[// GUIDANCE: This template is drafted for use in Minnesota District Court
personal-injury actions sounding in negligence. It reflects
Minnesota’s comparative-fault regime (Minn. Stat. § 604.01),
joint-and-several liability limitations (Minn. Stat. § 604.02),
and statutory damage caps applicable to public entities
(Minn. Stat. §§ 3.736 & 466.04). Practitioners should tailor
bracketed items and confirm venue-specific filing rules, page
limits, and signature requirements. ]
STATE OF MINNESOTA
DISTRICT COURT
[COUNTY] JUDICIAL DISTRICT
Court File No. _______
[PLAINTIFF NAME(S)],
Plaintiff[s],
v.
[DEFENDANT NAME(S)],
Defendant[s].
COMPLAINT FOR PERSONAL INJURY
JURY TRIAL DEMANDED
[// GUIDANCE: Minn. R. Civ. P. 38 preserves the constitutional right to a jury.
Omit the jury demand only with informed client consent.]
TABLE OF CONTENTS
- Parties ....................................................................... 2
- Jurisdiction & Venue ........................................................... 2
- Definitions .................................................................... 3
- General Allegations ............................................................ 4
- Cause of Action – Negligence ................................................... 5
- Damages ........................................................................ 6
- Comparative Fault & Joint Liability Allegations ............................... 7
- Conditions Precedent ........................................................... 7
- Prayer for Relief .............................................................. 8
- Jury Demand ................................................................... 9
- Verification & Rule 11 Certification ......................................... 9
- Signature Block ............................................................... 10
- Acknowledgment of Service (optional) ......................................... 10
1. PARTIES
1.1 Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is a natural person residing at
[STREET ADDRESS], [CITY], Minnesota [ZIP].
1.2 Defendant [DEFENDANT NAME] (“Defendant”) is [an individual/a Minnesota business corporation/other] with its principal place of business at [ADDRESS].
[// GUIDANCE: If a public entity, insert governing statute and notice-of-claim compliance.]
2. JURISDICTION & VENUE
2.1 This Court has subject-matter jurisdiction under Minn. Const. art. VI and Minn. Stat. § 484.01.
2.2 Venue is proper in [COUNTY] County under Minn. Stat. § 542.09 because
(a) the cause of action arose in this county and/or
(b) Defendant resides, is domiciled, or transacts business here.
2.3 The amount in controversy exceeds $15,000, exclusive of interest and costs, thereby placing the matter within this Court’s civil jurisdictional threshold.
3. DEFINITIONS
For ease of reference, the following capitalized terms have the meanings set forth below:
“Accident” – The incident occurring on [DATE OF ACCIDENT] at or near [LOCATION] giving rise to Plaintiff’s injuries.
“Applicable Damage Cap” – Any statutory limitation on recoverable damages, including but not limited to caps under Minn. Stat. §§ 3.736 or 466.04 when Defendant is a governmental entity.
“Comparative Fault” – Allocation of fault in accordance with Minn. Stat. § 604.01.
“Joint Liability Rules” – The joint-and-several liability framework of Minn. Stat. § 604.02.
[// GUIDANCE: Expand or delete definitions to fit fact pattern.]
4. GENERAL ALLEGATIONS
4.1 On or about [DATE OF ACCIDENT] at approximately [TIME], Plaintiff was lawfully present at/on [LOCATION].
4.2 At that time and place, Defendant owed Plaintiff a duty of reasonable care, including but not limited to [describe specific duties: e.g., maintaining safe premises, obeying traffic control devices].
4.3 Defendant breached said duties by, inter alia:
a. [SPECIFIC ACT OR OMISSION #1];
b. [SPECIFIC ACT OR OMISSION #2]; and
c. Any other negligent acts to be proven at trial.
4.4 As a direct and proximate result of Defendant’s negligence, Plaintiff sustained serious bodily injuries, including but not limited to [LIST INJURIES], has undergone medical treatment, incurred expenses, and experienced pain, suffering, disability, emotional distress, and loss of earning capacity.
