COMPLAINT AT LAW

(Personal Injury – Motor Vehicle Negligence)

IN THE CIRCUIT COURT OF THE [] JUDICIAL CIRCUIT
[] COUNTY, ILLINOIS

PLAINTIFF: [PLAINTIFF FULL LEGAL NAME],
an individual,

v. No. [_]

DEFENDANT: [DEFENDANT FULL LEGAL NAME],
an individual,
and, if applicable,
[ADDITIONAL DEFENDANT(S)],
[legal capacity],

COMPLAINT AT LAW

(Personal Injury – Auto Accident)

NOW COMES Plaintiff, [PLAINTIFF NAME] (“Plaintiff”), by and through undersigned counsel, and, for his/her Complaint against Defendant(s), [DEFENDANT NAME(S)] (collectively, “Defendant”), states as follows:

[// GUIDANCE: Replace bracketed placeholders throughout. Add or delete parties/counts to fit the facts. If corporate defendants are involved, insert allegations re corporate status, principal place of business, and agency/respondeat superior as needed.]

I. JURISDICTION AND VENUE

1. This Court has subject-matter jurisdiction over this action pursuant to Article VI, Section 9 of the Illinois Constitution and 735 Ill. Comp. Stat. 5/2-101 (2024), in that the occurrence giving rise to these claims took place in [COUNTY] County, Illinois, and the amount in controversy exceeds the jurisdictional minimum of the Law Division.

2. Venue is proper in this County under 735 Ill. Comp. Stat. 5/2-101 (2024) because Defendant resides in, does business in, and/or the collision occurred in this County.

[// GUIDANCE: If filing outside the county of occurrence/defendant’s residence, add statutory venue basis (e.g., principal office).]

II. PARTIES

3. Plaintiff is a resident of the State of Illinois, residing at [PLAINTIFF ADDRESS].

4. Defendant, [DEFENDANT NAME], is a resident of the State of Illinois, residing at [DEFENDANT ADDRESS], and at all relevant times was the operator/owner of the motor vehicle involved in the collision described herein.

5. If applicable, Defendant, [OWNER/EMPLOYER NAME], is the titled owner of the subject vehicle and/or employer/principal of Defendant [DRIVER NAME], and is liable under theories of respondeat superior, agency, and/or negligent entrustment.

III. DEFINITIONS

For purposes of this Complaint, the following terms have the meanings set forth below:

“A c c i d e n t” – The motor-vehicle collision that occurred on [DATE] at or near [INTERSECTION/LOCATION], [CITY], Illinois.

“Vehicle” – The [YEAR/MAKE/MODEL] automobile operated by Defendant and the [YEAR/MAKE/MODEL] automobile operated by Plaintiff at the time of the Accident.

[// GUIDANCE: Define additional terms only if they aid clarity for multiple vehicles/parties.]

IV. FACTUAL ALLEGATIONS

6. On [DATE] at approximately [TIME], Plaintiff was lawfully operating the Vehicle in a [direction] lane of travel on [ROADWAY/INTERSECTION] in [CITY], Illinois.

7. At that same time and place, Defendant was operating the Vehicle in the same vicinity.

8. Defendant owed all other motorists, including Plaintiff, the duty to exercise ordinary care in the operation of a motor vehicle.

9. Defendant breached said duty, inter alia, in one or more of the following ways:
   a. Failed to keep a proper lookout;
   b. Failed to yield the right-of-way;
   c. Operated the Vehicle at a speed greater than was reasonable and proper (see 625 ILCS 5/11-601);
   d. Failed to maintain control of the Vehicle;
   e. [INSERT ADDITIONAL SPECIFIC ACTS/OMISSIONS].

10. As a direct and proximate result of one or more of Defendant’s aforesaid negligent acts or omissions, the Accident occurred and Plaintiff sustained serious personal injuries and damages as set forth below.

V. COMPARATIVE NEGLIGENCE ALLEGATION

11. Pursuant to 735 Ill. Comp. Stat. 5/2-1116 (2024), Plaintiff’s fault, if any, does not exceed 50% of the total proximate cause of the Accident. Any recovery by Plaintiff shall be reduced only by the percentage of comparative fault, if any, attributed to Plaintiff.

[// GUIDANCE: Illinois follows modified comparative negligence (“51% bar”); include this paragraph to preempt affirmative defenses.]

VI. DAMAGES

12. As a direct and proximate result of Defendant’s negligence, Plaintiff has sustained and in the future will sustain:
    a. Past and future medical expenses;
    b. Past and future loss of earnings and diminished earning capacity;
    c. Past and future pain and suffering;
    d. Emotional distress and mental anguish;
    e. Loss of normal life and disability;
    f. Disfigurement;
    g. Property damage to Plaintiff’s Vehicle;
    h. [OPTIONAL] Punitive damages for willful and wanton misconduct, if proven;
    i. Such other damages as will be proven at trial.

13. There are no statutory caps on compensatory damages for auto-accident personal-injury claims under Illinois law.

[// GUIDANCE: Prior Illinois damage-cap statutes have been held unconstitutional in personal-injury contexts; confirm no special caps apply to your fact pattern (e.g., governmental defendants).]

VII. RULE 222(b) AMOUNT IN CONTROVERSY STATEMENT

14. Pursuant to Illinois Supreme Court Rule 222(b), Plaintiff states that the amount of money damages sought exceeds Fifty Thousand Dollars ($50,000), exclusive of interest and costs.

VIII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in favor of Plaintiff and against Defendant, jointly and severally where applicable, as follows:

A. For a sum in excess of Fifty Thousand Dollars ($50,000) commensurate with the evidence and the enlightened conscience of the jury;
B. For pre-judgment and post-judgment interest as allowed by law;
C. For costs of suit incurred herein;
D. For such other and further relief as this Court deems just and proper.

IX. DEMAND FOR JURY TRIAL

Plaintiff hereby demands trial by jury on all issues so triable as a matter of right. (Ill. Const. 1970, art. I, § 13; 735 ILCS 5/2-1105).

[// GUIDANCE: Do NOT include a jury-waiver clause; the right is constitutionally protected under Illinois law.]

X. OPTIONAL ARBITRATION STATEMENT

[// GUIDANCE: If the claim is valued at $50,000 or less in a mandatory arbitration county (e.g., Cook County Municipal Division), include the following. Delete if filing in Law Division or if arbitration is not applicable.]

Plaintiff acknowledges that this matter may be subject to court-annexed mandatory arbitration pursuant to Illinois Supreme Court Rules 86–95 and the local rules of this Circuit, and reserves all rights thereunder.

XI. ATTORNEY CERTIFICATION (Supreme Court Rule 137)

The undersigned certifies that the statements set forth herein are true and correct to the best of the attorney’s knowledge, information, and belief, formed after reasonable inquiry, and that this Complaint is not filed for any improper purpose.

DATED: [DATE]

Respectfully submitted,

[ATTORNEY NAME] (#ARDC _)
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Plaintiff

XII. NOTICE OF SERVICE

[// GUIDANCE: Attach Proof of Service or e-filing confirmation page as required by local rules.]

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