IN THE DISTRICT COURT OF THE [___] JUDICIAL DISTRICT

OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [____]

[PLAINTIFF FULL LEGAL NAME],
Plaintiff,

v.

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

COMPLAINT AND DEMAND FOR JURY TRIAL

(PERSONAL INJURY – NEGLIGENCE)

[// GUIDANCE: This template assumes a single-event bodily-injury negligence claim. Add or delete parties, theories, or counts as appropriate.]

TABLE OF CONTENTS

1. Parties
2. Jurisdiction & Venue
3. Definitions
4. Factual Allegations
5. Cause of Action – Negligence
6. Damages Alleged
7. Prayer for Relief
8. Demand for Jury Trial
9. Reservation of Rights
10. Verification
11. Certificate of Service

1. PARTIES

1.1 Plaintiff. [PLAINTIFF FULL LEGAL NAME] (“Plaintiff”) is an individual and resident of [City], [County], Idaho.

1.2 Defendant(s). [DEFENDANT FULL LEGAL NAME(S)] (“Defendant”) is/are [type of entity or individual], with principal place of business or residence at [address].
[// GUIDANCE: If multiple defendants, add subparagraphs (a), (b), etc. and include agency/concert allegations as needed to trigger joint liability exceptions under Idaho Code § 6-803(4).]

2. JURISDICTION & VENUE

2.1 This Court has subject-matter jurisdiction pursuant to Idaho Code § 1-704 and the Idaho Rules of Civil Procedure.

2.2 Venue is proper in this County under Idaho Code § 5-404 because the cause of action arose here and the parties reside or do business here.

2.3 All conditions precedent to filing this action have been satisfied, waived, or excused.

3. DEFINITIONS

For ease of reference, the following capitalized terms shall have the meanings set forth below and shall apply throughout this Complaint:

“Accident” – The incident that occurred on [DATE] at or near [LOCATION] giving rise to Plaintiff’s injuries.
“Defendant” – Each person or entity identified in § 1.2, together with all agents, employees, and those acting in concert.
“Economic Damages” – Past and future medical expenses, lost earnings, loss of earning capacity, and other out-of-pocket losses.
“Noneconomic Damages” – Pain, suffering, inconvenience, emotional distress, disfigurement, and loss of enjoyment of life, subject to the limitations of Idaho Code § 6-1603 (2023).
“Punitive Damages” – Damages authorized by Idaho Code § 6-1604 (2023), subject to statutory caps.

4. FACTUAL ALLEGATIONS

4.1 On or about [DATE], at approximately [TIME], Plaintiff was lawfully present at [LOCATION].

4.2 At that time and place, Defendant [describe negligent act or omission—e.g., “operated a motor vehicle while distracted and failed to maintain a proper lookout”].

4.3 Defendant owed Plaintiff a duty of reasonable care under Idaho law to [state duty—e.g., “operate the vehicle in a prudent manner”].

4.4 Defendant breached that duty when Defendant [specific acts/omissions].

4.5 As a direct and proximate result of Defendant’s breach, Plaintiff sustained serious bodily injuries including, but not limited to, [describe injuries].

4.6 Plaintiff has incurred and will continue to incur Economic Damages in excess of [$$$], and Noneconomic Damages to be proven at trial.

4.7 [If applicable] Defendant’s conduct was oppressive, fraudulent, malicious, or outrageous, entitling Plaintiff to Punitive Damages under Idaho Code § 6-1604.

5. CAUSE OF ACTION – NEGLIGENCE

5.1 Plaintiff realleges and incorporates by reference §§ 1-4 as though fully set forth herein.

5.2 Elements. Plaintiff must prove:
a. A duty of care;
b. Breach of that duty;
c. Causation (both actual and proximate); and
d. Damages.

5.3 Duty & Breach. Defendant owed Plaintiff a duty of reasonable care and breached that duty as described above.

5.4 Causation. Defendant’s breach was the factual and legal cause of Plaintiff’s injuries.

5.5 Damages. Plaintiff suffered damages as set forth in § 6.

5.6 Comparative Fault. Pursuant to Idaho’s comparative-negligence statute, Idaho Code § 6-801 (2023), Plaintiff’s recovery shall be diminished only by any proven percentage of fault attributable to Plaintiff, and barred entirely only if Plaintiff’s negligence, if any, is 50 percent or more.

5.7 Joint & Several Liability. Under Idaho Code § 6-803 (2023), each Defendant is severally liable for its percentage of fault, except as otherwise provided by statute (e.g., concert of action).

6. DAMAGES ALLEGED

6.1 Economic Damages:
a. Past medical expenses: [amount]
b. Future medical expenses: [amount]
c. Past lost wages: [amount]
d. Future loss of earning capacity: [amount]

6.2 Noneconomic Damages: In an amount to be determined by the trier of fact, subject to the cap set forth in Idaho Code § 6-1603 (2023) (currently $250,000 as adjusted for inflation).

6.3 Punitive Damages: To be sought pursuant to Idaho Code § 6-1604, not to exceed the greater of $250,000 or three (3) times the compensatory damages awarded, subject to the Court’s leave under Idaho Rule of Civil Procedure 9(b).

6.4 Pre- and post-judgment interest as allowed by law, costs of suit, and such other relief as the Court deems just.

[// GUIDANCE: If seeking punitive damages, Idaho requires a separate motion after initial pleading showing prima facie entitlement. Consider adding placeholder motion language or separate filing.]

7. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests judgment against Defendant(s) as follows:

A. Economic Damages according to proof at trial;
B. Noneconomic Damages in an amount within the statutory cap;
C. Punitive Damages as permitted by Idaho Code § 6-1604;
D. Costs of suit pursuant to Idaho R. Civ. P. 54(d);
E. Pre- and post-judgment interest under Idaho Code § 28-22-104;
F. Such other and further relief as the Court deems just and proper.

8. DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury on all issues so triable as of right pursuant to Article I, § 7 of the Idaho Constitution and Idaho Rule of Civil Procedure 38.

9. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint to add parties, claims, or prayers for relief as discovery may reveal and as justice requires.

10. VERIFICATION

I, [PLAINTIFF NAME], declare under penalty of perjury pursuant to Idaho Code § 9-1406 that the foregoing is true and correct to the best of my knowledge, information, and belief.

Date: ___ Signature: _________
[PLAINTIFF NAME]

11. CERTIFICATE OF SERVICE

I certify that on the ___ day of ____, 20__, I served a true and correct copy of the foregoing Complaint on the following by the method indicated:

Date: ___ Signature: _________
[ATTORNEY NAME]

ATTORNEY SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]
By: _____
[ATTORNEY NAME] (Idaho Bar No. [_])
[Street Address]
[City, State ZIP]
Telephone: [--]
Email: [____]
Attorneys for Plaintiff

[// GUIDANCE:
1. Check Idaho Code for current inflation-adjusted Noneconomic Damage Cap before filing.
2. If Plaintiff seeks medical liens reduction (Idaho Code § 48-301), address in damages section.
3. Revisit venue if out-of-county defendants exist (Idaho Code § 5-404(2)).
4. Confirm compliance with IRCP 4(b)(2) for summons timing and IRCP 11(a)(1)(B) certification.]