IN THE [_] CIRCUIT COURT FOR THE
COMMONWEALTH OF VIRGINIA
[___] COUNTY/CITY
[PLAINTIFF NAME], )
)
Plaintiff, )
)
v. ) Civil Action No. ____
)
[DEFENDANT DRIVER NAME], )
Serve: [Service Address] )
)
—and— )
)
[DEFENDANT OWNER/EMPLOYER NAME], )
Serve: [Service Address] )
)
Defendants. )
)
COMPLAINT FOR PERSONAL INJURY
(Motor Vehicle Collision – Tort)
Plaintiff, by counsel, states as follows:
[// GUIDANCE: Insert a concise “Preliminary Statement” here if desired—for example,
an overview of the collision, injuries, and requested relief.]
I. PARTIES, JURISDICTION, AND VENUE
-
Plaintiff [FULL LEGAL NAME] (“Plaintiff”) is a natural person, sui juris,
and a resident of the Commonwealth of Virginia, residing at
[Plaintiff Address]. -
Defendant [DRIVER NAME] (“Defendant Driver”) is a natural person,
sui juris, and upon information and belief is a resident of
[Defendant Address]. Defendant Driver may be served with process
at the address stated in the caption or wherever found. -
Defendant [OWNER/EMPLOYER NAME] (“Defendant Owner”) is a
[corporation/LLC/partnership] organized under the laws of
[State of Formation] with its principal place of business at
[Principal Office Address], and at all relevant times owned, maintained,
and/or controlled the motor vehicle operated by Defendant Driver. -
The amount in controversy exceeds the jurisdictional minimum of this
Court, exclusive of interest and costs. [// GUIDANCE: If filing in
General District Court, revise ¶4 accordingly.] -
Venue is proper in this Court under Va. Code Ann. § 8.01-262 because
(i) the cause of action arose in this City/County and/or
(ii) one or more Defendants reside or have their principal place of
business herein.
II. FACTUAL ALLEGATIONS
-
On [DATE] at approximately [TIME], Plaintiff was operating
a [make/model/year] motor vehicle in a lawful and prudent manner
traveling [direction] on [Road/Highway], in [City/County], Virginia. -
At the same time and place, Defendant Driver was operating a
[make/model/year] motor vehicle owned, leased, entrusted, and/or
maintained by Defendant Owner. -
Defendant Driver, while acting within the scope of his/her
employment and/or agency with Defendant Owner, negligently
[describe negligent acts—e.g., failed to keep a proper lookout,
followed too closely, disregarded a traffic signal, exceeded the
posted speed limit, operated the vehicle while distracted, etc.]. -
Defendant Driver’s vehicle violently collided with Plaintiff’s
vehicle, causing substantial property damage and inflicting severe
bodily injuries upon Plaintiff. -
As a direct and proximate result of Defendants’ negligence,
Plaintiff sustained serious, painful, and permanent bodily injuries,
including but not limited to [list specific injuries], has incurred
and will continue to incur medical expenses, has suffered lost wages
and diminished future earning capacity, and has experienced past and
future pain, suffering, mental anguish, and inconvenience. -
Upon information and belief, Defendants had actual or constructive
notice of the defective and dangerous conditions created by their
conduct yet failed to remedy or warn of such conditions.
III. COUNT I – NEGLIGENCE
(Against All Defendants)
-
Plaintiff realleges and incorporates by reference Paragraphs 1–11 as
if fully set forth herein. -
Defendants owed Plaintiff a duty of reasonable care to operate and
maintain the subject vehicle in accordance with Virginia statutory
and common law. -
Defendants breached that duty through the negligent acts and/or
omissions set forth above. -
Defendants’ breaches were the direct and proximate cause
of Plaintiff’s injuries and resulting damages. -
By reason of the foregoing, Plaintiff demands judgment against
Defendants, jointly and severally, in the sum of
[AD DAMNUM AMOUNT] dollars, together with pre-judgment interest from
[DATE], post-judgment interest as allowed by law, costs incurred,
and such other and further relief as the Court deems just.
