IN THE CIRCUIT COURT OF [COUNTY] COUNTY, MISSISSIPPI

[PLAINTIFF FULL LEGAL NAME], )
an adult individual, )
)
Plaintiff, )
)
v. ) Civil Action No. ___
)
[DEFENDANT DRIVER FULL LEGAL NAME], )
an adult individual, and )
[DEFENDANT OWNER/ENTITY, if applicable], )
a [STATE OF INCORP.] [corporation/LLC/partnership], )
)
Defendants. )

COMPLAINT FOR PERSONAL INJURY – MOTOR VEHICLE COLLISION

[// GUIDANCE: This template is drafted for use in Mississippi state Circuit Court. Tailor caption to County venue and add additional defendants (e.g., employer, uninsured/underinsured motorist carrier) as required.]

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TABLE OF CONTENTS
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1. Preliminary Statement.................................... 1
2. Parties, Jurisdiction, and Venue......................... 2
3. Definitions.............................................. 3
4. Factual Allegations...................................... 4
5. Cause of Action – Negligence............................. 6
6. Damages Sought........................................... 7
7. Comparative Fault Allegations............................ 8
8. Reservation of Rights.................................... 8
9. Prayer for Relief........................................ 9
10. Jury Demand.............................................. 9
11. Certification & Verification............................. 10
12. Signature Block.......................................... 11

[// GUIDANCE: Remove Table of Contents for short complaints if undesired.]

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1. PRELIMINARY STATEMENT
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1.1 This civil action arises out of a motor vehicle collision that occurred on [DATE] on [ROAD/HIGHWAY] in [COUNTY] County, Mississippi, causing Plaintiff to sustain severe bodily injuries, economic losses, and non-economic damages.
1.2 Mississippi follows a fault–based (tort) automobile liability system; therefore, Plaintiff brings this action pursuant to Mississippi common and statutory law to recover compensatory and, when appropriate, punitive damages from the persons and entities whose negligence and other wrongful conduct proximately caused Plaintiff’s injuries.

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2. PARTIES, JURISDICTION, AND VENUE
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2.1 Plaintiff. Plaintiff [FULL NAME] (“Plaintiff”) is an adult resident citizen of [COUNTY] County, Mississippi, residing at [ADDRESS].
2.2 Defendant Driver. Defendant [DEFENDANT DRIVER] (“Driver Defendant”) is an adult resident citizen of [COUNTY/STATE], who may be served with process at [SERVICE ADDRESS].
2.3 Defendant Owner/Entity. Defendant [DEFENDANT OWNER/ENTITY] (“Owner Defendant”) is a [STATE] [corporation/LLC] with its principal place of business at [ADDRESS], authorized to do business in Mississippi, and may be served via its registered agent, [NAME & ADDRESS].
2.4 Jurisdiction. This Court has subject-matter jurisdiction under Miss. Const. art. 6, § 156 and Miss. Code Ann. § 9-7-81.
2.5 Venue. Venue is proper in this Court pursuant to Miss. Code Ann. § 11-11-3 because Defendants reside in, and/or a substantial part of the events or omissions giving rise to the claims occurred in, [COUNTY] County, Mississippi.
2.6 Amount in Controversy. The amount in controversy exceeds the minimum jurisdictional threshold of this Court and exceeds the monetary limits required for a jury trial.

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3. DEFINITIONS
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For purposes of this Complaint, the following terms have the meanings set forth below:
(a) “Accident” means the motor vehicle collision occurring on [DATE] at or near the intersection of [LOCATION].
(b) “Vehicle” means the [YEAR, MAKE, MODEL] operated by Driver Defendant.
(c) “Injury” or “Injuries” means all bodily harm, pain, suffering, mental anguish, loss of enjoyment of life, disfigurement, impairment, and related medical conditions sustained by Plaintiff as a direct and proximate result of the Accident.
[// GUIDANCE: Delete Definitions section if unnecessary, or expand to include insurance terms (UM/UIM, MedPay, etc.) as relevant.]

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4. FACTUAL ALLEGATIONS
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4.1 On [DATE] at approximately [TIME], Plaintiff was lawfully operating a [YEAR/MAKE/MODEL] traveling [DIRECTION] on [ROAD].
4.2 At the same time and place, Driver Defendant was operating the Vehicle owned by Owner Defendant, traveling [DIRECTION] on [ROAD].
4.3 Driver Defendant, acting within the course and scope of [his/her] agency and/or employment with Owner Defendant, failed to keep a proper lookout, failed to yield the right-of-way, and violated Mississippi traffic statutes, including but not limited to Miss. Code Ann. § 63-3-801 et seq.
4.4 Driver Defendant’s Vehicle violently collided with Plaintiff’s vehicle, causing severe impact forces to Plaintiff’s body.
4.5 As a direct and proximate result of Defendants’ acts and omissions, Plaintiff sustained Injuries including but not limited to [LIST INJURIES], incurred medical expenses, experienced lost wages, diminution of earning capacity, property damage, and non-economic damages such as pain and suffering and emotional distress.
4.6 At all relevant times, Plaintiff exercised ordinary care for [his/her] own safety and complied with applicable traffic laws.

