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: ___
[// GUIDANCE: This template conforms to the New Hampshire Rules of Civil Procedure (“N.H. R. Civ. P.”) and current NH tort law, including RSA 507:7-d (modified comparative fault). Edit bracketed items, delete guidance text, and attach any required case-initiation forms (e.g., NH Civil Case Cover Sheet).]
TABLE OF CONTENTS
- Parties and Service
- Jurisdiction and Venue
- Definitions
- Factual Allegations
- Causes of Action
Count I – Negligence
Count II – Negligent Infliction of Emotional Distress
Count III – Reckless Conduct (Enhanced Compensatory Damages) - Damages
- Comparative Fault Allegations
- Prayer for Relief
- Jury Demand
- Reservation of Rights
- 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 N.H. R. Civ. P. 4.
[// GUIDANCE: If a corporate defendant or additional parties (e.g., vehicle owner, employer, UM carrier) are involved, insert additional party paragraphs.]
2. JURISDICTION AND VENUE
2.1 Subject-Matter Jurisdiction. This Court has subject-matter jurisdiction under N.H. Const. pt. II, art. 72-a and RSA 491:7 because the amount in controversy exceeds $1,500.
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 the collision occurred in this county and Defendant resides here.
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 damages available under NH law upon proof of Defendant’s reckless or wanton conduct, distinct from punitive damages, which are generally not recoverable in New Hampshire.
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.
COUNT III – RECKLESS CONDUCT (RSA 507:16; Enhanced Compensatory Damages)
5.9 Plaintiff realleges Paragraphs 1-5.8.
5.10 Defendant’s conduct was reckless, wanton, and demonstrated conscious indifference to the rights and safety of others, warranting an award of Enhanced Compensatory Damages under New Hampshire law.
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: $[__] (cost of repair or fair market value).
6.4 Enhanced Compensatory Damages pursuant to Count III.
6.5 Pre-judgment and post-judgment interest as allowed by law (RSA 336:1).
6.6 Costs and such other relief as the Court deems just.
[// GUIDANCE: Insert itemized damages, continue to update with discovery.]
7. COMPARATIVE FAULT ALLEGATIONS
7.1 Pursuant to RSA 507:7-d, Plaintiff affirmatively alleges that any negligence attributable to Plaintiff does not equal or exceed 51% of the total fault and, therefore, does not bar recovery.
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 Count III;
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. R. Civ. P. 38(b), 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: ____
[// GUIDANCE: NH does not universally require a verified complaint, but a verification strengthens credibility and can satisfy certain insurance-policy provisions. Remove if not desired.]
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
[// GUIDANCE: File electronically where mandatory. Serve Defendant in accordance with N.H. R. Civ. P. 4. Consider simultaneous service of interrogatories (Rule 33) and requests for production (Rule 34) to expedite discovery.]