Personal Injury Complaint - Auto Accident - Missouri

TABLE OF CONTENTS

1. Caption & Style ............................................................. 2

2. Preliminary Allegations
   2.1 Parties .................................................................... 3
   2.2 Jurisdiction & Venue ................................................ 3
   2.3 Comparative Fault Framework ..................................... 4

3. Definitions (Optional) ................................................... 4

4. Factual Background ........................................................ 5

5. Claims for Relief
   Count I – Negligence .................................................... 6
   Count II – Negligence Per Se (Traffic Statute Violation) .......... 7
   Count III – Punitive Damages (By Leave of Court) ................. 8

6. Damages Allegations ....................................................... 9

7. Prayer for Relief .......................................................... 10
8. Jury Demand & Reservation of Rights ............................... 11
9. Preservation of Evidence ................................................ 11
10. Verification (if required) ............................................... 12
11. Certificate of Service .................................................... 12

NOTE: Page numbers will auto-adjust on final formatting.

1. CAPTION & STYLE

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, MISSOURI
[DIVISION NUMBER] DIVISION

PETITION FOR DAMAGES (AUTO NEGLIGENCE)

Filed: [DATE]

2. PRELIMINARY ALLEGATIONS

2.1 Parties

1. Plaintiff [Plaintiff Name] (“Plaintiff”) is a natural person residing at [Street Address, City, County, Missouri/Other State] and was at all relevant times the owner/operator/occupant of the motor vehicle described herein.
2. Defendant [Defendant Name] (“Defendant”) is a natural person residing at [Street Address, City, County, Missouri/Other State]. Service of process may be made at said address or at such other address as may become known during discovery.
 

2.2 Jurisdiction & Venue

3. This Court has subject-matter jurisdiction pursuant to Mo. Const. art. V § 14 and Mo. Rev. Stat. § 478.070, as the amount in controversy exceeds the jurisdictional minimum and this action sounds in tort.
4. Venue is proper in [County] County under Mo. Rev. Stat. § 508.010 because Plaintiff was first injured in Missouri in that county by the collision alleged. [If Plaintiff was first injured outside Missouri, replace this allegation with the applicable subsection 5 analysis.]
5. All conditions precedent to the maintenance of this action have occurred, been performed, or have been waived.

2.3 Comparative Fault Framework

6. Missouri follows a pure comparative fault system, judicially adopted in Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983) (adopting the Uniform Comparative Fault Act for negligence claims). Plaintiff denies any negligence but pleads that, should a trier of fact attribute fault to Plaintiff, any award shall be reduced only by the percentage of fault so attributed, and shall never be barred regardless of the percentage of fault found. (Mo. Rev. Stat. § 537.765 separately codifies pure comparative fault, but only for products-liability claims; it does not itself govern ordinary auto-negligence claims such as this one.)
7. If more than one defendant is found at fault, any defendant found to bear fifty-one percent (51%) or more of the fault shall be jointly and severally liable for the full judgment; a defendant found to bear less than fifty-one percent (51%) of the fault shall be liable only for that defendant's proportionate share, subject to the exceptions in Mo. Rev. Stat. § 537.067.

3. DEFINITIONS (OPTIONAL)

For clarity and consistency, the following capitalized terms shall have the meanings set forth below:
a. “Accident” or “Collision” means the motor-vehicle incident that occurred on [Date] at or near [Location/Intersection, City, Missouri].
b. “Plaintiff Vehicle” means the [Year, Make, Model] operated or occupied by Plaintiff during the Accident.
c. “Defendant Vehicle” means the [Year, Make, Model] operated by Defendant during the Accident.
d. “Subject Injuries” means the bodily injuries, pain, suffering, and related conditions suffered by Plaintiff as a direct and proximate result of the Accident.

4. FACTUAL BACKGROUND

8. On [Date], at approximately [Time] a.m./p.m., Plaintiff was lawfully operating/occupying the Plaintiff Vehicle traveling [direction] on [Roadway].
9. Defendant was operating the Defendant Vehicle traveling [direction] on the same roadway.
10. Defendant owed all other roadway users, including Plaintiff, the duty to operate his vehicle with the highest degree of care required by Missouri law (Mo. Rev. Stat. § 304.012).
11. Defendant breached that duty by, inter alia, one or more of the following negligent acts or omissions:
a. Driving at an excessive and unsafe speed;
b. Failing to keep a careful lookout;
c. Failing to yield the right of way;
d. Following too closely;
e. Operating the vehicle while distracted [OPTIONAL: or under the influence of alcohol/drugs]; and
f. Such other acts or omissions as may be revealed in discovery and proven at trial.

12. As a direct and proximate result of Defendant’s negligence, the Defendant Vehicle struck the Plaintiff Vehicle, causing the Accident and resulting in the Subject Injuries and damages hereinafter described.

