Personal Injury Complaint - Auto Accident - Utah

[LAW FIRM LETTERHEAD]
[ATTORNEY NAME] (UT Bar No. [#####])
[Law Firm Name]
[Street Address]
[City], UT [ZIP]
Tel: [Telephone]
Email: [Email]
Attorney for Plaintiff

IN THE [JUDICIAL DISTRICT] COURT OF THE STATE OF UTAH

IN AND FOR [COUNTY] COUNTY

COMPLAINT FOR PERSONAL INJURIES (AUTO ACCIDENT)

Civil No. __________
Judge: _____________

COMPLAINT

(TORT CLAIM—MOTOR VEHICLE)

TABLE OF CONTENTS

1. Parties
2. Jurisdiction and Venue
3. Definitions
4. Factual Allegations
5. No-Fault Threshold Allegations
6. Cause of Action – Negligence
7. Damages
8. Comparative Negligence Allegation
9. Reservation of Rights
10. Prayer for Relief
11. Demand for Jury Trial
12. Verification & Certification
13. Certificate of Service

1. PARTIES

1.1 Plaintiff. [PLAINTIFF FULL LEGAL NAME] (“Plaintiff”) is an individual residing at [Plaintiff Street Address, City, State, ZIP] and was, at all times relevant, a resident of the State of Utah.

1.2 Defendant. Upon information and belief, [DEFENDANT FULL LEGAL NAME] (“Defendant”) is an individual residing at [Defendant Street Address, City, State, ZIP] and was, at all times relevant, a resident of the State of Utah. Defendant owned and/or operated the motor vehicle involved in the collision described below.

2. JURISDICTION AND VENUE

2.1 Subject-Matter Jurisdiction. This Court has subject-matter jurisdiction over this action pursuant to Utah Code Ann. § 78A-5-102 and Rule 3 of the Utah Rules of Civil Procedure because Plaintiff seeks damages for personal injuries exceeding the statutory minimum.

2.2 Personal Jurisdiction. Defendant is subject to personal jurisdiction in Utah because Defendant resides in this state and the acts and omissions giving rise to this action occurred within Utah.

2.3 Venue. Venue is proper in this Court under Utah Code Ann. § 78B-3a-201 because the cause of action arose in [County] County, Utah, and Defendant resides or may be served in this county.

3. DEFINITIONS

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

3.1 “Accident” means the motor-vehicle collision occurring on [Date] at or near [Intersection/Roadway] in [City], Utah.

3.2 “PIP Benefits” means Personal Injury Protection benefits available under Utah’s No-Fault Automobile Insurance Act.

3.3 “Threshold” means the statutory criteria that must be satisfied under Utah’s No-Fault law before a tort action for non-economic damages may be brought.

4. FACTUAL ALLEGATIONS

4.1 On [Date] at approximately [Time] a.m./p.m., Plaintiff was lawfully operating a [Year, Make, Model] motor vehicle, traveling [direction] on [Roadway].

4.2 At the same time and place, Defendant was operating a [Year, Make, Model] vehicle traveling [direction] on [Roadway].

4.3 Defendant, in violation of applicable traffic laws and the duty to exercise reasonable care, [describe negligent act—e.g., “failed to stop at a red light,” “was traveling at an excessive speed,” “was distracted by a handheld device,” etc.].

4.4 Defendant’s vehicle collided with Plaintiff’s vehicle, causing significant property damage and bodily injuries to Plaintiff (the “Accident”).

4.5 Emergency medical personnel transported Plaintiff to [Hospital Name], where Plaintiff was diagnosed with [list primary injuries].

4.6 Plaintiff has incurred medical expenses to date in excess of $3,000 and continues to receive treatment, including [physical therapy, surgeries, medications], all of which are reasonable, necessary, and directly related to the Accident.

4.7 Plaintiff has suffered lost wages of approximately $[Amount] and will continue to experience loss of earning capacity.

4.8 Plaintiff has endured, and continues to endure, significant pain, suffering, emotional distress, and loss of enjoyment of life.

5. NO-FAULT THRESHOLD ALLEGATIONS

5.1 Under Utah Code § 31A-22-309, a person with direct benefit coverage that includes personal injury protection may not maintain a cause of action for general (non-economic) damages arising from a motor-vehicle accident unless the claimant has sustained one or more of the statutory Threshold injuries.

5.2 Plaintiff’s injuries satisfy the Threshold because Plaintiff has sustained one or more of the following, as set forth in Utah Code § 31A-22-309(1)(a):

a. Death;
b. Dismemberment;
c. Permanent disability or permanent impairment based upon objective findings;
d. Permanent disfigurement;
e. A bone fracture; and/or
f. Medical expenses to Plaintiff in excess of $3,000.

