STATE OF MINNESOTA
DISTRICT COURT ― ___ JUDICIAL DISTRICT
COUNTY OF [COUNTY]
[PLAINTIFF FULL LEGAL NAME],
Plaintiff,
v. Court File No.: _____
[DEFENDANT FULL LEGAL NAME(S)],
Defendant(s).
COMPLAINT FOR PERSONAL INJURY
ARISING OUT OF A MOTOR VEHICLE ACCIDENT
[// GUIDANCE: Insert court-assigned file number after filing. Minnesota uses mandatory e-filing in most counties.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Parties
- Jurisdiction & Venue
- Factual Allegations
- Compliance with Minnesota No-Fault Thresholds
- Cause of Action – Negligence
- Damages
- Comparative Fault Allegations
- Prayer for Relief
- Demand for Jury Trial
- Verification & Acknowledgment
- Certificate of Service
1. DOCUMENT HEADER
1.1 Effective Date. This Complaint is filed on [DATE] in the District Court for the County of [COUNTY], State of Minnesota.
1.2 Governing Law. All claims and defenses shall be determined under Minnesota substantive law and the Minnesota Rules of Civil Procedure.
2. DEFINITIONS
For purposes of this Complaint, the following capitalized terms shall have the meanings set forth below:
a. “Accident” means the motor vehicle collision that occurred on [MM/DD/YYYY] at or near [ADDRESS OR INTERSECTION], City of [CITY], Minnesota.
b. “Subject Vehicle(s)” means the vehicle operated by Defendant [DEF NAME], VIN [VIN], and, where applicable, the vehicle occupied by Plaintiff [PLAINTIFF NAME], VIN [VIN].
c. “No-Fault Act” means the Minnesota No-Fault Automobile Insurance Act, Minn. Stat. §§ 65B.41–65B.71.
d. “Threshold” means the statutory thresholds for maintaining a tort action under Minn. Stat. § 65B.51, subd. 3.
e. “Date of Loss” means the date of the Accident, [MM/DD/YYYY].
3. PARTIES
3.1 Plaintiff. Plaintiff [PLAINTIFF NAME] is an individual resident of [COUNTY], Minnesota and, at all material times, was lawfully operating or occupying the Subject Vehicle.
3.2 Defendant(s).
a. [DEFENDANT DRIVER NAME] is an individual resident of [COUNTY/STATE] who at all material times owned/operated the Subject Vehicle described above.
b. [DEFENDANT OWNER NAME] (if different) is the titled owner of the Subject Vehicle and is vicariously liable pursuant to Minn. Stat. § 169.09, subd. 5a.
[// GUIDANCE: Add additional defendants (e.g., employer, dram-shop, governmental entity) as necessary and plead statutory prerequisites (e.g., Minn. Stat. § 340A.801) where applicable.]
4. JURISDICTION & VENUE
4.1 Subject-Matter Jurisdiction. This Court has jurisdiction over this civil action pursuant to Minn. Const. art. VI, § 3 and Minn. Stat. § 484.01.
4.2 Personal Jurisdiction. Defendant(s) are subject to personal jurisdiction in Minnesota because they reside in, transact business in, and/or committed tortious acts within the state.
4.3 Venue. Venue is proper in this County under Minn. Stat. § 542.09 because the Accident occurred here and/or at least one Defendant resides here.
5. FACTUAL ALLEGATIONS
5.1 On [DATE], at approximately [TIME], Plaintiff was [driving/passenger] in the Subject Vehicle traveling [DIRECTION] on [ROAD].
5.2 Defendant [DEF NAME] was operating the Subject Vehicle traveling [DIRECTION] on [ROAD].
5.3 Defendant had a duty to operate the Subject Vehicle with reasonable care, obey traffic laws, maintain proper lookout, and control speed.
5.4 Defendant breached that duty by, inter alia:
a. Failing to obey a traffic control device;
b. Following too closely;
c. Driving at an unsafe speed;
d. Failing to yield the right-of-way; and/or
e. Operating the vehicle while distracted or impaired.
