Personal Injury Complaint - Auto Accident

STATE OF WISCONSIN

CIRCUIT COURT – [COUNTY] COUNTY

_______________________________________

[PLAINTIFF NAME],
  Plaintiff,
v.
[DEFENDANT NAME],
  Defendant.

Case No.: [___]
Code No.: 30103 (Personal Injury—Motor Vehicle)
______________________________________________________________________________

COMPLAINT (PERSONAL INJURY – AUTO ACCIDENT)
______________________________________________________________________________

TABLE OF CONTENTS

1. Document Header
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations

5. Cause(s) of Action
   5.1 Negligence
   5.2 Alternative/Additional Counts (optional)

6. Comparative Negligence Allegations

7. Damages
8. Reservation of Rights re Arbitration (optional)
9. Prayer for Relief
10. Jury Demand
11. Conditions Precedent & Compliance Statements
12. Certification under Wis. Stat. § 802.05
13. Signature Block
14. Verification (if required)

1. DOCUMENT HEADER

1.1 Plaintiff [PLAINTIFF NAME] (“Plaintiff”) brings this action against Defendant [DEFENDANT NAME] (“Defendant”) for personal injuries and property damage arising out of a motor-vehicle collision that occurred on [ACCIDENT DATE] at or near [ACCIDENT LOCATION] in [CITY], Wisconsin.
1.2 This Complaint is filed pursuant to Wisconsin’s tort system; Wisconsin is not a “no-fault” automobile jurisdiction.

2. PARTIES

2.1 Plaintiff is an adult resident of [PLAINTIFF COUNTY] County, Wisconsin, residing at [PLAINTIFF ADDRESS].
2.2 Defendant is an adult resident of [DEFENDANT COUNTY] County, Wisconsin, residing at [DEFENDANT ADDRESS].
2.3 At all relevant times Defendant owned, operated, or controlled the motor vehicle bearing VIN [VIN] and license plate [PLATE NO.].

3. JURISDICTION AND VENUE

3.1 This Court has subject-matter jurisdiction over this civil action pursuant to Wis. Stat. § 801.04(1).
3.2 Personal jurisdiction is proper under Wis. Stat. § 801.05(1)(a) because Defendant resides in and/or the cause of action arose within the State of Wisconsin.
3.3 Venue lies in [COUNTY] County under Wis. Stat. § 801.50 because the collision occurred in this county and/or at least one party resides here.

4. FACTUAL ALLEGATIONS

4.1 On [ACCIDENT DATE] at approximately [TIME] a.m./p.m., Plaintiff was lawfully operating a [YEAR/MAKE/MODEL] motor vehicle eastbound on [ROADWAY] near its intersection with [CROSS-STREET].
4.2 Defendant was operating a [YEAR/MAKE/MODEL] motor vehicle [direction of travel].
4.3 Defendant failed to [describe negligent acts: e.g., stop at a red light, yield the right-of-way, maintain proper lookout, obey speed limits], thereby colliding with Plaintiff’s vehicle.
4.4 As a direct and proximate result of Defendant’s conduct, Plaintiff sustained severe bodily injuries including but not limited to [LIST INJURIES], incurred medical expenses, suffered pain and emotional distress, lost wages, and sustained property damage to the vehicle.
4.5 All conditions precedent to the filing of this action have been performed, waived, or excused.

5. CAUSE(S) OF ACTION

5.1 Count I – Negligence

5.1.1 Plaintiff realleges and incorporates by reference ¶¶1–4.5.
5.1.2 Defendant owed Plaintiff a duty of reasonable care in the operation of a motor vehicle.
5.1.3 Defendant breached that duty by the negligent acts and omissions described above.
5.1.4 Defendant’s breach was a substantial factor in causing Plaintiff’s injuries and damages.
5.1.5 Plaintiff is entitled to recover all compensatory damages allowable under Wisconsin law, including past and future medical expenses, past and future pain and suffering, lost wages, loss of earning capacity, property damage, and such other elements as may be proven at trial.

5.2 [Optional Counts]

a. Count II – Negligent Infliction of Emotional Distress
b. Count III – Loss of Consortium (on behalf of [SPOUSE NAME])
c. Count IV – Punitive Damages pursuant to Wis. Stat. § 895.043(3), subject to the cap in Wis. Stat. § 895.043(6).

6. COMPARATIVE NEGLIGENCE ALLEGATIONS

6.1 Plaintiff’s negligence, if any, was less than 51% of the total causal negligence as contemplated by Wis. Stat. § 895.045.
6.2 To the extent Plaintiff is found causally negligent, Plaintiff’s recovery shall be reduced only in the proportion to Plaintiff’s percentage of causal negligence, and Plaintiff shall be barred from recovery only if that percentage equals or exceeds 51%.

7. DAMAGES

7.1 Plaintiff seeks damages in an amount to be determined by the jury, consistent with Wis. Stat. § 802.02(1m) (prohibiting the pleading of a specific ad damnum).
7.2 Plaintiff additionally seeks taxable costs, interest, and disbursements as allowed by law.
7.3 Plaintiff expressly reserves the right to amend this Complaint to conform to the evidence and to seek punitive damages upon a prima facie showing as required by Wis. Stat. § 895.043.

8. RESERVATION OF RIGHTS RE ARBITRATION (Optional)

8.1 Pursuant to the parties’ agreement, statute, or court order, Plaintiff is willing to submit this dispute to binding arbitration under [RULES] provided such submission occurs only upon mutual written consent and does not waive Plaintiff’s constitutional right to a jury trial absent such consent.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff demands judgment against Defendant as follows:
a. For compensatory damages in an amount to be determined at trial;
b. For punitive damages if and as permitted by Wis. Stat. § 895.043;
c. For pre- and post-judgment interest as allowed by law;
d. For Plaintiff’s taxable costs, disbursements, and allowable fees; and
e. For such other and further relief as the Court deems just and equitable.

10. JURY DEMAND

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right pursuant to Article I, Section 5 of the Wisconsin Constitution and Wis. Stat. § 805.01.

11. CONDITIONS PRECEDENT & COMPLIANCE STATEMENTS

11.1 All statutory notice requirements, claim presentation prerequisites, and insurance reporting obligations (if any) have been satisfied or are inapplicable.
11.2 This pleading is filed within the applicable statute of limitations set forth in Wis. Stat. § 893.54 for actions “for an injury to the person.”

12. CERTIFICATION UNDER WIS. STAT. § 802.05

I certify that, to the best of my knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, this Complaint is not being presented for any improper purpose; the claims, defenses, and other legal contentions are warranted by existing law; the factual contentions have evidentiary support; and the denials of factual contentions are warranted on the evidence.

13. SIGNATURE BLOCK

Respectfully submitted this ___ day of [MONTH], [YEAR].

[LAW FIRM NAME]
[Street Address]
[City, State ZIP]
Phone: [(000) 000-0000]
Email: [[email protected]]

By: _________________________________
[ATTORNEY NAME], State Bar No. [___]
Attorney for Plaintiff

14. VERIFICATION (if required)

STATE OF WISCONSIN )
             ) ss.
[COUNTY] COUNTY )

[PLAINTIFF NAME], being first duly sworn, deposes and states that they have read the foregoing Complaint, know the contents thereof, and that the same is true and correct to the best of their knowledge, information, and belief.

_________________________________
[PLAINTIFF NAME]

Subscribed and sworn before me this ___ day of __________, 20__.

_________________________________
Notary Public, State of Wisconsin
My Commission Expires: ___________