Personal Injury Complaint - Auto Accident - Montana
MONTANA DISTRICT COURT COMPLAINT — AUTO ACCIDENT
[NUMBER] Judicial District Court, [COUNTY] County, Montana
| Party | Role |
|---|---|
| [PLAINTIFF FULL NAME] | Plaintiff |
| v. | |
| [DEFENDANT DRIVER FULL NAME] | Defendant |
Cause No.: [________________________________]
Complaint for Personal Injuries and Demand for Jury Trial
Plaintiff alleges as follows:
1. Parties and court
- Plaintiff [PLAINTIFF FULL NAME] resides in [COUNTY AND STATE]. Defendant [DEFENDANT DRIVER FULL NAME] resides in [COUNTY AND STATE].
- This is a civil action within the District Court's original jurisdiction under Mont. Code Ann. § 3-5-302(1)(b).
- This Court has personal jurisdiction under Mont. R. Civ. P. 4(b)(1)(B): Defendant's acts described below resulted in the accrual of this tort action in Montana.
- Venue lies in [COUNTY] County under Mont. Code Ann. § 25-2-122(1)(b) because the collision and alleged tort occurred there.
2. Collision and negligence
- On [__/__/____], at about [TIME], Plaintiff was [DRIVING / RIDING IN] a [YEAR, MAKE, MODEL] on [ROAD AND LOCATION] in [COUNTY] County, Montana.
- Defendant drove a [YEAR, MAKE, MODEL] at the same time and place. Defendant [DESCRIBE SPECIFIC DRIVING CONDUCT SUPPORTED BY EVIDENCE].
- Defendant owed Plaintiff reasonable care in operating the vehicle. Defendant breached that duty by [SPECIFIC ACT OR OMISSION].
- The breach caused the collision and Plaintiff's injuries. Plaintiff's injuries were [DESCRIBE INJURIES] and required [TREATMENT OR OTHER FACTS].
- Plaintiff incurred [MEDICAL EXPENSES], [LOST INCOME], [PROPERTY LOSS], and [OTHER PROVABLE LOSS], and experienced [PAIN, SUFFERING, OR OTHER PROVABLE NONECONOMIC HARM]. Plaintiff seeks damages in amounts proved at trial.
3. Claim for relief — negligence
- Plaintiff incorporates paragraphs 1 through 9. Defendant's breach of the duty of reasonable care was a cause of Plaintiff's injuries and losses. Plaintiff seeks compensatory damages proved by the evidence.
- If comparative negligence is established, Plaintiff requests application of Mont. Code Ann. § 27-1-702. Plaintiff alleges that any negligence attributable to Plaintiff was not greater than Defendant's negligence; any reduction must reflect the percentage of Plaintiff's negligence found by the trier of fact.
4. Demand for relief
Plaintiff requests judgment against Defendant for:
- Compensatory damages proved at trial;
- Costs recoverable under applicable law;
- Interest to the extent allowed by applicable law; and
- Other relief the Court finds proper on these allegations.
Plaintiff makes no request for punitive damages in this initial pleading. Mont. Code Ann. § 27-1-221(5).
5. Jury demand
Under Mont. R. Civ. P. 38(b), Plaintiff demands a jury trial on every issue triable of right by a jury. Plaintiff will serve and file this written demand as Rule 38 requires.
Dated: [__/__/____]
___________________________________________
[ATTORNEY NAME], Montana Bar No. [________]
[LAW FIRM, IF ANY]
[ADDRESS]
[EMAIL]
[PHONE]
Attorney for Plaintiff
About this template
- Last updated
- October 15, 2026
- Citations checked
- October 15, 2026
- Jurisdiction
- Montana
- Category
- Personal Injury
Legal authority
- Mont. Code Ann. § 3-5-302(1)(b) (district court civil jurisdiction)
- Mont. Code Ann. § 25-2-122(1)(b) (tort venue)
- Mont. Code Ann. § 27-1-702 (comparative negligence)
- Mont. Code Ann. § 27-1-221(5) (initial pleading cannot request punitive damages)
- Mont. R. Civ. P. 4(b)(1)(B) (Montana tort personal jurisdiction)
- Mont. R. Civ. P. 8(a) (claim for relief)
- Mont. R. Civ. P. 11(a) (signature and verification)
- Mont. R. Civ. P. 38(b) (jury demand)
Personal injury cases are brought by people who were hurt because of someone else's carelessness: car crashes, slip and falls, defective products, and more. Demand letters, settlement agreements, and court filings in these cases have to document the injuries, the medical treatment, the lost income, and the exact legal basis for holding the other side responsible. Well-prepared paperwork is what drives higher settlements and forces insurers to take the claim seriously.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 15, 2026.
Mont. Code Ann. § 3-5-302(1)(b) (checked October 15, 2026): "The district court has original jurisdiction in: (a) all criminal cases amounting to felony; (b) all civil and probate matters;"
Mont. Code Ann. § 25-2-122(1)(b) (checked October 15, 2026): "Except as provided in subsections (2) through (4), the proper place of trial for a tort action is: (a) the county in which the defendants or any of them reside at the commencement of the action; or (b) the county in which the tort was committed."
Mont. Code Ann. § 27-1-702 (checked October 15, 2026): "Contributory negligence does not bar recovery in an action by a person or the person's legal representative to recover damages for negligence resulting in death or injury to the person or property if the contributory negligence was not greater than the negligence of the person or the combined negligence of all persons against whom recovery is sought, but any damages allowed must be diminished in the proportion to the percentage of negligence attributable to the person recovering."
Mont. Code Ann. § 27-1-221(5) (checked October 15, 2026): "A request for an award of punitive damages may not be contained within an initial pleading filed by a party with the court."
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