Personal Injury Complaint - Auto Accident - West Virginia

PERSONAL INJURY – AUTO ACCIDENT

FORM COMPLAINT

Jurisdiction: West Virginia State Courts

TABLE OF CONTENTS

1. Caption

2. Complaint
   2.1 Preliminary Statement / Nature of Action
   2.2 Jurisdiction and Venue
   2.3 Parties
   2.4 Facts Common to All Counts
   2.5 Counts
   Count I — Negligence
   Count II — Negligence Per Se (optional)
   Count III — Negligent Entrustment / Respondeat Superior (optional)
   2.6 Damages
   2.7 Comparative Fault Statement
   2.8 Prayer for Relief
   2.9 Jury Demand
   2.10 Request for Service

3. Signature

1. CAPTION

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, WEST VIRGINIA

COMPLAINT

2. COMPLAINT

2.1 Preliminary Statement / Nature of Action

1. Plaintiff [PLAINTIFF NAME] (“Plaintiff”) brings this civil action arising from a motor-vehicle collision that occurred on [DATE OF ACCIDENT] in [LOCATION], West Virginia.
2. Plaintiff seeks monetary relief for personal injuries and property damage proximately caused by Defendants’ negligent and unlawful conduct.

2.2 Jurisdiction and Venue

3. This matter-at-law claim invokes Circuit Court jurisdiction under W. Va. Code § 51-2-2(b). The amount in controversy, excluding interest, exceeds $7,500. The county where the acts occurred is addressed separately under the applicable venue statute and does not itself satisfy § 51-2-2.
4. Venue is proper in this County under W. Va. Code § 56-1-1 [SELECT SUBSECTION] because [FACTS SATISFYING THAT ROUTE]. Use “does business” only within subsection (a)(2)'s corporate-entity conditions, and complete subsection (c)'s plaintiff-by-plaintiff screening.

2.3 Parties

5. Plaintiff is an adult resident of [PLAINTIFF COUNTY], West Virginia, residing at [ADDRESS].
6. Defendant [DEFENDANT DRIVER NAME] (“Driver Defendant”) is an adult resident of [DRIVER COUNTY] with a principal residence at [ADDRESS].
7. Defendant [DEFENDANT OWNER / EMPLOYER NAME] (“Owner/Employer Defendant”) is a [corporation / LLC / individual] with its principal place of business at [ADDRESS]. At all relevant times, Owner/Employer Defendant owned, leased, and/or had legal control of the vehicle operated by Driver Defendant.

2.4 Facts Common to All Counts

8. On [DATE], at approximately [TIME], Driver Defendant operated a [YEAR/MAKE/MODEL] bearing VIN [VIN] and license plate [PLATE] in [DIRECTION] on [ROADWAY] near [LANDMARK].
9. Driver Defendant failed to [describe act/omission — e.g., maintain lane, obey traffic signal, yield right-of-way], in violation of West Virginia traffic laws.
10. As a direct and proximate result, Driver Defendant collided with Plaintiff’s vehicle, a [YEAR/MAKE/MODEL] travelling [DIRECTION].
11. Plaintiff suffered serious bodily injury, including but not limited to [LIST INJURIES], incurred medical expenses, lost wages, property damage, pain, suffering, emotional distress, and loss of enjoyment of life.
12. At all material times, Driver Defendant was acting within the scope of employment and/or agency for Owner/Employer Defendant, who had the right to control Driver Defendant’s operation of the vehicle.

2.5 Counts

COUNT I — NEGLIGENCE (Against Driver Defendant)

13. Plaintiff incorporates ¶¶1-12 as if fully set forth herein.
14. Driver Defendant owed Plaintiff a duty to operate the vehicle with reasonable care.
15. Driver Defendant breached that duty by, inter alia, [SPECIFY BREACHES].
16. Driver Defendant's negligence was a direct and proximate cause of Plaintiff's injuries and damages set forth below.

COUNT II — TRAFFIC STATUTE VIOLATION (Optional)

17. Plaintiff incorporates the preceding factual allegations.
18. Driver Defendant violated [IDENTIFY APPLICABLE TRAFFIC STATUTE AND SPECIFIC CONDUCT], which caused or contributed to the collision and Plaintiff's injuries.

COUNT III — NEGLIGENT ENTRUSTMENT / RESPONDEAT SUPERIOR (Optional)

19. Plaintiff incorporates the preceding factual allegations.
20. Owner/Employer Defendant knew or should have known that Driver Defendant was [UNLICENSED / INCOMPETENT / IMPAIRED] and nevertheless entrusted the vehicle to Driver Defendant. Alternatively, Driver Defendant was acting within the scope of employment or agency for Owner/Employer Defendant when the collision occurred.
21. The entrustment or Driver Defendant's conduct within that scope was a proximate cause of Plaintiff's injuries.

2.6 Damages

22. Plaintiff has sustained:
    a. Past and future medical expenses;
    b. Past and future lost earnings and diminished earning capacity;
    c. Property damage to Plaintiff’s vehicle and personal property;
    d. Past and future pain, suffering, mental anguish, and loss of enjoyment of life;
    e. Permanent impairment and disability;
    f. Punitive damages, if the evidence establishes actual malice or conscious, reckless, and outrageous indifference to the health, safety, and welfare of others by clear and convincing evidence, subject to the statutory cap of the greater of four times compensatory damages or $500,000 under W. Va. Code § 55-7-29; and
    g. All other damages permissible under West Virginia law.

2.7 Comparative Fault Statement

23. Plaintiff's recovery shall be reduced, if at all, in proportion to any percentage of fault attributed to Plaintiff, and Plaintiff shall be barred from recovery only if Plaintiff's fault is greater than the combined fault of all other persons responsible for the damages, consistent with W. Va. Code §§ 55-7-13a and 55-7-13c. Compensatory liability among Defendants is generally several, subject to the exceptions in § 55-7-13c.

2.8 Prayer for Relief

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in favor of Plaintiff against each Defendant for that Defendant's legally allocated share of compensatory damages, subject to the exceptions in W. Va. Code § 55-7-13c, for:

1. Compensatory damages as proven at trial;
2. Punitive damages as applicable and permitted by law;
3. Pre- and post-judgment interest if authorized by applicable law;
4. Reasonable attorneys’ fees and litigation costs as allowed by law;
5. Such other and further relief as the Court deems just and proper.

2.9 JURY DEMAND

Pursuant to Rule 38 of the West Virginia Rules of Civil Procedure, Plaintiff demands a trial by jury on all issues so triable as a matter of right and law.

2.10 Request for Service

Please serve each Defendant pursuant to Rule 4 of the West Virginia Rules of Civil Procedure at the following address(es):

• Driver Defendant: [ADDRESS]
• Owner/Employer Defendant: [ADDRESS / REGISTERED AGENT]

3. SIGNATURE

Submitted under W. Va. R. Civ. P. 11.

END OF DOCUMENT