“PIP Statute” – Florida’s Personal Injury Protection law, § 627.730 et seq., Fla. Stat.
“Serious Injury Threshold” – The threshold defined in § 627.737(2), Fla. Stat., permitting recovery of non-economic damages in a tort action.
3. GENERAL ALLEGATIONS
3.1 On the Accident Date, Plaintiff lawfully operated Plaintiff’s Vehicle in a careful and prudent manner.
3.2 At the same time and place, Defendant negligently operated Defendant’s Vehicle, causing it to collide with Plaintiff’s Vehicle.
3.3 As a direct and proximate result of Defendant’s negligence, Plaintiff sustained bodily injuries, pain and suffering, disability, mental anguish, loss of capacity for the enjoyment of life, past and future medical expenses, lost wages, and property damage to Plaintiff’s Vehicle.
3.4 Plaintiff has complied with all conditions precedent to the maintenance of this action, including but not limited to submission of a PIP application and, where applicable, presuit notice under § 627.736(10), Fla. Stat.
3.5 Plaintiff’s injuries satisfy the Serious Injury Threshold, thereby permitting recovery of non-economic damages pursuant to § 627.737, Fla. Stat.
[// GUIDANCE: If threshold is not yet met, consider limiting relief to economic damages or including alternative allegations.]
4. COUNT I – NEGLIGENCE
(Against Defendant)
4.1 Paragraphs 1.1 through 3.5 are realleged and incorporated herein by reference.
4.2 Defendant owed Plaintiff a duty to operate Defendant’s Vehicle with reasonable care under the circumstances and in compliance with all applicable traffic laws and regulations.
4.3 Defendant breached that duty by one or more of the following acts and/or omissions:
a. Operating at an excessive or unsafe speed;
b. Failing to maintain a proper lookout;
c. Following too closely;
d. Failing to yield the right-of-way;
e. Operating while distracted and/or impaired;
f. Operating the vehicle in violation of § 316.1925, Fla. Stat. (careless driving); and/or
g. Other acts to be proven at trial.
4.4 Defendant’s breach was the direct and proximate cause of the Subject Accident and Plaintiff’s damages.
4.5 Pursuant to Florida’s modified comparative negligence framework (§ 768.81, Fla. Stat. (2023)), any comparative fault attributable to Plaintiff, if determined by the trier of fact, will proportionally reduce—but not bar—Plaintiff’s recovery, provided Plaintiff’s fault does not equal or exceed 50%.
DAMAGES
4.6 Plaintiff seeks the following categories of damages:
a. Past and future medical expenses;
b. Past and future lost earnings and loss of earning capacity;
c. Past and future pain, suffering, mental anguish, and loss of enjoyment of life;
d. Permanent disability and/or disfigurement;
e. Repair or replacement cost of Plaintiff’s Vehicle and other personal property;
f. Pre-judgment and post-judgment interest as allowed by law; and
g. All costs taxable under Fla. R. Civ. P. 1.420 and § 57.041, Fla. Stat.
[// GUIDANCE: Florida imposes no statutory cap on non-economic damages for standard auto negligence claims. Confirm no special circumstances (e.g., governmental defendant) that may trigger separate caps or notice requirements.]
WHEREFORE, Plaintiff demands judgment against Defendant for all compensatory damages, together with costs, interest, and such further relief as the Court deems just and proper.
5. PRAYER FOR RELIEF
Plaintiff respectfully prays for:
1. Entry of judgment in an amount exceeding $50,000, exclusive of interest, fees, and costs;
2. Award of taxable costs and allowable interest; and
3. Such other and further relief as this Court deems equitable and just.
6. DEMAND FOR JURY TRIAL
Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right pursuant to Art. I, § 22, Fla. Const., and Fla. R. Civ. P. 1.430.
7. CONDITIONS PRECEDENT
All conditions precedent to maintaining this action have been performed, have occurred, or have been waived.
8. RESERVATION OF AMENDMENTS
Plaintiff reserves the right to amend this Complaint to assert additional causes of action, add parties, and/or adjust damages in accordance with Fla. R. Civ. P. 1.190, as discovery may warrant.
9. VERIFICATION
I, [PLAINTIFF], certify under penalty of perjury, pursuant to § 92.525, Fla. Stat., that I have read the foregoing Complaint and that the facts stated herein are true and correct to the best of my knowledge and belief.
Date: _______
[PLAINTIFF NAME]
Plaintiff
10. CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served via [e-portal/e-mail/hand delivery] on this ___ day of ____, 20__, to:
[DEFENSE COUNSEL NAME]
[Law Firm]
[Address]
[Email]
[PLAINTIFF’S COUNSEL NAME], Esq.
Florida Bar No. __
[Law Firm]
[Address]
[Telephone] | [Email]
Counsel for Plaintiff