Personal Injury Complaint - Auto Accident

IN THE ☐ JUDICIAL DISTRICT COURT

STATE OF MONTANA, COUNTY OF ☐

[PLAINTIFF NAME],
  Plaintiff,

v.

[DEFENDANT DRIVER NAME], an individual, and
[DEFENDANT OWNER NAME], an individual/business entity,
  Defendants.

Cause No.: __________________

COMPLAINT FOR PERSONAL INJURIES (AUTO ACCIDENT)
AND DEMAND FOR JURY TRIAL

TABLE OF CONTENTS

1. Parties, Jurisdiction, and Venue
2. Factual Allegations
3. First Cause of Action – Negligence
4. Damages
5. Prayer for Relief
6. Demand for Jury Trial
7. Certification Under Mont. R. Civ. P. 11
8. Verification (if required)

1. PARTIES, JURISDICTION, AND VENUE

1.1 Plaintiff. Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is an individual residing at [ADDRESS], County of [COUNTY], State of Montana.

1.2 Defendants. 
 a. [DEFENDANT DRIVER NAME] (“Driver”) is an individual residing at [ADDRESS], County of [COUNTY], State of [STATE].
 b. [DEFENDANT OWNER NAME] (“Owner”) is the registered owner of the motor vehicle operated by Driver at the time of the collision and, on information and belief, resides or has its principal place of business at [ADDRESS].

1.3 Subject-Matter Jurisdiction. This Court has jurisdiction under Mont. Const. art. VII, § 4 and Mont. Code Ann. § 3-5-302 as this is a civil action seeking damages exceeding the jurisdictional minimum.

1.4 Personal Jurisdiction. Personal jurisdiction is proper because Defendants are residents of Montana, transact business within Montana, and/or committed a tortious act within Montana.

1.5 Venue. Venue is proper in [COUNTY] County pursuant to Mont. Code Ann. § 25-2-122 because the collision occurred in this county and Defendants reside or may be served here.

2. FACTUAL ALLEGATIONS

2.1 On [DATE] at approximately [TIME], Plaintiff was lawfully operating a [YEAR/MAKE/MODEL] motor vehicle eastbound on [ROAD/HIGHWAY] near mile marker ☐ in [CITY/COUNTY], Montana.

2.2 At that same time and place, Driver was operating a [YEAR/MAKE/MODEL] motor vehicle owned by Owner in a westerly direction on the same roadway.

2.3 Driver, in violation of Montana traffic laws, negligently [describe conduct—e.g., crossed the centerline / failed to yield / was speeding / was distracted by mobile device], causing a collision with Plaintiff’s vehicle (“Collision”).

2.4 Driver’s negligence was the sole, direct, and proximate cause of the Collision and the injuries and damages suffered by Plaintiff.

2.5 Plaintiff exercised due care and was not comparatively negligent; however, to the extent comparative negligence is alleged, Plaintiff’s fault, if any, was less than or equal to 50 percent in accordance with Mont. Code Ann. § 27-1-702.

3. FIRST CAUSE OF ACTION – NEGLIGENCE

3.1 Plaintiff realleges and incorporates Paragraphs 1.1 through 2.5 as though fully set forth herein.

3.2 Duty. Driver owed Plaintiff a duty of reasonable care to operate the vehicle in a safe and lawful manner.

3.3 Breach. Driver breached that duty by [specific negligent acts/omissions].

3.4 Causation. Driver’s breach was the actual and proximate cause of Plaintiff’s injuries and damages.

3.5 Vicarious Liability. Owner is vicariously liable under the doctrine of negligent entrustment and/or respondeat superior for Driver’s negligence.

3.6 Comparative Fault. Should Defendants allege Plaintiff’s contributory negligence, Plaintiff pleads Mont. Code Ann. § 27-1-702, and any damages awarded shall be reduced only by the percentage, if any, of Plaintiff’s comparative fault determined by the finder of fact.

4. DAMAGES

4.1 Economic/Special Damages (past and future). 
 a. Medical and hospital expenses: $[AMT] (to be proven at trial)
 b. Rehabilitation/therapy expenses: $[AMT]
 c. Lost wages and diminished earning capacity: $[AMT]
 d. Property damage: $[AMT]

4.2 Non-Economic/General Damages. Compensation for pain, suffering, emotional distress, inconvenience, and loss of enjoyment of life in an amount to be determined by the jury.

4.3 Punitive Damages. Pursuant to Mont. Code Ann. § 27-1-221, Defendants’ conduct was willful, wanton, or exhibited actual malice, entitling Plaintiff to punitive damages in an amount to be determined by the jury and subject to the statutory cap in Mont. Code Ann. § 27-1-220(3).

4.4 Pre- and Post-Judgment Interest. Plaintiff seeks interest as allowed by law.

4.5 Costs and Attorney Fees. Plaintiff seeks costs of suit as a prevailing party and any attorney fees recoverable under applicable law or contract.

5. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests judgment against Defendants, jointly and severally, for:

a. Economic damages according to proof;
b. Non-economic damages according to proof;
c. Punitive damages as permitted by statute;
d. Pre- and post-judgment interest as allowed by law;
e. Costs of suit and allowable attorney fees; and
f. Such other and further relief as the Court deems just and proper.

6. DEMAND FOR JURY TRIAL

Pursuant to Mont. Const. art. II, § 26 and Mont. R. Civ. P. 38, Plaintiff demands a trial by jury on all issues triable of right by a jury.

7. CERTIFICATION UNDER MONT. R. CIV. P. 11

The undersigned counsel certifies that he/she has read this pleading; 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.

8. VERIFICATION

I, [PLAINTIFF NAME], state under penalty of perjury that I have read the foregoing Complaint and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

Date: _______________________

__________________________________
[PLAINTIFF NAME], Plaintiff

Respectfully submitted,

Date: _______________________

__________________________________
[ATTORNEY NAME]
[LAW FIRM NAME]
[BAR NUMBER]
[ADDRESS]
[TELEPHONE]
[EMAIL]
Attorney for Plaintiff

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