Personal Injury Complaint - Auto Accident - Louisiana

PETITION FOR DAMAGES

(Personal Injury – Motor Vehicle Accident)

CAPTION

STATE OF LOUISIANA
PARISH OF [PARISH]
[___] JUDICIAL DISTRICT COURT
DIVISION "[___]" — DOCKET NO. [___]

TABLE OF CONTENTS

1. Parties ............................................................................................................. 2
2. Jurisdiction & Venue .................................................................................... 2
3. Facts Common to All Claims ........................................................................ 3
4. Cause of Action – Negligence ...................................................................... 4
5. Damages Sought ........................................................................................... 5
6. Comparative Fault Allegations .................................................................... 6
7. Prescription ................................................................................................... 6
8. Jury Demand ................................................................................................ 7
9. Prayer for Relief ........................................................................................... 7
10. Certification ............................................................................................... 8
11. Service Information .................................................................................... 9

1. PARTIES

1.1 Plaintiff, [PLAINTIFF NAME] (“Plaintiff”), is a person of full age of majority and a resident of the Parish of [PARISH], State of Louisiana.

1.2 Defendant, [DRIVER DEFENDANT NAME] (“Driver Defendant”), is a person of full age of majority and a resident of the Parish of [PARISH], State of Louisiana, and may be served at [SERVICE ADDRESS].

1.3 If a ground stated in paragraph 4.5 applies, Defendant [INSURER NAME] (“Insurer Defendant”) issued the applicable liability policy and may be served through [AGENT FOR SERVICE OF PROCESS AND SERVICE ADDRESS].

2. JURISDICTION & VENUE

2.1 This district court has original jurisdiction over this civil action under La. Const. art. V, § 16(A)(1). La. Code Civ. Proc. art. 2 defines subject-matter jurisdiction.

2.2 Venue is proper in this Parish because [the alleged wrongful conduct occurred here under La. Code Civ. Proc. art. 74 / the damages were sustained here under art. 74 / an individual Defendant is domiciled here under art. 42(1)].

3. FACTS COMMON TO ALL CLAIMS

3.1 On or about [DATE], at approximately [TIME], Plaintiff was operating a [YEAR/MAKE/MODEL] in a lawful manner in the [DIRECTION] lane of [ROAD/HIGHWAY] near its intersection with [CROSS-STREET] in [CITY], Louisiana.

3.2 Simultaneously, Driver Defendant, operating a [YEAR/MAKE/MODEL] owned by [OWNER, if different], negligently:
  (a) failed to maintain proper lookout;
  (b) violated applicable traffic signals or signage;
  (c) drove at an excessive and/or unreasonable speed;
  (d) failed to yield; and/or
  (e) otherwise breached the duty of care owed under La. Civ. Code art. 2315.

3.3 Driver Defendant’s vehicle violently collided with Plaintiff’s vehicle, causing Plaintiff to sustain severe bodily injuries, property damage, lost wages, and other compensable losses.

3.4 [If a direct-action ground exists: At all pertinent times, Insurer Defendant provided a liability insurance policy covering Driver Defendant and/or the subject vehicle.]

4. CAUSE OF ACTION – NEGLIGENCE

4.1 Plaintiff realleges ¶¶ 1–3 as if set forth herein in extenso.

4.2 Under La. Civ. Code arts. 2315 & 2316, Driver Defendant owed Plaintiff a duty to operate the vehicle with reasonable care.

4.3 Driver Defendant breached said duties through the acts and omissions described above.

4.4 Driver Defendant’s breaches were the cause-in-fact and legal cause of Plaintiff’s injuries.

4.5 [If applicable: Insurer Defendant issued a liability policy covering Driver Defendant and/or the subject vehicle. Direct action against Insurer Defendant is authorized under La. R.S. 22:1269(B)(1)([SUBPARAGRAPH]) because [PLEAD FACTS SATISFYING THAT SUBPARAGRAPH].]

