Personal Injury Complaint - Auto Accident - Oregon

PERSONAL INJURY COMPLAINT – AUTO ACCIDENT

STATE OF OREGON CIRCUIT COURT

I. DOCUMENT HEADER

Caption

IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF [COUNTY]

Effective Date of Filing: [DATE]
Governing Law: Oregon tort law (see, e.g., ORS ch. 31)
Forum: Oregon state court – Circuit Court, County of [COUNTY]

TABLE OF CONTENTS

1. Definitions
2. Jurisdiction & Venue
3. Parties
4. Factual Allegations
5. First Claim for Relief – Negligence
6. Comparative Negligence Allegations
7. Damages
8. Prayer for Relief
9. Demand for Jury Trial
10. Reservation of Rights & Other Matters
11. Verification & Signature Block

II. DEFINITIONS

For purposes of this Complaint, the following capitalized terms have the meanings set forth below.

1. “Accident” means the motor vehicle collision that occurred on [DATE] at or near [LOCATION], Oregon.
2. “Defendant Vehicle” means the [YEAR/MAKE/MODEL] operated by Defendant at the time of the Accident.
3. “ORS” refers to the Oregon Revised Statutes, current through the most recent legislative session.
4. “Plaintiff’s Damages” means all economic and noneconomic losses suffered by Plaintiff as a proximate result of the Accident, including without limitation medical expenses, lost wages, loss of earning capacity, property damage, pain, suffering, and emotional distress.

III. JURISDICTION & VENUE

3.1 This Court has subject-matter jurisdiction pursuant to Oregon Constitution, Article VII (Original), § 9 (general jurisdiction of circuit courts, preserved by Article VII (Amended), § 2), and ORS 14.030.

3.2 Venue is proper in [COUNTY] County under ORS 14.080 because the causes of action arose in this county and/or Defendant resides in this county.

IV. PARTIES

4.1 Plaintiff. Plaintiff [PLAINTIFF NAME] is a resident of [COUNTY], Oregon.

4.2 Defendant. Defendant [DEFENDANT NAME] is a resident of [COUNTY], Oregon, and at all relevant times was the owner and operator of the Defendant Vehicle.

V. FACTUAL ALLEGATIONS

5.1 On [DATE] at approximately [TIME], Plaintiff lawfully operated a [PLAINTIFF VEHICLE DESCRIPTION] traveling [DIRECTION] on [ROADWAY].

5.2 At the same time and place, Defendant operated the Defendant Vehicle [DIRECTION / ACTION—e.g., “northbound and failed to stop at a red traffic signal”].

5.3 Defendant owed Plaintiff a duty to operate the vehicle with reasonable care, obey traffic laws, maintain proper lookout, and control speed.

5.4 Defendant breached these duties by, among other things:
a. Failing to maintain a proper lookout;
b. Operating the vehicle at an unreasonable speed;
c. Violating ORS 811.260 (obedience to traffic control devices); and
d. Any additional particulars discovered through litigation.

5.5 Defendant’s breach was the direct and proximate cause of the Accident and of Plaintiff’s Damages.

5.6 As a direct result of the Accident, Plaintiff sustained severe personal injuries including but not limited to [LIST INJURIES], incurred medical expenses in excess of $[AMOUNT] to date, and will continue to incur such expenses in the future.

5.7 Plaintiff timely complied with insurance notice requirements and has applied for Personal Injury Protection (“PIP”) benefits under ORS 742.520 et seq. Any PIP benefits received will be accounted for as required by Oregon law.

VI. FIRST CLAIM FOR RELIEF – NEGLIGENCE

6.1 Plaintiff re-alleges paragraphs 5.1 through 5.7 as if fully set forth herein.

6.2 By the acts and omissions described above, Defendant was negligent.

6.3 Defendant’s negligence caused Plaintiff to suffer the Damages described in Section VII below.

VII. COMPARATIVE NEGLIGENCE ALLEGATIONS

7.1 Pursuant to ORS 31.600 (modified comparative negligence), Plaintiff’s recovery, if any comparative negligence is alleged, should be reduced only by the percentage of fault, if any, attributable to Plaintiff, provided such fault is less than 51 percent.

7.2 Plaintiff expressly denies any negligence on his/her part; however, to the extent the trier of fact assigns any portion of fault to Plaintiff, such fault shall not bar recovery unless it equals or exceeds 51 percent.

VIII. DAMAGES

8.1 Economic Damages (ORS 31.705): presently estimated at $[AMOUNT], including past and future medical expenses, lost wages, loss of earning capacity, and property damage, subject to proof at trial.

8.2 Noneconomic Damages (ORS 31.705): presently estimated at $[AMOUNT] for pain, suffering, emotional distress, and loss of enjoyment of life, subject to proof at trial. ORS 31.710's statutory cap on noneconomic damages applies only to wrongful-death claims; the Oregon Supreme Court held in Busch v. McInnis Waste Systems, Inc., 366 Or 628 (2020), that applying that cap to ordinary personal-injury claims violates the remedy clause of Article I, section 10 of the Oregon Constitution, and the legislature subsequently narrowed ORS 31.710 to wrongful-death claims only. Oregon therefore imposes no statutory cap on noneconomic damages for this motor-vehicle personal-injury claim; Plaintiff reserves the right to seek the full amount determined by the jury.

8.3 Pre- and post-judgment interest at the statutory rate.

8.4 Costs, disbursements, and attorney fees as allowed by law or contract, including ORCP 68 and any applicable statutory fee-shifting provisions.

IX. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendant as follows:

A. Economic damages in the amount of $[AMOUNT] or such other amount as may be proven at trial;
B. Noneconomic damages in the amount of $[AMOUNT] or such other amount as may be proven at trial;
C. Pre-judgment and post-judgment interest as permitted by law;
D. Costs and disbursements herein; and
E. Such other and further relief as the Court deems just and proper.

X. DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury on all issues so triable as a matter of right under the Oregon Constitution and ORCP 56.

XI. RESERVATION OF RIGHTS & OTHER MATTERS

11.1 Plaintiff reserves the right to amend this Complaint to add additional parties, claims, or damages consistent with ORCP 23 as discovery progresses.

11.2 Arbitration. If all parties subsequently agree in writing, the dispute may be submitted to binding arbitration pursuant to ORS 36.600 et seq.; otherwise, Plaintiff elects jury trial.

11.3 Injunctive Relief. Plaintiff does not presently seek injunctive relief but reserves the right to do so if warranted by future developments.

XII. VERIFICATION & SIGNATURE BLOCK

Respectfully submitted,

DATED: [DATE]

________________________________________
[ATTORNEY NAME] (OSB No. ________)
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
ATTORNEY FOR PLAINTIFF