Personal Injury Complaint - Auto Accident - Wisconsin

STATE OF WISCONSIN

CIRCUIT COURT – [COUNTY] COUNTY

Case No.: [___]

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

6. Comparative Negligence Allegations

7. Damages
8. Prayer for Relief
9. Jury Demand
10. Certification under Wis. Stat. § 802.05
11. Signature Block
12. 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.

2. PARTIES

2.1 Plaintiff is an adult resident of [PLAINTIFF COUNTY] County, Wisconsin, residing at [PLAINTIFF ADDRESS].
2.2 Defendant is an adult domiciled in [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.].

2.4 At commencement, [NAME OF CLAIMANT] held a [SUBROGATED / DERIVATIVE / ASSIGNED] claim arising from Plaintiff's injuries and is joined as [ROLE] under Wis. Stat. § 803.03(2)(a). [OR: No person held such a claim at commencement; omit the optional party line above.]

3. JURISDICTION AND VENUE

3.1 This Court has subject-matter jurisdiction over this civil action under Wis. Const. art. VII, § 8. Wis. Stat. § 801.04(1) defines subject-matter jurisdiction as the court's power to hear this kind of action.
3.2 Personal jurisdiction over Defendant is supported by Wis. Stat. § 801.05(1)(b) because Defendant was domiciled in Wisconsin when this action commenced, subject to service under Wis. Stat. § 801.11.
3.3 Venue lies in [COUNTY] County under Wis. Stat. § 801.50(2)[(a) or (c)] because [THE CLAIM AROSE IN THIS COUNTY / DEFENDANT RESIDES OR DOES SUBSTANTIAL BUSINESS 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.

5. CAUSE(S) OF ACTION

5.1 Count I – Negligence

5.1.1 Plaintiff realleges and incorporates by reference the preceding allegations.
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.

5.1.6 Defendant acted [MALICIOUSLY TOWARD PLAINTIFF / IN INTENTIONAL DISREGARD OF PLAINTIFF'S RIGHTS] by [SPECIFIC SUPPORTING FACTS]. Plaintiff seeks punitive damages under Wis. Stat. § 895.043(3), subject to the applicable provisions of § 895.043(6).

6. COMPARATIVE NEGLIGENCE ALLEGATIONS

6.1 Plaintiff's negligence, if any, was not greater than the negligence of each person against whom recovery is sought. Under Wis. Stat. § 895.045(1), Plaintiff's negligence is measured separately against each person found causally negligent.
6.2 To the extent Plaintiff is found causally negligent, allowed damages shall be reduced in proportion to Plaintiff's negligence. Recovery against a person is barred only when Plaintiff's negligence is greater than that person's negligence.

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 If paragraph 5.1.6 is included, Plaintiff seeks punitive damages as allowed by Wis. Stat. § 895.043.

8. 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.

9. 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. Under Wis. Stat. § 805.01(2), make this demand by the first scheduling or pretrial conference, whichever occurs first, and pay the jury fee under § 814.61(4) within the period allowed for the demand; without payment, no jury may be called.

10. 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.

11. 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

12. 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: ___________