Personal Injury Complaint - Auto Accident - New Hampshire

COMPLAINT FOR PERSONAL INJURIES (MOTOR-VEHICLE COLLISION)

AND DEMAND FOR JURY TRIAL
State of New Hampshire – [COUNTY] Superior Court

Docket No.: __________________

[PLAINTIFF FULL NAME],
 Plaintiff,

v.

[DEFENDANT FULL NAME],
 Defendant.

Date Filed: _______________

TABLE OF CONTENTS

1. Parties and Service
2. Jurisdiction and Venue
3. Definitions
4. Factual Allegations

5. Causes of Action
    Count I – Negligence
    Count II – Negligent Infliction of Emotional Distress
    Count III – Reckless Conduct (Enhanced Compensatory Damages)

6. Damages

7. Comparative Fault Allegations
8. Prayer for Relief
9. Jury Demand
10. Reservation of Rights
11. Verification / Certification

1. PARTIES AND SERVICE

1.1 Plaintiff. [PLAINTIFF FULL NAME] (“Plaintiff”) is an individual domiciled at [PLAINTIFF ADDRESS], [TOWN/CITY], New Hampshire [ZIP].

1.2 Defendant. [DEFENDANT FULL NAME] (“Defendant”) is an individual residing at [DEFENDANT ADDRESS], [TOWN/CITY], New Hampshire [ZIP], and may be served at that address or wherever found pursuant to RSA 510 and N.H. Superior Court Civil Rule 4 (Preliminary Process).

2. JURISDICTION AND VENUE

2.1 Subject-Matter Jurisdiction. This is a civil tort action within the Superior Court's jurisdiction under RSA 491:7. The damages claimed are within this Court's jurisdictional limits. The facts placing this action outside the District Court's exclusive jurisdiction under RSA 502-A:14, I are [STATE FACTS]. RSA 502-A:14, II provides concurrent District Court and Superior Court jurisdiction for qualifying damages claims through $25,000.

2.2 Personal Jurisdiction. Defendant is domiciled in New Hampshire and/or committed tortious conduct within the state, conferring personal jurisdiction consistent with due-process requirements.

2.3 Venue. Venue is proper in the [COUNTY] Superior Court under RSA 507:9 because [Plaintiff / Defendant] is a New Hampshire inhabitant and resides in this county.

3. DEFINITIONS

For ease of reference and to reduce ambiguity, the following terms (whether singular or plural) have the meanings set forth below and are capitalized throughout this Complaint:

“Accident” – the motor-vehicle collision that occurred on [DATE] at or near [LOCATION].
“Plaintiff Vehicle” – the [YEAR, MAKE, MODEL] operated by Plaintiff at the time of the Accident.
“Defendant Vehicle” – the [YEAR, MAKE, MODEL] operated and/or owned by Defendant at the time of the Accident.
“Medical Expenses” – reasonable and necessary charges for past and future medical treatment related to the Accident.
“Lost Earnings” – wages, salary, or other income lost as a result of Accident-related injuries.
“Enhanced Compensatory Damages” – additional compensation that may be considered after liability and actual damages are established on an underlying claim, if Defendant’s conduct was wanton, malicious, or oppressive; this is a remedy, not a separate cause of action.

4. FACTUAL ALLEGATIONS

4.1 On [DATE] at approximately [TIME], Plaintiff was lawfully operating the Plaintiff Vehicle in a [north/south/east/west]bound lane of [ROADWAY], a public highway in [TOWN/CITY], New Hampshire.

4.2 At the same time and place, Defendant was operating the Defendant Vehicle in a [direction]bound lane of the same roadway.

4.3 Defendant suddenly and without warning [e.g., “failed to stop at a red traffic signal and entered the intersection”], causing the Defendant Vehicle to collide with the Plaintiff Vehicle (“Accident”).

4.4 At all relevant times, Plaintiff was exercising due care, obeying all traffic laws, and traveling at a safe and reasonable speed.

4.5 Defendant’s acts and omissions, including but not limited to [speeding, failure to yield, distracted driving, violation of RSA 265: ____], directly and proximately caused the Accident.

4.6 As a direct and proximate result of the Accident, Plaintiff sustained severe personal injuries, including but not limited to [list injuries]; incurred Medical Expenses; experienced pain, suffering, and mental anguish; and suffered Lost Earnings and diminution of earning capacity.

