Personal Injury Complaint - Auto Accident - Washington

SUPERIOR COURT OF WASHINGTON FOR [COUNTY] COUNTY

TABLE OF CONTENTS

1. Parties
2. Jurisdiction and Venue
3. Factual Allegations

4. Cause(s) of Action
   4.1 Negligence
   4.2 Negligence Per Se (Optional)

5. Damages

6. Comparative Fault Allegations
7. Prayer for Relief
8. Demand for Jury Trial
9. Election/Rejection of Mandatory Arbitration
10. Reservation of Rights
11. CR 11 Attorney Certification
12. Verification (Optional)

1. PARTIES

1.1 Plaintiff [Plaintiff Name] (“Plaintiff”) is an individual resident of [County] County, Washington, and was so at all times material.

1.2 Defendant [Defendant Name] (“Defendant”) is [an individual resident of / a corporate entity organized under the laws of] the State of [State], doing business and/or operating a motor vehicle in [County] County, Washington at all times material.

2. JURISDICTION AND VENUE

2.1 This Court has subject-matter jurisdiction pursuant to RCW 2.08.010.

2.2 Venue is proper under RCW 4.12.020(3) because [the cause arose in [County] County / an individual Defendant resides here]. For a corporation Defendant, state the applicable RCW 4.12.025 residence or tort-county facts: [________________].

2.3 The amount in controversy exceeds statutory limits for district court jurisdiction and, except as provided in Section 9 below, is anticipated to exceed $100,000.

3. FACTUAL ALLEGATIONS

3.1 On [date], at approximately [time], Plaintiff was lawfully operating a [year/make/model] in an easterly direction on [roadway/highway] near [nearest intersection/landmark] in [City], Washington.

3.2 At that same time, Defendant was operating a [year/make/model] in a [northbound/etc.] direction on the same roadway.

3.3 Defendant negligently [describe act(s) of negligence—e.g., failed to yield, exceeded the posted speed limit, followed too closely], causing Defendant’s vehicle to collide with Plaintiff’s vehicle (“Collision”).

3.4 As a direct and proximate result of the Collision, Plaintiff sustained bodily injuries, property damage, economic losses, and noneconomic damages more fully set forth below.

4. CAUSE(S) OF ACTION

4.1 Negligence

4.1.1 Defendant owed Plaintiff a duty to operate a motor vehicle with reasonable care.

4.1.2 Defendant breached that duty by the negligent acts and omissions described above.

4.1.3 Defendant’s breach was the actual and proximate cause of Plaintiff’s injuries and damages.

4.2 Negligence Per Se (Optional)

4.2.1 At all material times, Defendant was subject to and bound by the Washington Rules of the Road, including but not limited to [cite specific traffic statute/regulation—e.g., RCW 46.61.400 (Basic Rule and Maximum Limits)].

4.2.2 Defendant’s violation(s) of the foregoing statute(s) constitute negligence per se, and such violation(s) proximately caused Plaintiff’s damages.

5. DAMAGES

5.1 Past and future medical expenses in an amount to be proven at trial.
5.2 Past and future wage loss and loss of earning capacity.
5.3 Past and future noneconomic damages, including pain, suffering, disability, and loss of enjoyment of life. Washington imposes no statutory cap on noneconomic damages for personal injury claims against private defendants (see Sofie v. Fibreboard Corp.).
5.4 Property damage to Plaintiff’s vehicle and personal property.
5.5 Out-of-pocket expenses, including but not limited to transportation and medication costs.
5.6 Interest on any judgment as provided by RCW 4.56.110 (and pre-judgment interest on liquidated sums where allowed by law).
5.7 Costs and disbursements as allowed by law; attorney fees where recoverable under contract, statute, or common-law exception.

6. COMPARATIVE FAULT ALLEGATIONS

6.1 Plaintiff’s recovery, if any, shall be reduced only by Plaintiff’s proportionate share of fault, if any, pursuant to Washington’s pure comparative fault system, RCW 4.22.005.

7. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests judgment against Defendant as follows:
A. General and special damages in an amount to be proven at trial;
B. Pre- and post-judgment interest as permitted by law;
C. Statutory costs and, where applicable, reasonable attorney fees;
D. Such other and further relief as the Court deems just and equitable.

8. DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury on all issues so triable as a matter of right under Article I, Section 21 of the Washington Constitution and CR 38.

9. ELECTION / REJECTION OF MANDATORY ARBITRATION

[SELECT ONE—DELETE THE OTHER BEFORE FILING]

9.1 Election: Plaintiff believes the amount of damages will not exceed the mandatory arbitration limit established by MAR 1.2 (currently $100,000, exclusive of attorney fees, costs, and interest) and hereby transfers this matter to arbitration pursuant to local MAR rules.

--OR--

9.1 Rejection: Plaintiff believes the amount in controversy exceeds $100,000 and therefore objects to mandatory arbitration under MAR 1.2.

10. RESERVATION OF RIGHTS

10.1 Plaintiff reserves the right to amend this Complaint to add additional parties, causes of action, and damages as discovery proceeds and new information becomes available, consistent with CR 15.

11. CR 11 ATTORNEY CERTIFICATION

Pursuant to CR 11, the undersigned certifies that the foregoing Complaint is well-grounded in fact and 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.

12. VERIFICATION (OPTIONAL)

I, [Plaintiff Name], being first duly sworn on oath, depose and say that I am the Plaintiff in the above-entitled action, have read the foregoing Complaint, know the contents thereof, and believe the same to be true to the best of my knowledge, information, and belief.

______________________________
[PLAINTIFF NAME]

SUBSCRIBED AND SWORN to before me this ___ day of __________, 20___.

______________________________
Notary Public in and for the
State of Washington, residing at __________
My commission expires: __________

SIGNATURE BLOCK

DATED this ___ day of __________, 20__.

Respectfully submitted,

[LAW FIRM NAME]
By: ___________________________
[ATTORNEY NAME], WSBA No. _____
Attorneys for Plaintiff
[Street Address]
[City, State ZIP]
Telephone: [___-___-____]
Email: [___]

ADDITIONAL FILING REQUIREMENTS (NOT PART OF PLEADING)

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