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5. CAUSE OF ACTION – NEGLIGENCE
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5.1 Plaintiff realleges and incorporates by reference Paragraphs 1 through 4 as if fully set forth herein.
5.2 Duty. Defendants owed Plaintiff the duty to operate and/or maintain the Vehicle with reasonable care, to obey all traffic laws, and to refrain from conduct that would foreseeably harm other motorists.
5.3 Breach. Defendants breached their duties by, inter alia:
(a) Operating the Vehicle at an excessive speed;
(b) Failing to keep a proper lookout;
(c) Failing to yield the right-of-way;
(d) Operating the Vehicle while distracted, fatigued, and/or under the influence of [alcohol/drugs];
(e) Entrusting the Vehicle to an unfit or incompetent driver.
5.4 Causation. Defendants’ breaches were the direct and proximate cause of the Accident and Plaintiff’s resulting Injuries.
5.5 Damages. Plaintiff has suffered actual damages as described herein.
5.6 Punitive Damages. Pursuant to Miss. Code Ann. § 11-1-65, Defendants’ conduct was willful, wanton, grossly negligent, and/or in reckless disregard for the safety of others, entitling Plaintiff to an award of punitive damages in an amount to be determined in the bifurcated punitive phase of trial.
[// GUIDANCE: Consider attaching an Affidavit of Counsel outlining evidentiary basis for punitive damages to strengthen pleading.]

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6. DAMAGES SOUGHT
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6.1 Economic Damages (special): past and future medical expenses, rehabilitation costs, prescription costs, property damage, loss of earnings, loss of earning capacity, and out-of-pocket expenses.
6.2 Non-Economic Damages (general): pain and suffering, mental anguish, loss of enjoyment of life, inconvenience, disfigurement, and impairment, subject to the statutory cap provided in Miss. Code Ann. § 11-1-60(2)(a) (currently $1,000,000 for non-medical-malpractice actions).
6.3 Punitive Damages: as pleaded in Paragraph 5.6, subject to the evidentiary and procedural requirements of Miss. Code Ann. § 11-1-65 and to constitutional limitations.
6.4 Pre-Judgment and Post-Judgment Interest.
6.5 Costs of Court and such other relief as the Court deems appropriate.

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7. COMPARATIVE FAULT ALLEGATIONS
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7.1 Pursuant to Mississippi’s pure comparative negligence statute, Miss. Code Ann. § 11-7-15, Plaintiff’s recovery shall be diminished only by the percentage of fault, if any, attributable to Plaintiff, and Plaintiff affirmatively pleads that any such percentage is zero or de minimis.
7.2 Plaintiff denies any negligence; however, in the alternative and only in the event the evidence shows Plaintiff was negligent, such negligence was less than Defendants’ negligence and/or was not a proximate contributing cause of the Accident.

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8. RESERVATION OF RIGHTS
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8.1 Plaintiff reserves the right to amend this Complaint to add additional parties, factual allegations, and causes of action as discovery may reveal.
8.2 Plaintiff expressly reserves all rights and remedies available under Mississippi law not herein pled.

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9. PRAYER FOR RELIEF
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WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendants, jointly and severally, for:
A. Compensatory damages in an amount to be determined by the jury consistent with Miss. Code Ann. § 11-1-60;
B. Punitive damages pursuant to Miss. Code Ann. § 11-1-65;
C. Pre-judgment and post-judgment interest as allowed by law;
D. Costs of Court; and
E. Such other, further, and different relief—legal or equitable—as the Court deems just and proper.

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10. JURY DEMAND
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Pursuant to Article 3, Section 31 of the Mississippi Constitution and Rule 38 of the Mississippi Rules of Civil Procedure, Plaintiff hereby demands a trial by a duly-empaneled jury on all triable issues.

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11. CERTIFICATION & VERIFICATION
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11.1 Certificate of Service
I hereby certify that on this the ___ day of [MONTH], [YEAR], I served a true and correct copy of the foregoing Complaint upon all counsel of record via [MEC electronic filing / U.S. Mail / hand delivery] in accordance with Miss. R. Civ. P. 5 and the Mississippi Electronic Courts (MEC) Administrative Procedures.

11.2 Verification
STATE OF MISSISSIPPI )
COUNTY OF _____ )

BEFORE ME, the undersigned authority, personally appeared [PLAINTIFF NAME], who, after being duly sworn, stated under oath that the factual allegations contained in the foregoing Complaint are true and correct to the best of [his/her] knowledge, information, and belief.

[PLAINTIFF NAME]
SWORN TO AND SUBSCRIBED before me on this ___ day of ____, 20__.

NOTARY PUBLIC
My Commission Expires: ____

[// GUIDANCE: Verification not strictly required in Mississippi for tort complaints, but including one may enhance credibility and facilitate certain evidentiary rules. Omit or adjust at counsel’s discretion.]

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12. SIGNATURE BLOCK
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Respectfully submitted this ___ day of [MONTH], [YEAR].

[LAW FIRM NAME]
Post Office Box _
[ADDRESS]
[City], Mississippi [ZIP]
Telephone: () -_
Facsimile: () -_
Email: [EMAIL]

BY: _____
[ATTORNEY NAME] (MSB No. _)
Attorney for Plaintiff

[// GUIDANCE:
1. Confirm Mississippi Bar Number and compliance with Miss. R. Civ. P. 11.
2. Review venue selection, damage allegations, and punitive damages claim for factual sufficiency before filing.
3. Evaluate uninsured/underinsured motorist (UM/UIM) requirements and pre-suit notice to insurers when applicable.
4. If an employer-employee relationship is implicated, consider separate vicarious liability and negligent entrustment counts.
5. Mississippi’s one-year statute of limitations for wrongful death (§ 11-7-13) and three-year limitations for personal injury (§ 15-1-49) should be calendared.
6. Re-examine all statutory citations immediately prior to filing to ensure there have been no amendments.
]