4.7 Plaintiff continues to receive medical treatment and is expected to incur additional Medical Expenses in the future.

5. CAUSES OF ACTION

COUNT I – NEGLIGENCE

5.1 Plaintiff realleges and incorporates by reference Paragraphs 1-4 as if fully set forth herein.

5.2 Defendant owed Plaintiff a duty of reasonable care in the operation of a motor vehicle.

5.3 Defendant breached that duty by, inter alia, operating the Defendant Vehicle:
 a. At an unreasonable speed;
 b. While distracted and/or inattentive;
 c. In violation of applicable traffic control devices; and/or
 d. In violation of RSA 265 et seq.

5.4 Defendant’s breaches were the direct and proximate cause of Plaintiff’s injuries and damages.

5.5 Plaintiff is therefore entitled to recover compensatory damages in an amount to be proven at trial.

COUNT II – NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

5.6 Plaintiff realleges Paragraphs 1-5.5.

5.7 As a foreseeable result of Defendant’s negligence, Plaintiff has suffered severe emotional distress, accompanied by objective symptoms verified by medical evidence.

5.8 Plaintiff is entitled to damages for such emotional distress.

REQUEST FOR ENHANCED COMPENSATORY DAMAGES ON COUNTS I AND II

5.9 Plaintiff realleges Paragraphs 1-5.8.

5.10 If Plaintiff proves liability and actual damages under Count I or II, Plaintiff requests enhanced compensatory damages based on Defendant’s alleged wanton, malicious, or oppressive conduct. This request is not a separate cause of action. See Goodell v. Roof, No. 2023-0281 (N.H. Feb. 12, 2025); Vratsenes v. N.H. Auto, Inc., 112 N.H. 71 (1972). Punitive damages, as such, are unavailable absent statutory authorization. RSA 507:16.

6. DAMAGES

6.1 Economic Damages:
 a. Past medical expenses
 b. Future medical expenses
 c. Past lost earnings
 d. Future loss of earning capacity

6.2 Non-Economic Damages:
 a. Pain and suffering (past and future)
 b. Emotional distress
 c. Loss of enjoyment of life

6.3 Property damage, if proved, measured by the applicable repair cost or fair market value.

6.4 Enhanced compensatory damages on Count I or II, if liability, actual damages, and the required aggravating conduct are proved.

6.5 Interest from the writ or petition to judgment under RSA 524:1-b and interest on the judgment under RSA 336:1, II.

6.6 Costs and such other relief as the Court deems just.

7. COMPARATIVE FAULT ALLEGATIONS

7.1 Pursuant to RSA 507:7-d, Plaintiff affirmatively alleges that any fault attributable to Plaintiff was not greater than Defendant's fault, or the Defendants' aggregate fault if recovery is allowed against more than one Defendant, and therefore does not bar recovery; any allowed damages remain subject to proportional reduction.

7.2 Plaintiff’s percentage of fault, if any, will be addressed by the trier of fact, and any verdict shall be reduced only to the extent required by statute.

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Honorable Court:

A. Enter judgment in favor of Plaintiff on all Counts;
B. Award compensatory damages in an amount determined at trial;
C. Award enhanced compensatory damages on a proven claim if the required aggravating conduct is established;
D. Award interest and allowable costs; and
E. Grant such other and further relief as justice requires.

9. JURY DEMAND

Pursuant to Part I, Article 20 of the New Hampshire Constitution and N.H. Superior Court Civil Rule 8(c), Plaintiff hereby demands a trial by jury on all issues so triable.

10. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint to add parties, causes of action, or prayers for relief as discovery progresses and justice may require.

11. VERIFICATION / CERTIFICATION

I, [PLAINTIFF NAME], being duly sworn, depose and say that I have read the foregoing Complaint, know the contents thereof, and believe the same to be true to the best of my knowledge and belief.

___________________________
[PLAINTIFF NAME]

State of New Hampshire
County of __________

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

___________________________
Notary Public / Justice of the Peace
My Commission Expires: __________

ATTORNEY SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]

By: ______________________________
 [ATTORNEY NAME], Esq. (NH Bar No. ________)
 [Street Address]
 [City], NH [ZIP]
 Tel: [(###) ###-####]
 Email: [[email protected]]

Counsel for Plaintiff