Personal Injury Complaint - Auto Accident

STATE OF RHODE ISLAND

[COURT NAME] COURT

[COUNTY] COUNTY

[PLAINTIFF FULL LEGAL NAME],
  Plaintiff,

v.

[DEFENDANT FULL LEGAL NAME],
  Defendant.

Civil Action No.: [___]

COMPLAINT FOR PERSONAL INJURIES (AUTO ACCIDENT)
AND DEMAND FOR JURY TRIAL

TABLE OF CONTENTS

1. Preliminary Statement ................................................................. 2
2. Parties ................................................................................. 2
3. Jurisdiction and Venue ............................................................. 3
4. Factual Allegations ................................................................ 3
5. Count I – Negligence ............................................................... 4
6. Comparative Negligence Allegations ........................................ 5
7. Damages ............................................................................... 5
8. Reservation of Rights / Optional Arbitration ............................. 6
9. Jury Demand ........................................................................ 6
10. Prayer for Relief .................................................................. 6
11. Conditions Precedent ............................................................ 7
12. Certification of Service ......................................................... 7

(Page numbers are for counsel’s convenience and should be updated prior to filing.)

1. PRELIMINARY STATEMENT

1.1 Plaintiff brings this action to recover damages for personal injuries, property damage, pain and suffering, and other losses sustained as a direct and proximate result of Defendant’s negligent operation of a motor vehicle on [DATE OF ACCIDENT] in [CITY/TOWN], Rhode Island.
1.2 Rhode Island is a tort jurisdiction for motor-vehicle collisions; no statutory “no-fault” scheme displaces Plaintiff’s common-law negligence claim.
1.3 Pursuant to R.I. Gen. Laws § 9-20-4, any recovery shall be diminished only by the percentage of negligence, if any, attributable to Plaintiff.

2. PARTIES

2.1 Plaintiff [PLAINTIFF FULL LEGAL NAME] (“Plaintiff”) is an individual residing at [PLAINTIFF ADDRESS], [CITY/TOWN], Rhode Island.
2.2 Defendant [DEFENDANT FULL LEGAL NAME] (“Defendant”) is [an individual / a corporation organized under the laws of _____] with a principal place of residence/business at [DEFENDANT ADDRESS], [CITY/TOWN], [STATE].
2.3 At all relevant times, Defendant owned and/or operated the motor vehicle involved in the collision described herein.

3. JURISDICTION AND VENUE

3.1 This Court has subject-matter jurisdiction under R.I. Gen. Laws § 8-2-14 because the amount in controversy exceeds [$_____] exclusive of interest and costs.
3.2 Personal jurisdiction is proper because Defendant resides in, does business in, and/or committed the tortious acts within the State of Rhode Island.
3.3 Venue lies in this County pursuant to R.I. Gen. Laws § 9-4-3, in that the cause of action arose here and/or Defendant resides or may be served here.

4. FACTUAL ALLEGATIONS

4.1 On [DATE OF ACCIDENT] at approximately [TIME], Plaintiff was lawfully operating a [YEAR/MAKE/MODEL] motor vehicle traveling [DIRECTION] on [STREET/ROUTE], near its intersection with [CROSS-STREET] in [CITY/TOWN], Rhode Island.
4.2 At the same time and place, Defendant was operating a [YEAR/MAKE/MODEL] motor vehicle traveling [DIRECTION].
4.3 Defendant, among other negligent acts and omissions,
  a. failed to keep a proper lookout;
  b. failed to maintain proper control of the vehicle;
  c. operated the vehicle at an unreasonable and excessive speed; and/or
  d. violated applicable traffic laws and regulations, including [cite specific statute or ordinance if known].
4.4 As a direct result of Defendant’s negligence, Defendant’s vehicle collided with Plaintiff’s vehicle, causing Plaintiff to suffer serious bodily injuries and other damages as set forth herein.
4.5 Plaintiff promptly sought medical evaluation and has undergone, and continues to require, medical treatment including but not limited to [LIST TREATMENTS].

5. COUNT I – NEGLIGENCE

5.1 Plaintiff realleges and incorporates by reference Paragraphs 1.1 through 4.5 as though fully set forth herein.
5.2 Defendant owed Plaintiff a duty to operate the motor vehicle with reasonable care under the circumstances.
5.3 Defendant breached that duty by engaging in the negligent conduct described above.
5.4 Defendant’s breach was the direct and proximate cause of the collision and of Plaintiff’s resulting injuries and damages.
5.5 Plaintiff has incurred and will continue to incur medical expenses, lost wages, loss of earning capacity, property damage, pain and suffering, mental anguish, loss of enjoyment of life, and other compensable losses.

6. COMPARATIVE NEGLIGENCE ALLEGATIONS

6.1 Pursuant to R.I. Gen. Laws § 9-20-4, Plaintiff’s recovery shall be reduced, but not barred, by any percentage of negligence found attributable to Plaintiff.
6.2 Plaintiff denies any negligence; however, in the alternative, if Plaintiff is found comparatively negligent, such negligence is less than or equal to Defendant’s negligence and does not preclude recovery.

7. DAMAGES

7.1 Economic Damages: past and future medical expenses, rehabilitation costs, lost wages, and loss of earning capacity currently estimated at [$________] and continuing.
7.2 Non-Economic Damages: past and future pain and suffering, emotional distress, mental anguish, inconvenience, and loss of enjoyment of life in an amount to be determined by the trier of fact.
7.3 Property Damage: repair or replacement cost of Plaintiff’s vehicle and personal property in the amount of [$________].
7.4 Pre-Judgment Interest: Plaintiff seeks interest as provided by R.I. Gen. Laws § 9-21-10.
7.5 Punitive Damages: Plaintiff does not presently claim punitive damages, reserving the right to amend should evidence of willful or wanton misconduct emerge.
7.6 No Statutory Caps: Plaintiff’s claimed damages are not subject to any Rhode Island statutory damage caps applicable to this action.

8. RESERVATION OF RIGHTS / OPTIONAL ARBITRATION

8.1 Plaintiff reserves the right to consent to or compel arbitration pursuant to any applicable insurance contract or statutory mechanism (e.g., uninsured/under-insured motorist arbitration) if subsequently deemed advantageous.

9. JURY DEMAND

9.1 Plaintiff demands a trial by jury on all issues so triable as a matter of right pursuant to R.I. Const. art. I, § 15 and R.I. R. Civ. P. 38.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in favor of Plaintiff and against Defendant as follows:
a. Compensatory damages in an amount to be proven at trial;
b. Pre-judgment and post-judgment interest as allowed by law;
c. Costs of suit, including reasonable attorneys’ fees where recoverable;
d. Such further and additional relief as the Court deems just and proper.

11. CONDITIONS PRECEDENT

11.1 All conditions precedent to the filing of this action have been performed, have occurred, or have been waived.

12. CERTIFICATION OF SERVICE

I hereby certify that on this ___ day of __________ 20__, a true and correct copy of the foregoing Complaint was served upon all counsel/parties of record via [method(s) of service] in compliance with R.I. R. Civ. P. 5.

Respectfully submitted,

__________________________________
[ATTORNEY NAME], Esq. (#________)
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Plaintiff

Date: ___________________