Personal Injury Complaint - Auto Accident - Idaho

IN THE DISTRICT COURT OF THE ☐ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ☐

COMPLAINT FOR DAMAGES

(Motor-Vehicle Negligence)

TABLE OF CONTENTS

1. Parties
2. Jurisdiction & Venue
3. General Allegations
4. Cause of Action: Negligence
5. Comparative Fault Allegations
6. Damages
7. Prayer for Relief
8. Demand for Jury Trial
9. Certification & Signature

Plaintiff [PLAINTIFF FULL NAME] (“Plaintiff”), by and through undersigned counsel, brings this Complaint against Defendant [DEFENDANT FULL NAME] (“Defendant”) and alleges as follows:

1. PARTIES
   1.1 Plaintiff is, and at all relevant times was, a resident of [COUNTY], Idaho.
   1.2 Defendant is, and at all relevant times was, a resident of [COUNTY], Idaho.
   1.3 The true names and capacities of DOES 1–10 are presently unknown. Plaintiff will amend this Complaint to allege their true names and capacities when ascertained.

2. JURISDICTION & VENUE
   2.1 The District Court has original jurisdiction under Idaho Code § 1-705. This action claims more than $5,000 and therefore does not fall within Idaho Code § 1-2208(1)(a)'s money/damages category assignable to a magistrate, subject to current Supreme Court rules and any other assignment authority.
   2.2 Personal jurisdiction is proper because Defendant resides in, and the collision occurred within, the State of Idaho.
   2.3 Venue lies in this County under Idaho Code § 5-404 because the cause of action arose here.

3. GENERAL ALLEGATIONS
   3.1 On or about [DATE] at approximately [TIME], Plaintiff was operating a [YEAR/MAKE/MODEL] traveling [DIRECTION] on [STREET/INTERSTATE], near [MILEPOST/INTERSECTION], in [CITY], Idaho.
   3.2 Defendant was operating a [YEAR/MAKE/MODEL] motor vehicle traveling [DIRECTION] on the same roadway.
   3.3 Defendant, while acting within the course and scope of [his/her] own affairs, failed to operate the vehicle with reasonable care, including but not limited to:
   a. Exceeding the posted speed limit;
   b. Failing to maintain a proper lookout;
   c. Failing to yield the right-of-way; and/or
   d. Operating the vehicle while distracted and/or fatigued.
   3.4 As a direct and proximate result of Defendant’s acts and omissions, Defendant’s vehicle collided with Plaintiff’s vehicle, causing Plaintiff to sustain severe bodily injuries and property damage.
   3.5 Plaintiff sought and continues to receive medical treatment, accruing medical expenses, lost wages, and other pecuniary losses.

4. CAUSE OF ACTION — NEGLIGENCE
   4.1 Plaintiff realleges and incorporates by reference ¶¶1-7 above.
   4.2 Defendant owed Plaintiff a duty to operate the motor vehicle with reasonable care and in compliance with Idaho’s motor-vehicle laws.
   4.3 Defendant breached that duty by engaging in the conduct described in ¶3.3.
   4.4 Defendant’s breach was the actual and proximate cause of Plaintiff’s injuries and damages.
   4.5 As a result, Plaintiff suffered special (economic) and general (noneconomic) damages in amounts to be proven at trial.

5. COMPARATIVE FAULT ALLEGATIONS
   5.1 Idaho is a modified comparative-fault jurisdiction. Under Idaho Code § 6-801, Plaintiff’s negligence, if any, is compared individually to the negligence of each Defendant against whom recovery is sought; recovery from a given Defendant is barred only if Plaintiff’s negligence is as great as or greater than that Defendant’s negligence.
   5.2 Plaintiff denies any negligence; however, should comparative negligence be alleged, Plaintiff’s recoverable damages must be reduced only in proportion to any percentage of fault, if any, attributable to Plaintiff, and only as to a Defendant whose individual percentage of fault exceeds Plaintiff’s.
   5.3 Liability Among Defendants. Pursuant to Idaho Code § 6-803, each Defendant’s liability is several, not joint, except where Defendants acted in concert (pursuing a common plan or design resulting in an intentional or reckless tortious act) or one Defendant is liable for the acts of another under agency principles.

6. DAMAGES
   6.1 Economic Damages (Idaho Code § 6-1601): past and future medical expenses, lost earnings, diminished earning capacity, property damage, and out-of-pocket costs, all presently estimated to exceed $[___].
   6.2 Noneconomic Damages: pain, suffering, emotional distress, loss of enjoyment of life, inconvenience, disfigurement, and other general damages, subject to the limitation in Idaho Code § 6-1603, adjusted each July 1 in proportion to the change in the average annual wage as computed under Idaho Code § 72-409(2). The applicable figure must be verified for the claim period.
   6.3 Interest: prejudgment interest only if separately available for the claim and accrual period; post-judgment interest under Idaho Code § 28-22-104(2).
   6.4 Costs & Attorney Fees: pursuant to Idaho R. Civ. P. 54(d) and Idaho Code §§ 12-120 & 12-121, as applicable.

7. PRAYER FOR RELIEF
   WHEREFORE, Plaintiff prays for judgment against Defendant as follows:
   A. For economic damages in an amount to be determined at trial;
   B. For noneconomic damages not to exceed the cap established under Idaho Code § 6-1603, as adjusted;
   C. For pre-judgment and post-judgment interest as allowed by law;
   D. For reasonable attorney fees and costs incurred herein;
   E. For such other and further relief as the Court deems just and proper.

8. DEMAND FOR JURY TRIAL
   Plaintiff hereby demands trial by jury on all issues so triable as a matter of right. Idaho Const. art. I, § 7; Idaho R. Civ. P. 38.

9. CERTIFICATION & SIGNATURE
   Pursuant to Idaho Rule of Civil Procedure 11(a)(1), the undersigned certifies that the claims and allegations herein are well-grounded in fact and warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, and that this pleading is not interposed for any improper purpose.

DATE: [__________, 20__]

Respectfully submitted,

___________________________________
[ATTORNEY NAME], Esq. (ISB No. ______)
[LAW FIRM NAME]
[Street Address]
[City, State ZIP]
Telephone: [___]
Facsimile: [___]
Email: [___]
Attorney for Plaintiff

VERIFICATION (OPTIONAL)

STATE OF IDAHO )
) ss.
COUNTY OF ☐ )

I, [PLAINTIFF FULL NAME], being first duly sworn, depose and say: I am the Plaintiff in the foregoing action; I have read the foregoing Complaint and know the contents thereof; the same is true to my own knowledge, except as to those matters stated on information and belief, and as to those matters I believe them to be true.

___________________________________
[PLAINTIFF FULL NAME]

SUBSCRIBED AND SWORN before me this ___ day of __________, 20__.

___________________________________
Notary Public for Idaho
Residing at: _______________________
My Commission Expires: _____________

END OF COMPLAINT