Personal Injury Complaint - Auto Accident - New Mexico

COMPLAINT FOR PERSONAL INJURIES AND DAMAGES

(Automobile Collision – New Mexico)

DOCUMENT HEADER

IN THE DISTRICT COURT OF [COUNTY] COUNTY
STATE OF NEW MEXICO

Date of filing: __[DATE]__
Assigned Judge: __________________________________

TABLE OF CONTENTS

1. Preliminary Statement
2. Jurisdiction and Venue
3. Parties
4. Facts Common to All Claims

5. Causes of Action
   5.1 Count I – Negligence
   5.2 Count II – Negligence Per Se
   5.3 Count III – Respondeat Superior (Optional)

6. Damages

7. Prayer for Relief
8. Jury Demand
9. Reservation of Rights
10. Verification
11. Request for Summons and Service

1. PRELIMINARY STATEMENT

1.1 This is an action arising from a motor‐vehicle collision that occurred on [DATE] at or near [LOCATION], within [COUNTY] County, New Mexico. Plaintiff sustained [DESCRIBE ACTUAL PERSONAL INJURIES AND PROPERTY DAMAGE].
1.2 Plaintiff seeks to prove Defendant's negligent conduct, causation, and resulting damages.
1.3 Under New Mexico’s pure comparative negligence doctrine, any recovery shall be reduced only by the percentage of fault, if any, attributable to Plaintiff.
1.4 Plaintiff seeks the damages permitted for the defendants and claims actually pleaded, subject to any applicable limitation.
1.5 Under Rule 1-008(A)(3) NMRA, Plaintiff does not allege a specific monetary amount because that allegation is not necessary to this Complaint.

2. JURISDICTION AND VENUE

2.1 This Court has subject-matter jurisdiction under N.M. Const. art. VI, § 13 because [FACTS SHOWING THE MATTER IS WITHIN THE DISTRICT COURT'S ORIGINAL JURISDICTION AND NOT CONSTITUTIONALLY EXCEPTED].
2.2 Venue is proper in this Court under NMSA 1978, § 38-3-1 [SELECT SUBSECTION] because [FACTS SATISFYING THE SELECTED STATUTORY ROUTE].
2.3 Personal jurisdiction over each Defendant exists under [CURRENT BASIS]. If relying on NMSA 1978, § 38-1-16, identify the enumerated New Mexico act and facts showing that each asserted claim arises from that act.

3. PARTIES

3.1 Plaintiff [FULL NAME] is a natural person residing at [ADDRESS], [CITY], New Mexico, and was at all relevant times the owner/operator/occupant (choose one) of the vehicle involved.
3.2 Defendant [FULL NAME] is a resident of [STATE] and may be served at [SERVICE ADDRESS].
3.3 (Optional Employer) Defendant [EMPLOYER LLC] is a [STATE] limited liability company authorized to transact business in New Mexico and may be served through its registered agent, [NAME], at [ADDRESS].

4. FACTS COMMON TO ALL CLAIMS

4.1 On [DATE] at approximately [TIME] a.m./p.m., Plaintiff was lawfully operating a [YEAR, MAKE, MODEL] traveling [DIRECTION] on [STREET/HIGHWAY].
4.2 Defendant was operating a [YEAR, MAKE, MODEL] traveling [DIRECTION] on [STREET/HIGHWAY].
4.3 At or near the intersection/location of [SPECIFY], Defendant negligently [describe act/omission – e.g., “failed to yield the right of way,” “crossed the center line,” “drove at an excessive speed,” “texted while driving”], causing a collision with Plaintiff’s vehicle (“Collision”).
4.4 As a result of Defendant’s conduct, Plaintiff sustained [LIST INJURIES AND THE LOSS CATEGORIES ACTUALLY CLAIMED], as will be proved at trial.
4.5 [IF SUPPORTED BY THE FACTS: Plaintiff exercised ordinary care at the time of the Collision.]

5. CAUSES OF ACTION

5.1 Count I – Negligence

5.1.1 Plaintiff realleges Paragraphs 1 through 4 as though fully set forth herein.
5.1.2 Defendant owed Plaintiff a duty of reasonable care to operate the vehicle in a safe manner.
5.1.3 Defendant breached that duty by the acts/omissions described above.
5.1.4 Defendant’s breach was the direct and proximate cause of Plaintiff’s injuries and damages.
5.1.5 Plaintiff is entitled to recover all compensatory damages allowed under New Mexico law.

