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. Verification & Certifications ....................................................................... 8
11. 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 issued a policy of liability insurance covering Driver Defendant and/or the subject vehicle and is a proper party under Louisiana's Direct Action Statute, La. Rev. Stat. § 22:1269(B), because [STATE THE APPLICABLE STATUTORY GROUND — e.g., service could not be made on Driver Defendant, Driver Defendant is insolvent or deceased, Insurer Defendant is an uninsured/underinsured motorist carrier, or Insurer Defendant is defending under a reservation of rights or has denied coverage]. As amended effective August 1, 2024 (Acts 2024, No. 275), direct action against an insurer is available only where one of the seven statutory grounds in § 22:1269(B)(1) applies; absent such a ground, the action must proceed against Driver Defendant, with Insurer Defendant joined, if at all, only upon judgment or settlement under § 22:1269(D). Insurer Defendant shall not be named in the caption unless a § 22:1269(B)(1) ground is satisfied.

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 Ten Thousand and No/100 Dollars ($10,000.00), the jury-trial threshold set by 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. 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, the degree or percentage of fault of all persons causing or contributing to Plaintiff's injuries shall be determined, and Plaintiff's recovery, if any, shall be reduced in proportion to the percentage of fault, if any, attributed to Plaintiff.

6.2 If the current version of La. Civ. Code art. 2323 governs, Plaintiff affirmatively pleads that he/she was free from fault, or in the alternative, that his/her percentage of negligence, if any, is less than fifty-one percent (51%), such that recovery is not barred under art. 2323(A)(2)(a). 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. Pursuant to La. Civ. Code art. 3493.1, delictual actions are subject to a liberative prescription of two years, running from the day the injury or damage was sustained. (Prior to July 1, 2024, delictual actions were subject to a one-year prescriptive period under former La. Civ. Code art. 3492, repealed by Acts 2024, No. 423; confirm which period applies based on the date the cause of action arose.)

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, 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, jointly and in the percentages of fault assigned pursuant to La. Civ. Code arts. 2323 & 2324 (and in solido as to any Defendant found to have conspired to commit an intentional or willful act), 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

10. VERIFICATION & CERTIFICATIONS

10.1 Verification

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: ______________

10.2 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, each claim, defense, or other legal assertion is warranted by existing law or a nonfrivolous argument for the extension, modification, or reversal of existing law, each factual assertion has evidentiary support or is likely to have evidentiary support after reasonable investigation or discovery, and this Petition is not being presented for any improper purpose.

11. 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.

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