State Court Complaint - Personal Injury - Colorado

COMPLAINT AND JURY DEMAND

Before filing (remove this note from the pleading): File the completed District Court Civil (CV) Case Cover Sheet (JDF 601) with this district civil complaint, and serve the cover sheet with the initial pleading.

(Personal Injury – Negligence)

Plaintiff, by and through undersigned counsel, brings this Complaint against Defendant(s) and, in support, alleges as follows:

TABLE OF CONTENTS

1. Parties
2. Jurisdiction and Venue
3. General Allegations
4. First Claim for Relief – Negligence
5. Damages
6. Reservation of Rights re Exemplary Damages
7. Prayer for Relief
8. Jury Demand
9. Certification of Compliance
10. Signature Block

1. PARTIES

1.1 Plaintiff [Name] is a natural person, a resident of [County] County, Colorado, and at all relevant times was lawfully present in the State of Colorado.

1.2 Defendant [Name] is a [type of entity or “natural person”] with its principal place of business or residence at [address] and may be served at [registered agent or service address].

1.3 [If multiple defendants, add similar paragraphs.]

2. JURISDICTION AND VENUE

2.1 This Court has subject-matter jurisdiction over this civil action because the amount in controversy exceeds the monetary limits of the county court and arises under Colorado tort law.

2.2 Venue is proper in this Court pursuant to C.R.C.P. 98(c) because [the collision/incident] occurred in [County] County, and at least one Defendant resides or maintains its principal place of business in this county.

2.3 This action is timely filed within the applicable statute of limitations — two years for general negligence and premises liability claims under Colo. Rev. Stat. § 13-80-102(1)(a), or three years if the claim arises from the use or operation of a motor vehicle under Colo. Rev. Stat. § 13-80-101(1)(n) (select the period applicable to the facts pleaded above).

3. GENERAL ALLEGATIONS

3.1 On [date] at approximately [time], Plaintiff was [describe location/activity] when Defendant [Name] [describe act or omission—e.g., “drove a motor vehicle in a careless and reckless manner”].

3.2 Defendant owed Plaintiff a duty of reasonable care to [describe duty—e.g., “operate the vehicle in accordance with traffic laws and conditions”].

3.3 Defendant breached that duty by [specific acts/omissions].

3.4 As a direct and proximate result of Defendant’s breach, Plaintiff sustained bodily injuries, physical impairment, past and future medical expenses, lost earnings, and noneconomic damages including pain, suffering, inconvenience, and emotional distress.

4. FIRST CLAIM FOR RELIEF – NEGLIGENCE

4.1 Plaintiff incorporates by reference the allegations in ¶¶ 1.1–3.4.

4.2 Elements
a. Duty: Defendant owed Plaintiff a duty of reasonable care.
b. Breach: Defendant breached that duty as set forth above.
c. Causation: Defendant’s breach was the cause-in-fact and proximate cause of Plaintiff’s injuries.
d. Damages: Plaintiff suffered injuries and losses compensable in damages.

4.3 Pursuant to Colo. Rev. Stat. § 13-21-111 (2024), any comparative negligence attributed to Plaintiff (if any) will reduce, but not bar, recovery, provided Plaintiff’s negligence is less than that of Defendant(s).

4.4 Pursuant to Colo. Rev. Stat. § 13-21-111.5, each Defendant is liable only for the percentage or degree of negligence or fault attributable to that Defendant (several/pro rata liability, not joint and several liability), except that joint liability applies only if two or more Defendants consciously conspired and deliberately pursued a common plan or design to commit a tortious act.

5. DAMAGES

5.1 Economic Damages: past and future medical expenses, lost wages, lost earning capacity, out-of-pocket expenses, and other pecuniary losses in amounts to be proven at trial.

5.2 Noneconomic Damages: pain, suffering, inconvenience, emotional distress, and loss of enjoyment of life, subject to the claim-, filing-, accrual-, defendant-, and damage-category rules in Colo. Rev. Stat. § 13-21-102.5. Subsection (3)(a)(II)'s $1,500,000 tier applies to an action filed 1/1/2025-12/31/2025 or a claim accruing on/after 1/1/2025, excludes the separate health-care and wrongful-death regimes, and is first adjusted on 1/1/2028.

5.3 Physical Impairment/Disfigurement: damages not subject to the cap on noneconomic damages.

5.4 Interest: pre- and post-judgment interest as provided by Colo. Rev. Stat. § 13-21-101 (2024).

5.5 Costs: all recoverable costs pursuant to the Colorado Rules of Civil Procedure and applicable statutes.

6. RESERVATION OF RIGHTS RE EXEMPLARY DAMAGES

Plaintiff reserves the right to seek exemplary damages under Colo. Rev. Stat. § 13-21-102 (2024) upon a showing of prima facie proof of Defendant’s fraudulent, malicious, or willful and wanton conduct, as permitted after initial disclosures and discovery.

7. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that judgment be entered in Plaintiff’s favor and against Defendant(s), severally in proportion to each Defendant's percentage of fault as determined under Colo. Rev. Stat. § 13-21-111.5 (or jointly, only if the jury finds the civil-conspiracy exception in § 13-21-111.5(4) applies), for:

a. Economic damages in an amount to be determined at trial;
b. Noneconomic damages subject to statutory caps;
c. Damages for physical impairment and/or disfigurement;
d. Pre- and post-judgment interest as allowed by law;
e. Costs and such further relief as the Court deems just and proper.

8. JURY DEMAND

Plaintiff demands a trial by jury on all issues triable of right by jury under C.R.C.P. 38, subject to timely payment of the required jury fee.

9. CERTIFICATION OF COMPLIANCE

Undersigned counsel certifies that the claims asserted herein are warranted by existing law or by a non-frivolous argument for extension, modification, or reversal of existing law; that the factual contentions have evidentiary support; and that the action is not interposed for any improper purpose, consistent with C.R.C.P. 11.

10. SIGNATURE BLOCK

Respectfully submitted this ___ day of __________, 20__.

[LAW FIRM NAME]

By: ___________________________________
[ATTORNEY NAME], # [Bar Number]
Attorneys for Plaintiff
[Firm Address]
[City, State ZIP]
Phone: [___]
Email: [___]

VERIFICATION (Optional)

I, [Plaintiff Name], declare under penalty of perjury under the law of Colorado that the foregoing is true and correct.

___________________________________
[Plaintiff Name]
Executed on [DAY] [MONTH] [YEAR] at [CITY OR OTHER LOCATION], [STATE OR COUNTRY].

Initial service note: Serve a summons and this Complaint together under C.R.C.P. 4(c), except when service is by publication or the court orders otherwise. Use the applicable Rule 4 process method for each Defendant and document service after it occurs. This Complaint does not certify initial service in advance.

CUSTOMIZATION CHECKLIST

• Replace all [PLACEHOLDER] text.
• Update damages cap figure per latest inflation adjustment.
• Add additional claims (e.g., negligence per se, premises liability) if supported.
• File and serve the statewide District Court Civil (CV) Case Cover Sheet (JDF 601) with the initial complaint. Its instructions say the cover sheet is required in every district court civil (CV) case and must be served with the initial pleading.
• Consider early Rule 26 disclosures and preservation letters.

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