Personal Injury Complaint - Auto Accident

PETITION FOR DAMAGES

(Personal Injury – Motor Vehicle Accident)

CAPTION

STATE OF LOUISIANA
PARISH OF [PARISH]
☐ JUDICIAL DISTRICT COURT
DIVISION “☐”
DOCKET NO. “☐”

JOHN DOE, * CIVIL ACTION
Plaintiff
v.
JANE SMITH; ABC INSURANCE COMPANY *
Defendants *

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. Jury Demand ................................................................................................ 6
8. Prayer for Relief ........................................................................................... 7
9. Verification & Certifications ....................................................................... 8
10. Service Information .................................................................................... 9

1. PARTIES

1.1 Plaintiff, JOHN DOE (“Plaintiff”), is a person of full age of majority and a resident of the Parish of ☐, State of Louisiana.

1.2 Defendant, JANE SMITH (“Driver Defendant”), is a person of full age of majority and a resident of the Parish of ☐, State of Louisiana, and may be served at [ADDRESS].

1.3 Defendant, ABC INSURANCE COMPANY (“Insurer Defendant”), is an insurer authorized to transact business in Louisiana, with its principal place of business in [STATE], and may be served through its Louisiana registered agent: [NAME/ADDRESS].

2. JURISDICTION & VENUE

2.1 This Court has subject-matter jurisdiction pursuant to La. Const. art. V, § 16 and La. Code Civ. Proc. art. 2.

2.2 Venue is proper in this Parish under La. Code Civ. Proc. arts. 42 & 74 because:
  (a) the accident occurred in this Parish; and/or
  (b) at least one Defendant is domiciled in this Parish.

2.3 No federal question or diversity jurisdiction exists; therefore, removal to federal court is not available.

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 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 Insurer Defendant is solidarily liable to Plaintiff for all damages pursuant to Louisiana’s Direct Action Statute, La. Rev. Stat. § 22:1269.

5. DAMAGES SOUGHT

5.1 In accord with La. Code Civ. Proc. art. 893(A)(1), Plaintiff does not plead a specific monetary amount but avers that the damages exceed the court’s jurisdictional minimum and, upon information and belief, exceed the jury-trial threshold of Fifty Thousand and No/100 Dollars ($50,000.00).

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. Pre- and post-judgment interest as allowed by law; and
  i. All costs of these proceedings.

5.3 To the extent applicable, Plaintiff pleads all available punitive or exemplary damages authorized by Louisiana law.

5.4 Damage Caps. Plaintiff asserts no claim subject to statutory damage caps; however, out of an abundance of caution, Plaintiff reserves the right to contest any limitation under:
  • La. Rev. Stat. § 40:1231.2 (medical malpractice);
  • La. Rev. Stat. § 13:5106(B)(1) (claims against public bodies).

6. COMPARATIVE FAULT ALLEGATIONS

6.1 Pursuant to La. Civ. Code art. 2323, Plaintiff’s recovery shall be reduced only by the percentage of fault, if any, attributed to Plaintiff.

6.2 Plaintiff affirmatively pleads that he/she was free from fault; alternatively, any contributory negligence was less than that of Defendants and should reduce, but not bar, recovery.

7. JURY DEMAND

7.1 Plaintiff demands a trial by jury pursuant to La. Code Civ. Proc. art. 1731 and tenders the requisite bond or cash deposit contemporaneously with the filing of this Petition.

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff, JOHN DOE, 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 Defendants, in solido, for all damages recoverable under Louisiana law, together with legal interest from date of judicial demand until paid, and for all costs;
C. All expert witness fees be taxed as costs; 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]
[Address]
[City, State ZIP]
Telephone: ( )
Facsimile: ( )
E-Mail: [___]

ATTORNEY FOR PLAINTIFF

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## 9. VERIFICATION & CERTIFICATIONS  

### 9.1  Verification  

```text
I, JOHN DOE, declare under penalty of perjury that the foregoing allegations are true and correct to the best of my knowledge, information, and belief.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_  
JOHN DOE
DATE: \_\_\_\_\_\_\_\_\_\_\_\_\_\_

9.2 Article 863 Certification

Pursuant to La. Code Civ. Proc. art. 863(B), undersigned counsel certifies that he/she has read the foregoing Petition; that to the best of counsel’s knowledge, information, and belief formed after reasonable inquiry it is 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 it is not interposed for any improper purpose.

10. SERVICE INFORMATION

Please serve Defendants via the Louisiana Long-Arm Statute (La. Rev. Stat. § 13:3201 et seq.) or personal service through the ______ Parish Sheriff’s Office at the addresses provided above.

END OF TEMPLATE

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