IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
[___] JUDICIAL DISTRICT AT [VENUE]
[PLAINTIFF NAME],
Plaintiff,
v.
[DEFENDANT NAME 1],
[DEFENDANT NAME 2], et al.,
Defendant(s).
Case No. : [_____]
COMPLAINT FOR PERSONAL INJURY (NEGLIGENCE)
JURY TRIAL DEMANDED
[DATE]
TABLE OF CONTENTS
- Parties ............................................................................... 2
- Jurisdiction and Venue ......................................................... 2
- Factual Allegations ................................................................. 3
- Cause(s) of Action ................................................................ 4
4.1 Negligence ........................................................................ 4
4.2 [Additional Counts, if any] .................................................. 5 - Damages ............................................................................... 6
- Prayer for Relief ................................................................. 7
- Jury Demand ...................................................................... 8
- Certification & Verification .................................................. 8
[// GUIDANCE: Add or delete sections to match case complexity.]
1. PARTIES
1.1 Plaintiff. [PLAINTIFF NAME] (“Plaintiff”) is an individual resident of [County/Borough], State of Alaska, and at all relevant times was lawfully present in said jurisdiction.
1.2 Defendant(s).
a. [DEFENDANT NAME 1] (“Defendant 1”) is a [corporation/LLC/individual] organized under the laws of [State] with its principal place of business at [address], and transacts business in Alaska.
b. [DEFENDANT NAME 2] (“Defendant 2”) is a [description].
c. [ADD additional defendants as needed].
[// GUIDANCE: Where multiple defendants are alleged, add a paragraph clarifying agency, employment, respondeat superior, or concerted action theories as applicable.]
2. JURISDICTION AND VENUE
2.1 Subject-Matter Jurisdiction. This Court possesses subject-matter jurisdiction under Alaska Const. art. IV § 1 and Alaska Stat. § 22.10.020 (general jurisdiction of the Superior Court).
2.2 Personal Jurisdiction. Each Defendant is subject to personal jurisdiction because they reside, conduct substantial business, and/or committed the acts complained of in Alaska.
2.3 Venue. Venue lies properly in this Judicial District under Alaska Civ. R. 3(e) because the cause of action arose in, and Defendant(s) reside or may be served within, this District.
3. FACTUAL ALLEGATIONS
3.1 On or about [DATE] (the “Incident”), Plaintiff was located at/on/in [LOCATION] when Defendant(s) [describe negligent act or omission—e.g., “operated a motor vehicle while distracted and collided with Plaintiff’s vehicle”].
3.2 At all relevant times, Defendant(s) owed Plaintiff a duty to exercise reasonable care under the circumstances and to comply with applicable statutes, ordinances, and industry standards.
3.3 Defendant(s) breached said duty by, inter alia:
a. [Failure 1];
b. [Failure 2]; and
c. [Failure 3].
3.4 As a direct and proximate result of Defendant(s)’ breaches, Plaintiff sustained serious bodily injuries, endured physical pain and mental anguish, incurred medical expenses, lost wages, and will continue to suffer damages in the future.
[// GUIDANCE: Include additional paragraphs for comparative fault defenses, alcohol involvement (AS 04.21.020), statutory violations, or punitive conduct as needed.]
4. CAUSE(S) OF ACTION
4.1 Negligence
4.1.1 Duty. Defendant(s) owed Plaintiff a duty of reasonable care.
4.1.2 Breach. Defendant(s) breached that duty as alleged in Section 3.
4.1.3 Causation. Defendant(s)’ breaches were the factual and legal (proximate) cause of Plaintiff’s injuries.
4.1.4 Damages. Plaintiff suffered the damages set forth in Section 5.
4.1.5 Comparative Fault & Apportionment. Plaintiff pleads that any comparative-fault determination or allocation of liability shall be made pursuant to Alaska’s modified several liability statute(s), with joint and several liability imposed only to the extent permitted where a defendant’s fault equals or exceeds fifty percent (50 %) or other statutory criteria are met.
[// GUIDANCE: Insert precise statutory citations (e.g., AS 09.17.080) only after independent verification.]
4.2 [OPTIONAL] ADDITIONAL COUNT(S)
[// GUIDANCE: Add strict products liability, premises liability, negligent infliction of emotional distress, or punitive damages counts if the fact pattern supports them.]
5. DAMAGES
5.1 Economic Damages. Plaintiff seeks past and future:
a. Medical, hospital, rehabilitation, and related expenses;
b. Loss of earnings and impairment of earning capacity;
c. Property damage (if applicable); and
d. Out-of-pocket costs.
5.2 Non-Economic Damages. Plaintiff seeks reasonable compensation for pain, suffering, inconvenience, physical impairment, disfigurement, and loss of enjoyment of life, subject to statutory limitations on non-economic damages under Alaska law.
5.3 Pre- and Post-Judgment Interest. Plaintiff seeks interest at the maximum legal rate from the date of the Incident until paid.
5.4 Costs & Attorney Fees. Plaintiff requests taxable costs and attorney fees pursuant to Alaska Civ. R. 82 or as otherwise allowed by law.
5.5 Punitive Damages (if pled). If discovery reveals conduct justifying punitive damages, Plaintiff will move to amend pursuant to Alaska law and any applicable cap on punitive awards.
[// GUIDANCE: Alaska caps non-economic (and punitive) damages. Evaluate applicability—medical malpractice caps differ. Consider constitutional challenges.]
6. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that judgment be entered in Plaintiff’s favor and against Defendant(s) as follows:
A. For economic damages in an amount to be proven at trial;
B. For non-economic damages in accordance with Alaska statutory limits;
C. For pre- and post-judgment interest as allowed by law;
D. For costs and attorney fees pursuant to Alaska Civ. R. 82;
E. For punitive damages, if later pled and proven; and
F. For such further relief as the Court deems just and proper.
7. JURY DEMAND
Plaintiff demands a trial by jury on all issues so triable as of right under the Alaska Constitution.
8. CERTIFICATION & VERIFICATION
Under Alaska Civ. R. 11(b), the undersigned certifies that, to the best of counsel’s knowledge, information, and belief, formed after reasonable inquiry, this pleading is well-grounded in fact and warranted by existing law or a good-faith argument for its extension, modification, or reversal, and is not interposed for any improper purpose.
[PLAINTIFF NAME] verifies under penalty of perjury that the factual statements contained herein are true and correct to the best of Plaintiff’s knowledge.
9. SIGNATURE BLOCK
Respectfully submitted this ___ day of ____, 20__.
[ATTORNEY NAME]
[Alaska Bar No. __]
[LAW FIRM NAME]
[Address]
[City, State ZIP]
Telephone: [--_]
Email: [_____]
Attorneys for Plaintiff
NOTARY ACKNOWLEDGMENT (if required for verification)
STATE OF ALASKA )
) ss.
[JUDICIAL DISTRICT] )
THIS IS TO CERTIFY that on this ___ day of ____, 20__, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared [PLAINTIFF NAME], to me known to be the individual described in and who executed the foregoing Verification, and acknowledged to me that he/she executed the same as his/her free and voluntary act and deed for the uses and purposes therein mentioned.
Notary Public in and for Alaska
My commission expires: ____
[// GUIDANCE: Alaska does not mandate notarized verifications for complaints, but some practitioners prefer them. Remove or modify as appropriate.]