[// GUIDANCE: This template is drafted to comply with (i) the Florida Rules of Civil Procedure, (ii) Chapter 768, Florida Statutes (Tort Actions), and (iii) applicable constitutional provisions. Adapt all bracketed placeholders, confirm court-specific administrative requirements, and attach exhibits as needed.]

TABLE OF CONTENTS

1. Document Header (Caption)
2. Preliminary Allegations
   2.1 Parties
   2.2 Jurisdiction and Venue
3. Definitions (Optional)
4. General Factual Allegations
5. Count I – Negligence
6. Damages Allegations
7. Conditions Precedent & Compliance with Statutory Requirements
8. Reservation of Rights
9. Prayer for Relief
10. Demand for Jury Trial
11. Verification / Certificate of Counsel

1. DOCUMENT HEADER (CAPTION)

IN THE CIRCUIT COURT OF THE ☐ JUDICIAL CIRCUIT
IN AND FOR [___] COUNTY, FLORIDA

CASE NO.: ______________________ DIVISION: _______

[PLAINTIFF’S FULL LEGAL NAME],
Plaintiff,
v.

[DEFENDANT’S FULL LEGAL NAME],
Defendant.
____________________________________/

COMPLAINT AND DEMAND FOR JURY TRIAL

2. PRELIMINARY ALLEGATIONS

2.1 Parties

1. Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is a natural person and resident of [County], Florida, and is sui juris.
2. Defendant [DEFENDANT NAME] (“Defendant”) is a [corporation/LLC/individual/other] organized under the laws of [State] with its principal place of business in [County/State] and is sui juris.
   2.1 At all times material, Defendant conducted substantial, continuous, and systematic business activities within the State of Florida.

2.2 Jurisdiction and Venue

3. This Court has subject-matter jurisdiction pursuant to Art. V, § 5(b), Fla. Const., and Fla. Stat. § 26.012(2) because the amount in controversy exceeds $30,000, exclusive of interest, costs, and attorney’s fees.
4. Venue is proper in [___] County, Florida under Fla. Stat. § 47.011 because the cause of action accrued in this county and/or Defendant resides or does business herein.

3. DEFINITIONS [Optional—use if multiple parties or technical terms]

For ease of reference, the following capitalized terms have the meanings ascribed below and apply throughout this Complaint:
“Accident” means the incident that occurred on [DATE] at [LOCATION] resulting in Plaintiff’s injuries.
“Comparative Fault Statute” means Fla. Stat. § 768.81.
“Punitive Damages Cap” means the limitation set forth in Fla. Stat. § 768.73(1).

4. GENERAL FACTUAL ALLEGATIONS

5. On [DATE], at approximately [TIME], Plaintiff was lawfully present at [LOCATION – describe in detail].
6. At said time and place, Defendant owed Plaintiff the legal duty to exercise reasonable care under the circumstances.
7. Defendant breached that duty by, inter alia, [list specific negligent acts/omissions].
8. As a direct and proximate result of Defendant’s breach, Plaintiff sustained bodily injuries, pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, medical expenses, loss of earnings, and/or loss of future earning capacity, all of which are either permanent or continuing in nature.

5. COUNT I – NEGLIGENCE

9. Plaintiff realleges paragraphs 1–8 as if fully set forth herein.
10. Under Florida’s common-law negligence standard, a prima facie claim requires proof of duty, breach, causation, and damages.
11. Defendant owed Plaintiff a non-delegable duty to exercise reasonable care.
12. Defendant breached that duty by the negligent acts and omissions described above.
13. Defendant’s breach was the legal and proximate cause of the Accident and Plaintiff’s damages.
14. Pursuant to the Comparative Fault Statute, Plaintiff’s damages, if any comparative negligence is proven, shall be diminished in proportion to Plaintiff’s percentage of fault, if any.
15. To the extent any other person or entity may be wholly or partially responsible, Defendant remains jointly and severally liable for the damages apportioned to it under Fla. Stat. § 768.81(3).

WHEREFORE, Plaintiff demands judgment against Defendant for all compensatory damages allowable by law, taxable costs, prejudgment and post-judgment interest as permitted, and any further relief the Court deems just and proper.

6. DAMAGES ALLEGATIONS

16. Plaintiff seeks the following categories of damages:
    a. Past and future medical expenses;
    b. Past and future lost wages and loss of earning capacity;
    c. Past and future pain and suffering, mental anguish, and loss of enjoyment of life;
    d. [OPTIONAL] Punitive damages, subject to Plaintiff’s compliance with Fla. Stat. § 768.72 and the Punitive Damages Cap;
    e. Costs as provided by Fla. R. Civ. P. 1.420, Fla. Stat. §§ 57.041 & 57.051; and
    f. Any other damages recoverable under Florida law.

[// GUIDANCE: If Defendant is a governmental entity, insert sovereign-immunity cap language referencing Fla. Stat. § 768.28(5).]

7. CONDITIONS PRECEDENT & STATUTORY COMPLIANCE

17. All conditions precedent to the maintenance of this action have occurred, been satisfied, waived, or are otherwise excused.
18. Plaintiff will file a motion to amend the Complaint to assert punitive damages, if warranted, in accordance with Fla. Stat. § 768.72(1).

8. RESERVATION OF RIGHTS

19. Plaintiff reserves the right to amend this Complaint to add additional counts, parties, or theories of liability as discovery progresses and Florida law permits.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in favor of Plaintiff and against Defendant, awarding:
1. Compensatory damages in an amount to be determined by the trier of fact;
2. Punitive damages (upon leave of Court) within the limits of Fla. Stat. § 768.73;
3. Pre- and post-judgment interest;
4. Taxable costs pursuant to Florida law; and
5. Such further relief as the Court deems just and proper.

10. DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right under the Seventh Amendment to the Constitution of the United States, Art. I, § 22 of the Florida Constitution, and Fla. R. Civ. P. 1.430.

11. VERIFICATION / CERTIFICATE OF COUNSEL

[// GUIDANCE: Florida does not generally require verification for ordinary negligence complaints. If verification is desired—or required for special statutory actions—insert appropriate jurat. The following certification complies with Fla. R. Jud. Admin. 2.515.]

Respectfully submitted this ____ day of __________, 20__.

__________________________________
[ATTORNEY NAME], ESQ.
Florida Bar No. __________
[LAW FIRM NAME]
[Street Address]
[City, State ZIP]
Telephone: (___) ___-____
Email: [primary email]
Secondary Email: [secondary email]
Counsel for Plaintiff

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served on [date] via [e-Portal/e-mail/hand delivery] to all counsel of record.

__________________________________
Attorney
[// GUIDANCE:
1. E-filings must include the attorney’s Florida Bar number and compliant e-mail addresses.
2. Confirm county-specific formatting rules (e.g., margins, font, line spacing).
3. Attach a civil cover sheet, summons, and proposed form of process as separate filings per clerk requirements.
4. Consider early preservation letters/spoliation notices to mitigate evidentiary risk.
5. Calendar all relevant statutes of limitation (generally four years for negligence under Fla. Stat. § 95.11(3)(a)).]