Personal Injury Complaint - Auto Accident - North Dakota

IN THE DISTRICT COURT OF [COUNTY] COUNTY

STATE OF NORTH DAKOTA

[___] JUDICIAL DISTRICT

[PLAINTIFF FULL LEGAL NAME],
Plaintiff,

v.

[DEFENDANT FULL LEGAL NAME],
Defendant.

Civil No. _________

COMPLAINT FOR PERSONAL INJURY – MOTOR VEHICLE COLLISION
DEMAND FOR JURY TRIAL

TABLE OF CONTENTS

1. Preliminary Statement
2. Parties
3. Jurisdiction, Venue, and Governing Law
4. Definitions
5. Factual Allegations
6. Cause of Action – Negligence
7. Damages
8. Reservation Regarding Comparative Fault & No-Fault Threshold
9. Prayer for Relief
10. Demand for Jury Trial
11. Certification (Rule 11, N.D.R.Civ.P.)
12. Verification (Optional but recommended)

1. PRELIMINARY STATEMENT

1.1 Plaintiff brings this action to recover damages for personal injuries and economic losses sustained in a motor-vehicle collision that occurred on [DATE] in [CITY/TOWNSHIP], North Dakota.
1.2 Plaintiff has satisfied the statutory thresholds permitting a tort action notwithstanding North Dakota’s no-fault insurance scheme codified at N.D. Cent. Code ch. 26.1-41.

2. PARTIES

2.1 Plaintiff: [PLAINTIFF NAME], an individual resident of [COUNTY] County, North Dakota.
2.2 Defendant: [DEFENDANT NAME], an individual resident of [COUNTY] County, North Dakota, who at all relevant times owned and operated the motor vehicle described herein.

3. JURISDICTION, VENUE, AND GOVERNING LAW

3.1 This Court has subject-matter jurisdiction under N.D. Const. art. VI, § 8 and N.D. Cent. Code § 27-05-06.
3.2 Venue is proper in this County under N.D. Cent. Code § 28-04-03.1 (venue in motor vehicle cases) because the collision occurred here and/or the Defendant resides here.
3.3 The substantive issues are governed by North Dakota tort law, including but not limited to the Auto Accident Reparations Act, N.D. Cent. Code ch. 26.1-41, and the Comparative Fault Act, N.D. Cent. Code ch. 32-03.2.

4. DEFINITIONS

For purposes of this Complaint:
4.1 “Accident” means the motor-vehicle collision occurring on [DATE] at approximately [TIME].
4.2 “No-Fault Act” means N.D. Cent. Code ch. 26.1-41.
4.3 “Serious Injury Threshold” refers to the conditions enumerated in the No-Fault Act that permit pursuit of a tort claim, including (a) medical expenses exceeding $2,500, (b) permanent disfigurement, (c) fracture, or (d) death.
4.4 “Comparative Fault Statute” means N.D. Cent. Code § 32-03.2-02, which bars recovery only if Plaintiff’s fault is equal to or greater than 50 percent.

5. FACTUAL ALLEGATIONS

5.1 On [DATE], Plaintiff was lawfully operating a [YEAR/MAKE/MODEL] in a southerly direction on [STREET/HIGHWAY].
5.2 Defendant, driving a [YEAR/MAKE/MODEL], failed to [e.g., obey a stop sign] and violently collided with Plaintiff’s vehicle.
5.3 At the time of impact, Defendant was traveling at an excessive speed and/or was distracted by [e.g., mobile device use].
5.4 The Accident caused Plaintiff to suffer [list injuries—e.g., cervical spine fracture, traumatic brain injury].
5.5 Plaintiff has incurred medical expenses in excess of $2,500, thereby satisfying the Serious Injury Threshold under the No-Fault Act.
5.6 Plaintiff continues to experience pain, disability, lost wages, and diminished earning capacity.

6. CAUSE OF ACTION – NEGLIGENCE

6.1 Plaintiff realleges ¶¶ 1–5 as though fully set forth herein.
6.2 Defendant owed Plaintiff a duty to operate the vehicle with reasonable care and in compliance with traffic laws.
6.3 Defendant breached that duty by, inter alia:
a. Failing to keep a proper lookout;
b. Driving at a speed greater than was reasonable and prudent;
c. Failing to yield the right-of-way; and
d. Violating North Dakota's rules of the road, N.D. Cent. Code ch. 39-10, and/or the basic speed and careless-driving rule, N.D. Cent. Code § 39-09-01.
6.4 Defendant’s breach was the direct and proximate cause of Plaintiff’s injuries and damages.
6.5 Plaintiff’s damages were foreseeable and are compensable under North Dakota law.

7. DAMAGES

7.1 Economic Damages (past and future): medical expenses, rehabilitation costs, lost wages, loss of earning capacity, property damage, and incidental expenses.
7.2 Non-Economic Damages (past and future): pain, suffering, inconvenience, emotional distress, loss of enjoyment of life, and permanent impairment.
7.3 Statutory Limits: To the extent any North Dakota statutory cap applies to the category of damages awarded, Plaintiff seeks the maximum amount permitted by law and preserves any legally available challenge to its application.

8. RESERVATION REGARDING COMPARATIVE FAULT & NO-FAULT THRESHOLD

8.1 Plaintiff denies any comparative fault but, pursuant to N.D. Cent. Code § 32-03.2-02, pleads in the alternative that any fault attributed to Plaintiff is less than 50 percent.

8.2 For any qualifying two-person motor-vehicle property-damage claim, Plaintiff invokes N.D. Cent. Code § 32-03.2-02.1 only if direct physical property damages do not exceed $5,000, indirect physical property damages do not exceed $1,000, and the target person's fault is over 50 percent. That section does not govern personal-injury damages.
8.2 Plaintiff affirmatively pleads compliance with the Serious Injury Threshold set forth in the No-Fault Act, thereby enabling this tort action.
8.3 Plaintiff has received or will receive basic no-fault benefits; any such payments are set off only as allowed by N.D. Cent. Code § 26.1-41-16.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff requests that the Court enter judgment in favor of Plaintiff and against Defendant as follows:
a. General and special damages in an amount to be proven at trial;
b. Pre-judgment and post-judgment interest;
c. Costs, disbursements, and reasonable attorney fees where recoverable;
d. Such other and further relief as the Court deems just and equitable.

10. DEMAND FOR JURY TRIAL

Pursuant to N.D. Const. art. I, § 13 and N.D.R.Civ.P. 38, Plaintiff hereby demands a trial by jury on all issues so triable.

11. CERTIFICATION (N.D.R.Civ.P. 11)

Undersigned counsel certifies that, after reasonable inquiry, the allegations and other factual contentions have evidentiary support, and the claims, defenses, and legal contentions are warranted by existing law or a non-frivolous argument for the extension, modification, or reversal of existing law.

12. VERIFICATION

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

Date: _____________

Signature: ______________________________
[PLAINTIFF NAME]

ATTORNEY SIGNATURE BLOCK

Dated: _____________

Respectfully submitted,

[LAW FIRM NAME]

By: ______________________________
[ATTORNEY NAME] (ND Bar #____)
[ADDRESS]
[CITY], ND 58___
Phone: [___]
Email: [___]

ATTORNEYS FOR PLAINTIFF