5.5 As a direct and proximate result of Defendant’s negligence, the Accident occurred, causing serious bodily injuries and other damages to Plaintiff.
6. COMPLIANCE WITH MINNESOTA NO-FAULT THRESHOLDS
6.1 Pursuant to Minn. Stat. § 65B.51, subd. 3, Plaintiff has sustained injuries and losses that exceed the Threshold, including but not limited to:
a. Reasonable medical expenses in excess of $4,000, exclusive of diagnostic X-rays;
b. Permanent disfigurement and/or impairment; and/or
c. Disability for more than 60 days.
6.2 All required written notices have been provided to Plaintiff’s no-fault insurer, and any applicable coordination of benefits has been satisfied or will be resolved post-judgment.
[// GUIDANCE: Attach no-fault benefit summary as an exhibit if helpful; redact private data per Minn. Gen. R. Prac. 11.]
7. CAUSE OF ACTION – NEGLIGENCE
7.1 Plaintiff restates and realleges ¶¶ 1–6 as if fully set forth herein.
7.2 Defendant owed Plaintiff a duty of reasonable care in the ownership, maintenance, and operation of the Subject Vehicle.
7.3 Defendant breached that duty as detailed above.
7.4 Defendant’s breaches were the direct and proximate cause of Plaintiff’s injuries and damages, including past and future:
a. Medical expenses;
b. Wage loss and loss of earning capacity;
c. Pain, suffering, and emotional distress;
d. Loss of the enjoyment of life;
e. Property damage; and
f. Incidental and consequential expenses.
7.5 WHEREFORE, Plaintiff seeks judgment as set forth in the Prayer for Relief.
8. DAMAGES
8.1 Plaintiff seeks an amount exceeding $50,000 exclusive of interest and costs, to be fully proven at trial.
8.2 Punitive Damages. Plaintiff reserves the right to move to amend the pleadings to seek punitive damages pursuant to Minn. Stat. § 549.191 upon a prima facie showing of deliberate disregard for the safety of others.
8.3 Any recovery of damages shall be subject to statutory limitations, if any, but Plaintiff pleads the maximum amount allowable by law.
[// GUIDANCE: Minnesota has no general non-economic damage cap, but punitive damages are capped by due-process considerations. Adjust section 8.3 if a governmental defendant triggers Minn. Stat. § 466.04 limits.]
9. COMPARATIVE FAULT ALLEGATIONS
9.1 Plaintiff denies any comparative fault.
9.2 In the alternative, pursuant to Minnesota’s comparative-fault system (51% bar, Minn. Stat. § 604.01), Plaintiff’s recovery should be reduced only by the percentage of fault, if any, attributable to Plaintiff.
10. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment:
A. Awarding general and special damages in an amount to be determined at trial but believed to exceed $50,000;
B. Awarding costs, disbursements, and prejudgment interest as allowed by law;
C. Awarding punitive damages upon proper amendment and proof;
D. Granting such other and further relief as the Court deems just and equitable.
11. DEMAND FOR JURY TRIAL
Plaintiff demands a trial by jury on all issues so triable pursuant to Minn. R. Civ. P. 38 and the Seventh Amendment to the United States Constitution.
12. VERIFICATION & RULE 11 ACKNOWLEDGMENT
I, [PLAINTIFF NAME], declare under penalty of perjury that the foregoing Complaint is true and correct to the best of my knowledge, information, and belief.
Date: ___ _____
[PLAINTIFF NAME], Plaintiff
The undersigned attorney hereby acknowledges, pursuant to Minn. Stat. § 549.211, that to the best of my knowledge, information, and belief, formed after reasonable inquiry, this pleading is well-grounded in fact and is warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law.
Date: __ _____
[ATTORNEY NAME] (#_)
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Plaintiff
13. CERTIFICATE OF SERVICE
I hereby certify that on [DATE], I electronically filed the foregoing document via the Minnesota E-Filing System (eFS), which constitutes service upon all counsel of record.
[ATTORNEY NAME]
[// GUIDANCE: If serving unrepresented parties, add mailed service language and USPS certificate.]