5.3 Accordingly, Plaintiff is entitled to pursue Defendant in tort for all categories of damages, including non-economic (general) damages. In the alternative, if Plaintiff’s claim arises under uninsured- or underinsured-motorist coverage, the Threshold does not apply pursuant to Utah Code § 31A-22-309(1)(b).

6. CAUSE OF ACTION – NEGLIGENCE

6.1 Plaintiff realleges and incorporates by reference all preceding paragraphs as though fully set forth herein.

6.2 Duty. Defendant owed Plaintiff a duty to operate Defendant’s vehicle with reasonable care, to obey traffic laws, and to maintain proper control of the vehicle.

6.3 Breach. Defendant breached that duty by, inter alia, [specify breaches—e.g., failing to yield, speeding, following too closely, distracted driving].

6.4 Causation. Defendant’s breaches were the direct and proximate cause of the Accident and of Plaintiff’s injuries and damages.

6.5 Damages. As a direct and proximate result of Defendant’s negligence, Plaintiff has suffered the damages set forth in Section 7 below.

7. DAMAGES

7.1 Special (Economic) Damages. Plaintiff seeks reimbursement for:

a. Past medical expenses: approximately $[Amount];
b. Future medical expenses: to be proven at trial;
c. Past lost wages: approximately $[Amount];
d. Future loss of earning capacity: to be proven at trial;
e. Property damage: approximately $[Amount]; and
f. Other out-of-pocket expenses: to be proven at trial.

7.2 General (Non-Economic) Damages. Plaintiff seeks compensation for physical pain, mental anguish, inconvenience, emotional distress, and loss of enjoyment of life, in an amount to be determined by the trier of fact, subject to any applicable statutory caps.

7.3 Punitive Damages. Plaintiff reserves the right to seek punitive damages if discovery reveals Defendant’s conduct was willful, wanton, malicious, or in reckless disregard of the rights and safety of others, established by clear and convincing evidence as required by Utah Code § 78B-8-201.

8. COMPARATIVE NEGLIGENCE ALLEGATION

8.1 Plaintiff was in no way negligent; however, in the alternative and for avoidance of doubt, Plaintiff alleges that Defendant’s percentage of fault exceeds Plaintiff’s percentage of fault, such that Plaintiff’s fault does not equal or exceed fifty percent (50%), thereby entitling Plaintiff to recovery under Utah Code § 78B-5-818, Utah’s modified comparative-fault scheme.

8.2 Pursuant to Rule 8(c) of the Utah Rules of Civil Procedure, Plaintiff affirmatively pleads comparative-fault principles to preempt any assertion that Plaintiff’s recovery should be barred or reduced.

8.3 Pursuant to Utah Code § 78B-5-820, in the event more than one defendant is found at fault, each defendant’s liability is several only and limited to that defendant’s proportionate share of fault; Utah has abolished joint and several liability except as otherwise provided by statute.

9. RESERVATION OF RIGHTS

9.1 Plaintiff reserves the right to amend this Complaint to assert additional parties, claims, or damages as discovery progresses and as permitted by Rule 15 of the Utah Rules of Civil Procedure.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in Plaintiff’s favor and against Defendant as follows:

A. For general and special damages in amounts to be determined at trial;
B. For punitive damages as allowed by law;
C. For pre-judgment and post-judgment interest as allowed by law;
D. For reasonable attorney fees and costs of suit as allowed by contract or statute;
E. For such other and further relief as the Court deems just and proper.

11. DEMAND FOR JURY TRIAL

Pursuant to Article I, Section 10 of the Utah Constitution and Rule 38 of the Utah Rules of Civil Procedure, Plaintiff hereby demands a trial by jury on all issues so triable.

12. VERIFICATION & CERTIFICATION

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the State of Utah that I am the Plaintiff in the above-entitled action; that I have read the foregoing Complaint; and that the matters stated therein are true and correct to the best of my knowledge, information, and belief.

Executed on ____________________, 20__, at _______________________, Utah.

_________________________________
[PLAINTIFF NAME], Plaintiff

Attorney Certification (Rule 11, Utah R. Civ. P.)
I certify that, to the best of my knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, this pleading is not being presented for any improper purpose, the claims are warranted by existing law or by a nonfrivolous argument for extension of the law, and the factual contentions have evidentiary support.

_________________________________
[ATTORNEY NAME]

13. CERTIFICATE OF SERVICE

The original Complaint, summons, and required initial-process papers must be served on each new Defendant under Utah R. Civ. P. 4, not Rule 5. Complete the Rule 4 proof of service using the actual server, method, date, recipient, and address. Use Rule 5 only for a separate later-paper service on an existing party.

[Name and address of counsel or unrepresented party]

_________________________________
[ATTORNEY NAME]

This template integrates Utah-specific no-fault, comparative-fault, and damages considerations, uses defensive drafting to preserve all viable claims, and is formatted for immediate use by Utah practitioners.