Personal Injury Complaint - Auto Accident - Virginia

IN THE CIRCUIT COURT FOR THE ☐ CITY / ☐ COUNTY OF [___], COMMONWEALTH OF VIRGINIA

COMPLAINT FOR PERSONAL INJURY

(Motor Vehicle Collision – Tort)

Plaintiff, by counsel, states as follows:

I. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [FULL LEGAL NAME] (“Plaintiff”) is a natural person, sui juris, and a resident of the Commonwealth of Virginia, residing at [Plaintiff Address].

2. 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.

3. 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.

4. This Circuit Court has original and general civil jurisdiction under Va. Code Ann. § 17.1-513. Plaintiff seeks more than $4,500, so Va. Code Ann. § 16.1-77(1) does not place the action within the exclusive original jurisdiction of the General District Court. If the claim does not exceed $50,000, the two courts have concurrent jurisdiction and counsel must confirm that Circuit Court is the selected forum.

5. 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

6. 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.

7. 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.

8. 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.].

9. Defendant Driver’s vehicle violently collided with Plaintiff’s vehicle, causing substantial property damage and inflicting severe bodily injuries upon Plaintiff.

10. 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.

11. 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)

12. Plaintiff realleges and incorporates by reference Paragraphs 1–11 as if fully set forth herein.

13. Defendants owed Plaintiff a duty of reasonable care to operate and maintain the subject vehicle in accordance with Virginia statutory and common law.

14. Defendants breached that duty through the negligent acts and/or omissions set forth above.

15. Defendants’ breaches were the direct and proximate cause of Plaintiff’s injuries and resulting damages.

16. By reason of the foregoing, Plaintiff demands judgment against Defendants, jointly and severally, in the total sum of $[TOTAL AD DAMNUM AMOUNT] (compensatory plus any punitive demand), 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.

17. Plaintiff denies contributory negligence. If supported by the facts, Plaintiff also alleges that Defendant had the last clear chance to avoid the collision and that Defendant's conduct was willful or wanton. Gross negligence alone does not defeat a contributory-negligence defense.

IV. COUNT II – GROSS NEGLIGENCE / WILLFUL & WANTON CONDUCT

(If Supported by Facts) [OPTIONAL]

18. Plaintiff realleges Paragraphs 1–11 as if set forth herein.

19. Defendants’ conduct [describe specific facts showing gross negligence and, if punitive damages are sought, willful or wanton conduct with conscious disregard of another's rights or reckless indifference to likely injury]: [________________________________].

20. If the facts pleaded above establish willful or wanton conduct, Plaintiff requests punitive damages in the total amount of $[PUNITIVE AD DAMNUM AMOUNT] against all Defendants, subject to proof and the $350,000 cap in Va. Code Ann. § 8.01-38.1. Gross negligence alone is not the basis for this request.

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 $ [PUNITIVE AD DAMNUM AMOUNT — NOT MORE THAN $350,000]

VI. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court:

a. Enter judgment in Plaintiff’s favor and against Defendants in the total sum of $[TOTAL AD DAMNUM AMOUNT], including no more than $[PUNITIVE AD DAMNUM AMOUNT] in punitive damages if Count II is pleaded;

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. AMENDMENT BY LEAVE OF COURT

Plaintiff may seek leave of court under Rule 1:8 to amend this Complaint,
including to increase the ad damnum, add parties, or assert additional
claims as discovery progresses and justice requires.

Respectfully submitted,

[PLAINTIFF NAME]

By counsel:

_________________________________
[ATTORNEY NAME] (VSB No. _______)
[Firm Name]
[Address]
[Telephone]
[Email]
Counsel for Plaintiff

SERVICE OF ORIGINAL PROCESS

After filing, obtain a summons issued by the clerk for each Defendant who has not appeared or waived process. The clerk attaches the summons to a copy of this Complaint for service under Rule 3:5(b). Arrange service on each Defendant by a method authorized for that Defendant; Va. Code § 8.01-296 addresses natural persons. File proof of service under Rule 3:6. Rule 3:5(e) restricts entry of judgment when service occurs more than one year after the action began unless the court finds that Plaintiff exercised due diligence to serve that Defendant. Record the service date, recipient, method, and server for the proof of service. Later-paper service on opposing counsel is not original service of process.

Circuit Court filing: Complete and file the current official Form CC-1416 with this Complaint. Follow the court instructions for the filing party’s portion.