State Court Complaint - Personal Injury

COMPLAINT AND JURY DEMAND

(Personal Injury – Negligence)

IN THE DISTRICT COURT FOR [COUNTY] COUNTY, STATE OF COLORADO
Civil Action No.: ____
Division/Courtroom: ____

[PLAINTIFF FULL LEGAL NAME],
Plaintiff,

v.

[DEFENDANT FULL LEGAL NAME], and
[ADDITIONAL DEFENDANT(S) FULL LEGAL NAME(S)],
Defendant(s).

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 because [the collision/incident] occurred in [County] County, and at least one Defendant resides or maintains its principal place of business in this county.

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 Defendant(s) are jointly and severally liable for any indivisible injury in accordance with Colo. Rev. Stat. § 13-21-111.5 (2024), subject to statutory apportionment principles.

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 limitations of Colo. Rev. Stat. § 13-21-102.5 (2024, as amended by HB24-1472; noneconomic cap of $1,500,000 effective January 1, 2025; next CPI adjustment January 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), jointly and severally, 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 so triable as a matter of right under the Colorado Constitution.

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 laws of the State of Colorado that the foregoing facts are true and correct to the best of my knowledge.

___________________________________
[Plaintiff Name]
Date: _____________

CERTIFICATE OF SERVICE

I hereby certify that on this ___ day of __________, 20__, a true and correct copy of the foregoing COMPLAINT AND JURY DEMAND was served via [method of service] on the following:

• [Opposing Counsel/Defendant Address(es)]

___________________________________
[Name]

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.
• Attach any required district-specific civil cover sheet and case information sheet.
• Consider early Rule 26 disclosures and preservation letters.

End of Template