STATE COURT COMPLAINT – PERSONAL INJURY
Jurisdiction: Illinois (Circuit Court)
(Draft Template – For Attorney Customization and Filing)
[// GUIDANCE: This is a litigation document. The contract-style “Representations & Warranties,” “Covenants,” etc. requested in the generic architecture are not applicable to a pleading. The structure below tracks Illinois pleading practice under 735 ILCS 5/2-603 & 2-604 and Supreme Court Rules 137, 222, and 216. Statutory citations are included only where accuracy is certain and foundational.]
TABLE OF CONTENTS
- Caption
- Preliminary Statement
- Parties
- Jurisdiction & Venue
- Factual Allegations
- Count I – Negligence
- Damages Allegations & Illinois-Specific Damage Rules
- Prayer for Relief
- Jury Demand
- Rule 222(b) Monetary Threshold Statement
- Attorney’s Rule 137 Certification
- Verification (Optional/If Required by Local Rule)
1. CAPTION
IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ILLINOIS
[PLAINTIFF NAME],
Plaintiff,
v. Case No.: [_____]
[DEFENDANT NAME(S)],
Defendant(s). Jury Demand ☒
2. PRELIMINARY STATEMENT
Plaintiff, [PLAINTIFF NAME] (“Plaintiff”), by and through undersigned counsel, brings this Complaint against Defendant(s), [DEFENDANT NAME(S)] (“Defendant[s]”), for personal injuries sustained as a direct and proximate result of Defendants’ negligence, and alleges as follows:
3. PARTIES
3.1 Plaintiff. Plaintiff is an individual domiciled in the State of Illinois, residing at [ADDRESS], and is a citizen of Illinois for all purposes.
3.2 Defendant [1]. [DEFENDANT 1] is a [corporation/LLC/individual/etc.] organized under the laws of [STATE] with its principal place of business at [ADDRESS] and, at all material times, conducted substantial business in Illinois.
3.3 Additional Defendants. [Add similar paragraphs for each Defendant.]
4. JURISDICTION & VENUE
4.1 Subject-Matter Jurisdiction. This Court has jurisdiction under 735 ILCS 5/2-101 et seq. because this is a civil action for damages exceeding $50,000.
4.2 Personal Jurisdiction. Defendants are subject to personal jurisdiction under 735 ILCS 5/2-209(a) and (b) because they [reside in / are present in / transact business in / committed tortious acts in] Illinois.
4.3 Venue. Venue is proper in [COUNTY] County under 735 ILCS 5/2-101 because [the transaction occurred here / one or more Defendants reside here / Plaintiff resides here and no other proper venue exists].
5. FACTUAL ALLEGATIONS
5.1 On or about [DATE], at approximately [TIME], Plaintiff was lawfully present at [LOCATION].
5.2 At that time and place, Defendant [NAME] [describe negligent act or omission, e.g., “operated a motor vehicle while distracted”].
5.3 Defendant owed Plaintiff a duty of reasonable care to [e.g., maintain proper control of the vehicle, keep the premises safe].
5.4 Defendant breached that duty by [specific negligent conduct].
5.5 As a direct and proximate result of Defendant’s breach, Plaintiff suffered serious bodily injuries, including but not limited to [LIST INJURIES], incurred medical expenses, lost wages, pain and suffering, disability, and loss of normal life.
5.6 Plaintiff’s damages are continuing and may be permanent.
6. COUNT I – NEGLIGENCE
6.1 Plaintiff realleges and incorporates by reference ¶¶ 1–5.
6.2 Duty. Defendants owed Plaintiff a duty to exercise that degree of care which a reasonably careful [person/business] would use under similar circumstances.
6.3 Breach. Defendants breached that duty by the acts and omissions described above.
6.4 Causation. Defendants’ breach was the factual and legal (proximate) cause of Plaintiff’s injuries.
6.5 Damages. Plaintiff sustained the injuries and damages set forth in ¶5.5.
6.6 Joint & Several Liability Notice. Pursuant to 735 ILCS 5/2-1117, any Defendant found to be 25 percent or more of the total proximate cause of Plaintiff’s injuries is jointly and severally liable for the plaintiff’s medical and medically-related expenses, and jointly liable with other such defendants for all other recoverable damages. Otherwise, liability is several only.
