State Court Complaint - Personal Injury - Delaware

Before filing: Under Del. Super. Ct. Civ. R. 3(a), file this complaint with a praecipe for issuance of process and the current Superior Court Civil Case Information Statement (CIS) on the court's form.

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

[COUNTY] COUNTY

Civil Action No.: [________________________________]

[Jury Trial Demanded]

COMPLAINT FOR PERSONAL INJURY

TABLE OF CONTENTS

1. Preliminary Statement
2. Parties
3. Jurisdiction and Venue
4. Definitions
5. Factual Allegations
6. Count I – Negligence
7. Damages, Caps & Multiple Defendants
8. Demand for Jury Trial
9. Prayer for Relief
10. Reservation of Rights
11. Signature Block

1. Preliminary Statement

1.1 Plaintiff brings this personal-injury action to recover damages arising from Defendant’s alleged negligent acts and omissions, which caused the incident and Plaintiff’s injuries described below.

2. Parties

2.1 Plaintiff [PLAINTIFF NAME] is a resident of [CITY], [COUNTY] County, Delaware.

2.2 Defendant [DEFENDANT NAME] resides in [CITY/STATE] and may be served at [SERVICE ADDRESS] by a method authorized under Del. Super. Ct. Civ. R. 4.

3. Jurisdiction and Venue

3.1 The Superior Court has jurisdiction over civil causes at common law under Del. Const. art. IV, § 7. This claim invokes that jurisdiction because [FACTS ESTABLISHING A COMMON-LAW CIVIL CLAIM AND ANY ADDITIONAL APPLICABLE AUTHORITY]. Section 541 itself states only that the Superior Court has jurisdiction conferred by Delaware's Constitution and laws; it does not state an amount-in-controversy threshold.

3.2 Defendant [IS A DELAWARE RESIDENT / IS A NONRESIDENT WHO COMMITTED THE ACT IDENTIFIED IN 10 DEL. C. § 3104(c)(__)] and the supporting jurisdictional facts are [SPECIFY FACTS]. Section 3104(c) addresses a cause of action arising from enumerated acts of a nonresident; Rule 4 governs process, not the basis for personal jurisdiction.

3.3 Venue is proper in [COUNTY] County under [APPLICABLE VENUE AUTHORITY] because [FACTS SUPPORTING THAT COUNTY].

4. Definitions

For purposes of this Complaint, the following capitalized terms have the meanings set forth below:

“Accident” means the incident occurring on [DATE] at or near [ADDRESS/LOCATION] in [COUNTY] County, Delaware, in which Plaintiff was injured.

5. Factual Allegations

5.1 On [DATE] at approximately [TIME], Plaintiff was lawfully present at [LOCATION] when Defendant [DESCRIBE NEGLIGENT ACT—e.g., “failed to keep a proper lookout while operating a motor vehicle”].

5.2 Defendant owed Plaintiff a duty to exercise reasonable care under the circumstances.

5.3 Defendant breached that duty by, inter alia:
 (a) [FAILING TO OBEY TRAFFIC CONTROL DEVICES];
 (b) [OPERATING THE VEHICLE WHILE DISTRACTED]; and
 (c) [FURTHER SPECIFIC ACTS/OMISSIONS].

5.4 As a direct and proximate result of Defendant’s negligence, Plaintiff sustained severe bodily injuries, including but not limited to [LIST INJURIES], has incurred medical expenses in excess of $[AMOUNT], and continues to suffer pain, disability, emotional distress, and loss of life’s pleasures.

5.5 Plaintiff has lost wages and earning capacity and expects to incur future medical and rehabilitative expenses.

6. Count I – Negligence

6.1 Plaintiff incorporates the preceding factual allegations.

6.2 Defendant owed Plaintiff a duty of reasonable care because [FACTS ESTABLISHING THE RELATIONSHIP, ACTIVITY, AND DUTY].

6.3 Defendant breached that duty through the acts and omissions described above.

6.4 Defendant’s breach was the factual and legal (proximate) cause of Plaintiff’s injuries and damages.

6.5 If comparative negligence is placed at issue, Plaintiff requests application of 10 Del. C. § 8132 according to the fault found. That section permits recovery when Plaintiff's negligence is not greater than Defendant's negligence or the combined negligence of all defendants against whom recovery is sought, with a proportional reduction of damages.

7. Damages, Caps & Multiple Defendants

7.1 Plaintiff seeks damages for:
 (a) Past and future medical expenses;
 (b) Past and future lost wages and diminished earning capacity;
 (c) Past and future pain and suffering;
 (d) Loss of enjoyment of life and emotional distress;
 (e) Property damage (if applicable);
 (f) Pre- and post-judgment interest as allowed by law; and
 (g) Such other and further relief as the Court deems just and proper.

7.2 [IF DEFENDANT IS A POLITICAL SUBDIVISION OR ITS EMPLOYEE AND THE ACTION IS PERMITTED BY 10 DEL. C. CHAPTER 40, SUBCHAPTER II: IDENTIFY THE APPLICABLE IMMUNITY EXCEPTION AND ADDRESS § 4013(a)'S PER-OCCURRENCE LIMIT, INCLUDING ANY EXCESS INSURANCE. OTHERWISE REMOVE THIS PARAGRAPH.]

7.3 [IF MULTIPLE DEFENDANTS ARE NAMED: STATE THE FACTS SUPPORTING EACH DEFENDANT'S LIABILITY FOR THE SAME INJURY AND THE RELIEF SOUGHT FROM EACH. OTHERWISE REMOVE THIS PARAGRAPH.]

8. Demand for Jury Trial

Pursuant to Article I, § 4 of the Delaware Constitution and Del. Super. Ct. Civ. R. 38, Plaintiff demands a trial by jury on all issues so triable.

9. Prayer for Relief

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in Plaintiff’s favor and against Defendant in an amount to be determined at trial, together with:

a. Pre- and post-judgment interest;
b. Costs of suit;
c. Reasonable attorneys’ fees where authorized by contract or statute; and
d. Such other and further relief as the Court deems just and proper.

10. Reservation of Rights

10.1 Any amendment to this Complaint is subject to Del. Super. Ct. Civ. R. 15, including its requirements for amendment as a matter of course, written consent, or leave of court.

11. Signature Block

Respectfully submitted,

[LAW FIRM NAME]
[Street Address]
[City, State ZIP]
[Telephone] | [Email] | Bar ID No. [___]

By: _________________________________
[ATTORNEY NAME], Esquire
Attorney for Plaintiff