State Court Complaint - Personal Injury - Alabama

STATE COURT COMPLAINT – PERSONAL INJURY

Jurisdiction: Alabama (Circuit Court)

TABLE OF CONTENTS

1. Document Header & Caption
2. Preliminary Statements
3. Definitions
4. Jurisdiction and Venue
5. Parties
6. Factual Allegations

7. Causes of Action

   • Count I – Negligence
   • Count II – Wantonness (Optional)

8. Damages & Liability Allegations

9. Jury Demand
10. Prayer for Relief
11. Reservation of Rights
12. Signature Block & Original Process Note
13. Verification (Optional)

1. DOCUMENT HEADER & CAPTION

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ALABAMA

2. PRELIMINARY STATEMENTS

1. Nature of Action. This is a civil action for personal injuries sounding in negligence (and, if supported by the facts, wantonness) arising out of an incident that occurred on or about [DATE] in [CITY/TOWN], Alabama.
2. Amount in Controversy. Plaintiff seeks compensatory and, where legally permissible, punitive damages in an amount to be determined by the trier of fact, subject to any statutory limitations applicable under Alabama law.
3. Governing Law. All claims asserted herein are brought under the substantive law of the State of Alabama.
4. Forum. Plaintiff brings this action in this Court, subject to the jurisdiction and venue allegations below.
5. Jury Trial. Plaintiff demands a jury trial on all issues triable of right by a jury under Ala. R. Civ. P. 38.

3. DEFINITIONS

For purposes of this Complaint, the following capitalized terms shall have the meanings set forth below:
a. “Accident” means the incident occurring on or about [DATE] that is the subject of this action.
b. “Defendant(s)” means the persons or entities named as defendants in the caption.
c. “Injury” means all bodily injuries, emotional distress, economic loss, and other damages sustained by Plaintiff as a direct and proximate result of the Accident.

4. JURISDICTION AND VENUE

4.1 The amount in controversy is $[__________], exclusive of interest and costs. This Court has original civil jurisdiction under Ala. Code § 12-11-30(1) because the amount exceeds $6,000. ☐ The amount exceeds $20,000, within the circuit court's exclusive original civil jurisdiction. ☐ The amount is above $6,000 and not above $20,000, within concurrent circuit and district court jurisdiction.
4.2 Venue is proper in [COUNTY] County as follows:
a. As to any Defendant who is an individual, under Ala. Code § 6-3-2(a)(3), because [the complained-of act or omission occurred in this county / the individual Defendant has an Alabama permanent residence in this county]; and/or
b. As to any Defendant governed by Ala. Code § 6-3-7, under [SELECT (a)(1), (2), (3), OR (4)] because [PLEAD THE SELECTED ROUTE'S ACTUAL FACTS]. Doing business by agent alone is a basis only under residual subsection (a)(4), after confirming that (a)(1)-(3) do not apply.

5. PARTIES

5.1 Plaintiff. [PLAINTIFF NAME] (“Plaintiff”) is an individual residing in [COUNTY] County, Alabama.
5.2 Defendant(s).
a. [DEFENDANT NAME] is a [corporation/LLC/individual/etc.] organized under the laws of [STATE] with its principal place of business in [LOCATION] and conducting business in the State of Alabama.
b. [Add additional Defendants as needed with corresponding jurisdictional facts.]

6. FACTUAL ALLEGATIONS

6.1 On or about [DATE], Plaintiff was at/on [LOCATION] when the incident occurred.
6.2 Defendant(s) owed Plaintiff a duty to exercise reasonable care in [describe duty—e.g., operating a motor vehicle, maintaining premises, manufacturing product].
6.3 Defendant(s) breached that duty by [specific acts or omissions—e.g., failing to keep a proper lookout, allowing a dangerous condition to exist, designing a defective product].
6.4 As a direct and proximate result of Defendant(s)’ breach, Plaintiff sustained [describe actual injuries and supported losses, including any medical expenses, lost earnings, pain, or mental anguish].
6.5 Plaintiff denies that Plaintiff's own negligence contributed to the injuries alleged.
6.6 This action is timely under [select Ala. Code § 6-2-38(l) for a noncontract injury claim not otherwise enumerated in that section / Ala. Code § 6-2-38(n) when liability of a principal for an agent's injury-causing conduct is sought / identify another applicable limitations provision]. The claim accrued on [DATE]; this complaint is filed on [DATE]. [State any supported tolling facts, if needed.]