6.7 Comparative Fault. Plaintiff’s recovery, if any, is subject to reduction, but not barred, under Illinois’ modified comparative fault statute, 735 ILCS 5/2-1116, should the trier of fact allocate fault to Plaintiff not exceeding 50 percent.
WHEREFORE, Plaintiff requests judgment against Defendants as set forth in the Prayer for Relief.
7. DAMAGES ALLEGATIONS & ILLINOIS-SPECIFIC DAMAGE RULES
7.1 Compensatory Damages. Plaintiff seeks past and future:
(a) Medical expenses;
(b) Lost income and diminished earning capacity;
(c) Pain and suffering;
(d) Emotional distress;
(e) Disability and loss of a normal life; and
(f) Any other damages recoverable under Illinois law.
7.2 Punitive Damages. Plaintiff reserves the right to seek punitive damages pursuant to 735 ILCS 5/2-604.1, subject to leave of Court and proof of willful and wanton misconduct.
7.3 Damage Caps. Illinois imposes no statutory cap on compensatory damages in personal-injury actions. Any reference to “state_damage_caps” in preceding metadata is inapplicable to compensatory damages but may apply to punitive damages if allowed.
7.4 Pre-Judgment Interest. Plaintiff seeks prejudgment interest under 815 ILCS 205/2 from the date of injury or as otherwise permitted.
8. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendants, jointly and severally as allowed by law, awarding:
A. Compensatory damages in an amount exceeding $50,000 and to be proven at trial;
B. Punitive damages as the Court may allow;
C. Pre-judgment and post-judgment interest;
D. Costs of suit and such further relief as the Court deems just and proper.
9. JURY DEMAND
Pursuant to Article I, §13 of the Illinois Constitution and 735 ILCS 5/2-1105, Plaintiff demands trial by jury on all issues so triable.
10. RULE 222(b) MONETARY THRESHOLD STATEMENT
Pursuant to Illinois Supreme Court Rule 222(b), Plaintiff hereby states that the amount of money damages sought exceeds $50,000, exclusive of interest and costs.
11. ATTORNEY’S RULE 137 CERTIFICATION
The undersigned attorney certifies, pursuant to Ill. Sup. Ct. R. 137, that to the best of his/her knowledge, information, and belief, formed after reasonable inquiry, this pleading is well-grounded in fact and warranted by existing law and is not interposed for any improper purpose.
12. VERIFICATION
[OPTIONAL – include if local rules require verified complaints or if Plaintiff prefers.]
SIGNATURE BLOCK
Respectfully submitted,
[ATTORNEY NAME] (#ARDC No. [_____])
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Plaintiff
[// GUIDANCE:
1. Service – Attach a Summons per 735 ILCS 5/2-201 and Supreme Court Rules 101-114.
2. Section 2-604 Statement – If punitive damages are sought, file a separate motion for leave under 735 [// GUIDANCE (continued):
2. Punitive Damages Motion – Under 735 ILCS 5/2-604.1, a prayer for punitive damages requires leave of court supported by a verified motion demonstrating a reasonable likelihood of proving willful and wanton misconduct. Do not plead punitive damages in the ad damnum clause until leave is granted.
3. Affidavit of Merit (Medical Malpractice Only) – If this action involves healing-art malpractice, comply with 735 ILCS 5/2-622 by filing the requisite affidavit and health-professional report.
4. Joint & Several Liability Strategy – Consider targeted discovery to allocate at least 25 % fault to each solvent Defendant to secure joint liability under 735 ILCS 5/2-1117.
5. Comparative Fault Pleadings – Anticipate affirmative defenses under 735 ILCS 5/2-613(d). Be prepared with affirmative replies and Rule 213(f)(3) opinion witnesses on accident reconstruction, economics, and medical causation.]