5. DAMAGES SOUGHT

5.1 In accord with La. Code Civ. Proc. art. 893(A)(1), Plaintiff seeks damages reasonable in the premises without pleading a specific monetary amount. For the jury demand, Plaintiff alleges the claim exceeds the threshold in La. C.C.P. art. 1732(1), exclusive of interest and costs.

5.2 Damages include, but are not limited to:
  a. Past and future medical expenses;
  b. Past and future physical pain and suffering;
  c. Past and future mental anguish and distress;
  d. Loss of enjoyment of life;
  e. Physical disability and impairment;
  f. Lost wages and diminished earning capacity;
  g. Property damage and loss of use;
  h. Legal interest from judicial demand under La. R.S. 13:4203; and
  i. Taxable costs of these proceedings.

6. COMPARATIVE FAULT ALLEGATIONS

6.1 Under La. Civ. Code art. 2323, the degree or percentage of fault of all persons causing or contributing to Plaintiff's injuries shall be determined. Any reduction or bar to recovery depends on the governing version of the article and its exceptions.

6.2 If the current version of La. Civ. Code art. 2323 governs, Plaintiff pleads that [PLAINTIFF] was free from negligence or, alternatively, that any negligence attributable to Plaintiff was less than fifty-one percent (51%), subject to the article's exceptions. If a prior version governs, Plaintiff pleads its comparative-fault formulation in the alternative. The governing version must be determined under Civil Code article 6 and controlling temporal-law authority.

6.3 Pursuant to La. Civ. Code art. 2324, liability among joint tortfeasors is a joint and divisible obligation, and no Defendant shall be solidarily liable for damages attributable to the fault of another person, except a person who conspires with another to commit an intentional or willful act, who is answerable in solido for the damage caused by that act.

7. PRESCRIPTION

7.1 This action is timely filed within the applicable liberative prescriptive period. La. Civ. Code art. 3493.1 provides two years from the day injury or damage is sustained for delictual actions arising after July 1, 2024. Acts 2024, No. 423, §§ 3-4, makes that change prospective and effective July 1, 2024; for an earlier arising action, assess the prescriptive law then applicable.

8. JURY DEMAND

8.1 Plaintiff demands a trial by jury pursuant to La. C.C.P. art. 1731, avers that the amount in controversy exceeds the jury-trial threshold of Ten Thousand Dollars ($10,000.00) exclusive of interest and costs set by La. C.C.P. art. 1732(1), and shall comply with the bond/cash-deposit and filing-fee requirements of La. C.C.P. arts. 1733-1734.1 and La. R.S. 13:3049. If Plaintiff stipulates that the amount in controversy exceeds $10,000.00 but is less than $50,000.00, Plaintiff shall provide the $5,000.00 cash deposit required by La. C.C.P. art. 1733(A)(2)(a) no later than sixty (60) days after filing this jury demand.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff, [PLAINTIFF NAME], prays that:

A. Defendants be served and cited to appear and answer;
B. After due proceedings, there be judgment in favor of Plaintiff and against each liable Defendant according to the allocation required by La. Civ. Code arts. 2323 and 2324 (and in solido as to any Defendant found to have conspired to commit an intentional or willful act), for damages recoverable under Louisiana law, with legal interest from judicial demand under La. R.S. 13:4203;
C. Taxable costs be assessed as allowed by law; and
D. Plaintiff receive all general and equitable relief to which he/she is entitled.

Respectfully submitted,

[PLAINTIFF’S COUNSEL NAME], Bar No. [___]
[Firm Name]
[PHYSICAL STREET ADDRESS, CITY, STATE AND ZIP FOR SERVICE]
[MAILING ADDRESS, IF DIFFERENT]
Telephone: ( )
Facsimile: ( )
E-Mail for Service: [___]

ATTORNEY FOR PLAINTIFF

10. CERTIFICATION

By signing this Petition, undersigned counsel makes the certification required by La. Code Civ. Proc. art. 863(B) after reasonable inquiry.

11. SERVICE INFORMATION

Please serve each in-state Defendant at the service address stated above. For a nonresident Defendant subject to personal jurisdiction under La. R.S. 13:3201, serve a certified copy of the citation and Petition using a method authorized by La. R.S. 13:3204.

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