5. CLAIMS FOR RELIEF

COUNT I – NEGLIGENCE

13. Plaintiff incorporates paragraphs 1–12 as though fully set forth herein.
14. Defendant had a duty to operate the Defendant Vehicle with the highest degree of care.
15. Defendant breached that duty by committing the acts and omissions set forth above.
16. Defendant’s breach was the direct and proximate cause of the Accident and Plaintiff’s injuries and damages.
17. Plaintiff has suffered and will continue to suffer economic and non-economic damages including, without limitation: past and future medical expenses, lost wages and diminished earning capacity, pain and suffering, emotional distress, loss of enjoyment of life, and property damage.
WHEREFORE, Plaintiff prays for judgment against Defendant as set forth in the Prayer for Relief.

COUNT II – NEGLIGENCE PER SE (Violation of Traffic Statutes) – OPTIONAL

18. Plaintiff incorporates paragraphs 1–17.
19. At the time of the Accident, Defendant was in violation of [identify specific Missouri traffic statute, e.g., Mo. Rev. Stat. § 304.010 (speeding)] designed to protect the class of persons including Plaintiff.
20. Defendant’s statutory violation constitutes negligence per se and directly caused Plaintiff’s damages.
WHEREFORE, Plaintiff prays for judgment as set forth below.

COUNT III – PUNITIVE DAMAGES (By Leave of Court) – OPTIONAL

21. Plaintiff incorporates paragraphs 1–20.
22. The evidence is expected to show that Defendant intentionally harmed Plaintiff without just cause or acted with deliberate and flagrant disregard for the safety of others.
23. Pursuant to Mo. Rev. Stat. § 510.261, Plaintiff will seek leave of Court through a supported motion to amend this Petition to assert a claim for punitive damages; punitive damages are not claimed in this initial pleading.
WHEREFORE, Plaintiff reserves the right to seek punitive damages upon obtaining leave, and otherwise prays for all relief stated herein.

6. DAMAGES ALLEGATIONS

24. No statutory cap applies to damages arising from ordinary motor-vehicle negligence under current Missouri law. Plaintiff therefore seeks all categories of damages allowable at law, including:
a. Past medical expenses — presently estimated at [$____];
b. Future medical expenses — to be established at trial;
c. Past lost wages — approximately [$____];
d. Future loss of earning capacity;
e. Property damage to Plaintiff Vehicle — [$____];
f. Past and future pain, suffering, and mental anguish;
g. Loss of enjoyment of life; and
h. Pre- and post-judgment interest as allowed by law.

25. Plaintiff reserves the right to amend this Petition to conform to the evidence and proof of additional damages discovered.

7. PRAYER FOR RELIEF

WHEREFORE, Plaintiff [Plaintiff Name] respectfully requests that the Court enter judgment in Plaintiff’s favor and against Defendant [Defendant Name], and award:

1. Compensatory damages in an amount to be determined by the trier of fact;
2. Pre-judgment and post-judgment interest as provided by law;
3. Costs incurred herein;
4. Punitive damages upon proper leave of Court (if Count III is pursued); and
5. Such other and further relief as the Court deems just and proper.

8. JURY DEMAND & RESERVATION OF RIGHTS

Pursuant to Mo. Const. art. I § 22(a) and Mo. R. Civ. P. 69.01, Plaintiff demands a trial by jury on all issues so triable. Plaintiff reserves the right to amend this Petition to add, delete, or modify claims and parties in accordance with the Missouri Rules of Civil Procedure.

9. PRESERVATION OF EVIDENCE

Plaintiff hereby places Defendant on notice to preserve all evidence relating to the Accident, including but not limited to vehicles, photographs, video, electronic data, cell-phone records, maintenance logs, and insurance communications. Failure to preserve such evidence may result in sanctions, adverse-inference instructions, or other remedies.

10. VERIFICATION (IF REQUIRED) – OPTIONAL

I, [Plaintiff Name], being first duly sworn, state that I have read the foregoing Petition and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

_________________________
[PLAINTIFF NAME]

Subscribed and sworn before me this ___ day of ________, 20__.

_________________________
Notary Public
My Commission Expires: __________

11. CERTIFICATE OF SERVICE

I hereby certify that on this ___ day of __________, 20__, a true and correct copy of the foregoing Petition was served on counsel for Defendant [or Defendant personally, if unrepresented] by [method of service consistent with Mo. R. Civ. P. 54].

_________________________
[ATTORNEY NAME], #_______
Attorney for Plaintiff
[Law Firm Name]
[Address] | [Phone] | [Email]

ATTORNEY SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]
By: ________________________________
[Attorney Name], Mo. Bar #________
[Street Address]
[City], Missouri [Zip]
Tel: (____) ___-____
Fax: (____) ___-____
Email: [____@____]

ATTORNEYS FOR PLAINTIFF