5.2 Count II – Negligence Per Se (Statutory Violations; Optional)

5.2.1 Plaintiff realleges Paragraphs 1 through 4.
5.2.2 Defendant violated [SELECT THE APPLICABLE DUTY IN NMSA 1978, § 66-7-301, § 66-7-328, OR § 66-8-114; IDENTIFY THE PRECISE SUBSECTION AND FACTS ESTABLISHING THE VIOLATION].
5.2.3 Plaintiff is within the class the selected statute protects, and the resulting harm is of the kind that statute addresses because [FACTS].
5.2.4 The violation caused or contributed to the Collision and Plaintiff's resulting injuries and damages. [OMIT THIS COUNT IF THE SELECTED STATUTE, VIOLATION, PROTECTED CLASS, AND CAUSATION CANNOT BE SUPPORTED.]

5.3 Count III – Respondeat Superior (against Employer Defendant) (Optional)

5.3.1 Plaintiff realleges Paragraphs 1 through 4.
5.3.2 At all material times, Defendant [DRIVER] was an employee/agent of Defendant [EMPLOYER LLC] acting within the course and scope of employment.
5.3.3 Under the doctrine of respondeat superior, Defendant [EMPLOYER LLC] is vicariously liable for the negligence of its employee/agent.

6. DAMAGES

6.1 Plaintiff seeks the following categories of damages, subject to proof at trial:
(a) Past and future medical expenses;
(b) Past and future lost wages and loss of earning capacity;
(c) Property damage and, if supported, loss of use;
(d) Past and future physical pain and suffering;
(e) Past and future emotional distress and mental anguish;
(f) Loss of enjoyment of life;
(g) [IF SUPPORTED BY SPECIFIC FACTS AND LAW: Punitive damages for qualifying conduct;]
(h) Pre‐ and post‐judgment interest as allowed by law;
(i) Costs of suit and such other relief as the Court deems just and proper.

7. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that judgment be entered in favor of Plaintiff and against Defendant(s), with each Defendant severally liable in proportion to that Defendant's percentage of fault pursuant to the Several Liability Act, NMSA 1978, § 41-3A-1 (unless an exception under § 41-3A-1(C) applies, in which case joint and several liability shall attach as provided therein), as follows:
A. For compensatory damages in an amount to be determined by the trier of fact;
B. For punitive damages where legally and factually justified;
C. For recoverable costs under Rule 1-054(D) NMRA;
D. For pre‐ and post‐judgment interest under NMSA 1978, § 56-8-4;
E. For such other and further relief as the Court deems just and proper.

8. JURY DEMAND

Plaintiff demands a trial by jury on all issues so triable as a matter of right under N.M. Const. art. II, § 12 and Rule 1-038 NMRA. Jury requested: ☐ six persons ☐ twelve persons.

9. RESERVATION OF RIGHTS

Plaintiff may seek to amend this Complaint under Rule 1-015 NMRA if additional facts, parties, or claims warrant amendment. Any amendment will follow that rule and any applicable court order.

10. VERIFICATION

I, [PLAINTIFF NAME], being duly sworn, state that I have read the foregoing Complaint and that the facts stated therein are true and correct to the best of my knowledge and belief.

____________________________
[PLAINTIFF NAME], Plaintiff

STATE OF NEW MEXICO )
) ss.
COUNTY OF [COUNTY] )

Subscribed and sworn before me on this ___ day of ______ 20__, by [PLAINTIFF NAME].

____________________________
Notary Public
My Commission Expires: __________

11. REQUEST FOR SUMMONS AND SERVICE

Plaintiff requests that the clerk issue a summons for each Defendant under Rule 1-004(A)(2) NMRA. Plaintiff will arrange service of each summons with this Complaint under Rule 1-004(C)(1) NMRA and file proof of service. If using mail or commercial courier, Plaintiff will obtain a receipt signed by the Defendant or an authorized recipient as Rule 1-004(E)(3) requires.

Defendant(s) and service address(es): [NAME AND ADDRESS FOR EACH DEFENDANT]

ATTORNEY SIGNATURE BLOCK

Respectfully submitted,

__________________________________
[ATTORNEY NAME] (NM Bar # ______)
[LAW FIRM NAME]
[ADDRESS]
Telephone: (____) ______‐______
Email: [EMAIL ADDRESS]
Attorney for Plaintiff