State Court Complaint - Personal Injury

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 & Joint Liability Allegations

9. Jury Demand
10. Prayer for Relief
11. Reservation of Rights
12. Signature Block & Certificate of Service
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 applicable, 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 Selection. Pursuant to Alabama law and the Alabama Constitution, this Court is the proper forum; no arbitration agreement is applicable.
5. Jury Trial. Plaintiff invokes the constitutional right to a trial by jury on all triable issues.

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 [DEFENDANT NAME(S)] and any agents, employees, or entities for whom liability is or may be imputed pursuant to Alabama law.
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 This Court has subject-matter jurisdiction pursuant to Ala. Const. art. VI, § 142 and applicable statutes conferring original jurisdiction on the Circuit Courts for civil actions exceeding the jurisdictional threshold of the District Courts.
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), because the cause of action arose in this county and/or the individual Defendant resides in this county; and/or
b. As to any Defendant that is a corporation or limited liability company, under Ala. Code § 6-3-7, because a substantial part of the events giving rise to this action occurred in this county, the entity's principal office in this state is located in this county, and/or the entity does business by agent in this county.

5. PARTIES

5.1 Plaintiff. [PLAINTIFF NAME] (“Plaintiff”) is an individual resident citizen of [COUNTY] County, Alabama, over the age of nineteen (19).
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 lawfully present at/on [LOCATION] when the Accident 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 serious and permanent injuries, including but not limited to [list injuries], incurred medical expenses, lost wages, pain and suffering, mental anguish, and other damages.
6.5 Plaintiff’s damages were neither caused nor contributed to by any negligence on Plaintiff’s part; however, to the extent contributory negligence may be alleged, Plaintiff affirmatively denies same.
6.6 This action is timely filed within the two-year limitations period prescribed by Ala. Code § 6-2-38(l).

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 Defendant(s), jointly and severally, for all compensatory damages recoverable under Alabama law, 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 is entitled to an award of punitive damages not to exceed the greater of three times compensatory damages or $1,500,000 under Ala. Code § 6-11-21(d), the cap applicable to civil actions for physical injury.
7.9 WHEREFORE, Plaintiff demands judgment against Defendant(s), jointly and severally, for compensatory and punitive damages, costs, and such further relief as the Court deems just and proper.

8. DAMAGES & JOINT LIABILITY ALLEGATIONS

8.1 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 Under Alabama’s joint-and-several liability doctrine, each Defendant is liable for the full amount of Plaintiff’s damages. Plaintiff therefore seeks judgment against all Defendant(s), jointly and severally.
8.3 Plaintiff pleads for all relief up to the maximum amount allowable by law, expressly including any statutory caps or limitations on damages applicable in Alabama.

9. JURY DEMAND

Pursuant to Ala. R. Civ. P. 38 and Article I, Section 11 of the Alabama Constitution, Plaintiff demands a trial by struck jury on all issues so triable.

10. PRAYER FOR RELIEF

WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests that this Honorable Court enter judgment in favor of Plaintiff and against Defendant(s), jointly and severally, 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, further, or different relief—whether legal or equitable, including limited injunctive relief to preserve the Court’s jurisdiction—as the Court may deem just and proper.

11. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint to add additional parties, claims, theories of liability, or damages as may be warranted by the evidence and in accordance with the Alabama Rules of Civil Procedure.

12. SIGNATURE BLOCK & CERTIFICATE OF SERVICE

Respectfully submitted this ___ day of __________, 20__.

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

CERTIFICATE OF SERVICE
I hereby certify that on this ___ day of __________, 20__, I served a copy of the foregoing Complaint upon:
• [Opposing Counsel/Defendant Name & Address]
by [U.S. Mail / Certified Mail / Electronic Filing System / Hand Delivery] in accordance with Ala. R. Civ. P. 5.

___________________________________
[ATTORNEY NAME]

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: _____________

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