7. CAUSES OF ACTION

COUNT I – NEGLIGENCE

7.1 Plaintiff realleges and incorporates by reference Paragraphs 6.1 through 6.5.
7.2 Defendant(s) owed Plaintiff a duty of reasonable care under the circumstances.
7.3 Defendant(s) breached that duty as set forth above.
7.4 The breach was the proximate cause of Plaintiff’s injuries and damages.
7.5 WHEREFORE, Plaintiff demands judgment against each liable Defendant for compensatory damages proved to have resulted from that Defendant's conduct, together with costs and such further relief as the Court deems just and proper.

COUNT II – WANTONNESS (Optional; include if facts support)

7.6 Plaintiff realleges and incorporates by reference Paragraphs 6.1 through 6.5.
7.7 Defendant(s) acted with conscious disregard of the rights or safety of Plaintiff by [describe wanton conduct].
7.8 Such conduct constitutes wantonness under Ala. Code § 6-11-20, and Plaintiff seeks punitive damages subject to the applicable law. If § 6-11-21(d)'s physical-injury tier applies, it compares three times compensatory damages with the current CPI-adjusted fixed amount whose statutory base is $1.5 million.
7.9 WHEREFORE, Plaintiff demands judgment for compensatory damages and, as to each Defendant against whom the required conduct and entitlement are proved, punitive damages commensurate with that Defendant's own conduct under § 6-11-21(e), together with costs and proper further relief.

8. DAMAGES & LIABILITY ALLEGATIONS

8.1 Where supported by the evidence and recoverable under applicable law, Plaintiff seeks the following categories of damages:
a. Past and future medical expenses;
b. Past and future lost wages and diminished earning capacity;
c. Past and future pain and suffering;
d. Mental anguish and emotional distress;
e. Permanent impairment and disfigurement;
f. Property damage (if applicable);
g. Punitive damages (as pled in Count II, subject to statutory limitations).
8.2 Plaintiff seeks a finding of each Defendant's liability based on the conduct, causation, and injury proved as to that Defendant. Any request for joint compensatory liability must be supported by the facts and governing law; punitive liability is assessed against each Defendant as stated in § 6-11-21(e).
8.3 Plaintiff seeks the relief allowed by law, subject to applicable limitations.

9. JURY DEMAND

Pursuant to Ala. R. Civ. P. 38(b), Plaintiff demands a trial by struck jury on all issues triable of right by a jury.

10. PRAYER FOR RELIEF

WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests that this Court enter judgment in favor of Plaintiff and against each liable Defendant, awarding:

1. Compensatory damages in an amount to be determined by the jury;
2. Punitive damages where legally permissible and supported by the evidence;
3. Pre-judgment and post-judgment interest as allowed by law;
4. All costs of these proceedings; and
5. Such other relief as the Court deems just and proper.

11. RESERVATION OF RIGHTS

Plaintiff may seek to amend this Complaint as permitted by Ala. R. Civ. P. 15. Any amendment made more than 42 days before the first trial setting remains subject to the rule and a court order; an amendment later than that requires leave of court and good cause.

12. SIGNATURE BLOCK & ORIGINAL PROCESS NOTE

Respectfully submitted this ___ day of __________, 20__.

___________________________________
[ATTORNEY NAME] (ASB-____-___)
[LAW FIRM NAME]
[ADDRESS]
[PHONE]
[EMAIL]
Counsel for Plaintiff

13. VERIFICATION (Optional)

STATE OF ALABAMA )
COUNTY OF ________ )

Before me, the undersigned authority, personally appeared [PLAINTIFF NAME], who, being duly sworn, deposes and says that the foregoing allegations are true and correct to the best of his/her knowledge, information, and belief.

___________________________________
[PLAINTIFF NAME]

Sworn to and subscribed before me this ___ day of __________, 20__.

___________________________________
NOTARY PUBLIC
My Commission Expires: _____________