[// GUIDANCE: Virginia follows pure contributory negligence. Consider
including ¶17 below to plead defensively against that doctrine.]
- Plaintiff expressly denies any negligence on his/her own part;
nonetheless, should contributory negligence be alleged,
Plaintiff pleads the doctrines of last clear chance and
Defendant’s gross negligence as complete bars to such defense.
IV. COUNT II – GROSS NEGLIGENCE / WILLFUL & WANTON CONDUCT
(If Supported by Facts) [OPTIONAL]
-
Plaintiff realleges Paragraphs 1–11 as if set forth herein.
-
Defendants’ conduct constituted an utter disregard of prudence
amounting to complete neglect of the safety of others,
thereby constituting gross negligence and/or willful and wanton
conduct under Virginia law. -
As a direct and proximate result, Plaintiff suffered the injuries
and damages described above and is entitled to an award of punitive
damages in an amount to be proven at trial, not to exceed the
statutory cap established by Va. Code Ann. § 8.01-38.1.
V. DAMAGES
A. Special Damages
1. Past medical expenses: $ [_]
2. Future medical expenses: $ []
3. Past lost wages: $ [_]
4. Future lost earning capacity: $ []
B. General Damages
5. Pain and suffering (past/future) $ [_]
6. Mental anguish & inconvenience $ [_]
C. Punitive Damages (if Count II pleaded)
7. Punitive damages $ [≤ $350,000]
VI. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court:
a. Enter judgment in Plaintiff’s favor and against Defendants, jointly
and severally, in the amounts set forth herein;
b. Award pre-judgment and post-judgment interest as allowed by law;
c. Award costs incurred herein pursuant to Va. Code Ann. § 17.1-601;
d. Empanel a jury to hear and decide all issues so triable;
e. Grant such other and further relief as the Court deems just and
proper.
VII. DEMAND FOR JURY TRIAL
Plaintiff hereby demands a trial by jury on all issues so triable
pursuant to article I, section 11 of the Constitution of Virginia
and Rule 3:21 of the Rules of the Supreme Court of Virginia.
VIII. RESERVATION OF RIGHT TO AMEND
Plaintiff reserves the right to amend this Complaint, including
increasing the ad damnum, adding additional parties, and asserting
additional claims as discovery progresses and justice so requires.
Respectfully submitted,
[PLAINTIFF NAME]
By counsel:
[ATTORNEY NAME] (VSB No. _)
[Firm Name]
[Address]
[Telephone]
[Email]
Counsel for Plaintiff
CERTIFICATE PURSUANT TO RULE 1:4(I)
I hereby certify that, to the best of my knowledge, information,
and belief formed after reasonable inquiry, this pleading is
well grounded in fact and is warranted by existing law or a good-faith
argument for the extension, modification, or reversal of existing law,
and is not interposed for any improper purpose.
[Attorney Name]
CERTIFICATE OF SERVICE
I hereby certify that on this ___ day of _, 20, a true
copy of the foregoing was served [by hand / via U.S. Mail, postage
prepaid / via email / via the Court’s electronic filing system] upon:
[Opposing Counsel Name]
[Firm Name]
[Address]
Counsel for Defendants
[Attorney Name]
[// GUIDANCE:
1. Replace bracketed placeholders with client-specific data.
2. Add or delete defendants (e.g., corporate employer, vehicle owner, insurer) as facts warrant.
3. Verify venue, service addresses, and jurisdictional dollar thresholds—currently $25,000 for General District Court; unlimited for Circuit Court.
4. If comparative fault principles from another jurisdiction might be implicated (e.g., multi-state collision), analyze choice-of-law issues—Virginia’s contributory negligence rule may be outcome-determinative.
5. For uninsured/underinsured motorist claims, attach the UM/UIM carrier as a nominal defendant under Va. Code Ann. § 38.2-2206.
6. Confirm compliance with any pre-suit mediation or arbitration provisions in applicable insurance policies.
7. Consider early Rule 4:10 requests for production of the defendants’ cell-phone records and ECM (“black box”) data to establish negligence.
]