[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
[PLAINTIFF FULL LEGAL NAME], )
)
Plaintiff, ) COMPLAINT FOR
) PERSONAL INJURIES
v. ) (AUTO ACCIDENT)
)
[DEFENDANT FULL LEGAL NAME], ) Civil No. _
)
Defendant. ) Judge: ____
)
COMPLAINT
(TORT CLAIM—MOTOR VEHICLE)
[// GUIDANCE: Insert case-filing metadata (Tier designation, discovery level, etc.) as required by local rules.]
TABLE OF CONTENTS
- Parties .................................................................................... 2
- Jurisdiction and Venue ........................................................... 2
- Definitions ........................................................................... 3
- Factual Allegations ............................................................... 3
- No-Fault Threshold Allegations ........................................... 4
- Cause of Action – Negligence .............................................. 5
- Damages ............................................................................ 6
- Comparative Negligence Allegation .................................... 7
- Reservation of Rights ........................................................ 7
- Prayer for Relief ................................................................. 8
- Demand for Jury Trial ......................................................... 8
- Verification & Certification ................................................. 9
- Certificate of Service ........................................................ 10
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.
[// GUIDANCE: For corporate or governmental defendants, replace §1.2 with appropriate organizational allegations and registered-agent information.]
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-3-307 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.
[// GUIDANCE: Definitions are included for clarity and to ensure consistent usage throughout the pleading. Add or delete terms as necessary.]
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 Utah’s No-Fault Automobile Insurance Act generally bars recovery of non-economic damages arising from a motor-vehicle accident unless the claimant meets one or more statutory Threshold criteria.
5.2 Plaintiff’s injuries satisfy the Threshold because:
a. Plaintiff’s reasonable and necessary medical expenses exceed $3,000; and/or
b. Plaintiff has suffered permanent impairment, permanent disability, permanent disfigurement, and/or other qualifying injuries as defined by statute.
5.3 Accordingly, Plaintiff is entitled to pursue Defendant in tort for all categories of damages, including non-economic damages.
[// GUIDANCE: Maintain medical-expense documentation and treating-physician records to substantiate Paragraph 5.2 at disclosure/expert stages.]
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.
[// GUIDANCE: Utah imposes statutory caps on punitive damages; review Utah Code Ann. § 78B-8-201 and plead consistent with its provisions.]
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 is equal to or greater than fifty percent (50%), thereby entitling Plaintiff to full recovery under 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.
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.
[// GUIDANCE: Remove this section only if client knowingly and voluntarily waives the right to jury trial; document any waiver in writing.]
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
I hereby certify that on the ___ day of ____, 20__, I caused a true and correct copy of the foregoing Complaint to be served on the following by [method of service consistent with URCP 5]:
[Name and address of counsel or unrepresented party]
[ATTORNEY NAME]
[// GUIDANCE:
1. Replace all bracketed placeholders before filing.
2. Confirm local rule requirements for tier designation, discovery requests, mediation, and any pre-litigation notice.
3. Attach civil cover sheet and summons when submitting to the clerk.
4. Review PIP setoff issues, subrogation rights of the Plaintiff’s insurer, and applicable liens (e.g., Medicare, Medicaid, ERISA plans).
5. Verify service rules for out-of-state defendants, governmental entities, or minors.
6. Reexamine punitive-damage prayer once Defendant’s conduct is better understood; consider separate motion to amend under Utah Code Ann. § 78B-8-201(1)(a).]
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.