5. CAUSE OF ACTION – NEGLIGENCE
5.1 Plaintiff realleges and incorporates by reference ¶¶ 1.1–4.4 as though fully set forth herein.
5.2 Duty. Defendant owed Plaintiff a duty to exercise reasonable care under the circumstances.
5.3 Breach. Defendant breached that duty through the negligent acts and omissions described above.
5.4 Causation. Defendant’s breach was a direct and proximate cause of Plaintiff’s injuries and damages.
5.5 Damages. Plaintiff has suffered the damages set forth in § 6, for which Defendant is liable under Minnesota law.
6. DAMAGES
6.1 Past Medical Expenses …………………………………………. $[_]
6.2 Future Medical Expenses ……………………………………… $[_]
6.3 Past Lost Wages ………………………………………………… $[_]
6.4 Future Loss of Earning Capacity ……………………………… $[_]
6.5 Pain, Suffering & Emotional Distress ………………………… $[_]
6.6 Permanent Disability/Disfigurement ………………………… $[_]
6.7 Property Damage (if any) ……………………………………… $[__]
6.8 Pre- and Post-Judgment Interest as allowed by Minn. Stat. § 549.09.
6.9 Costs and disbursements pursuant to Minn. R. Civ. P. 54.
[// GUIDANCE: Omit punitive damages at this stage. Under Minn. Stat. § 549.20, punitive damages require court permission after prima facie showing.]
6.10 To the extent an Applicable Damage Cap limits recovery, Plaintiff pleads alternatively, without waiver of constitutional challenges, that recovery be awarded in the maximum amount permitted by statute.
7. COMPARATIVE FAULT & JOINT LIABILITY ALLEGATIONS
7.1 Plaintiff’s contributory fault, if any, is less than the combined fault of all defendants, third-party defendants, and non-parties, and therefore does not bar recovery under Minn. Stat. § 604.01.
7.2 Under Minn. Stat. § 604.02, each Defendant found to be (a) fifty percent (50 %) or more at fault, or (b) in concert with others, is jointly and severally liable for the full amount of recoverable damages.
7.3 Defendants whose fault is less than fifty percent (50 %) are jointly liable for the categories of damages specified in § 604.02, subd. 1(b), up to the statutory monetary limits, and severally liable for all other damages in proportion to their fault.
8. CONDITIONS PRECEDENT
8.1 All conditions precedent to the filing of this action have been satisfied, waived, or excused, including service of any required notices under Minn. Stat. §§ 3.736 or 466.05, if applicable.
9. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in Plaintiff’s favor and against Defendant as follows:
A. Awarding compensatory damages in an amount proven at trial;
B. Awarding interest, costs, and disbursements as allowed by law;
C. Granting such other and further relief as the Court deems just and equitable.
10. JURY DEMAND
Plaintiff demands a trial by jury on all issues so triable.
11. VERIFICATION & RULE 11 CERTIFICATION
I, [PLAINTIFF NAME], being first duly sworn, state that I have read the foregoing Complaint, know the contents thereof, and that the same is true and correct to the best of my knowledge, information, and belief.
Dated: ___, 20__.
[PLAINTIFF NAME], Plaintiff
Attorney certification pursuant to Minn. R. Civ. P. 11:
The undersigned certifies that to the best of counsel’s knowledge, information, and belief, formed after reasonable inquiry, this pleading is well-grounded in fact and is warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, and is not interposed for any improper purpose.
Dated: ___, 20__.
12. SIGNATURE BLOCK
Respectfully submitted,
[ATTORNEY NAME] (License No. [__])
[LAW FIRM NAME]
[STREET ADDRESS]
[CITY], MN [ZIP]
Telephone: ([]) -____
Email: [EMAIL ADDRESS]
Attorney for Plaintiff
13. ACKNOWLEDGMENT OF SERVICE (Optional)
I acknowledge receipt of a copy of this Complaint on ___, 20__.
[DEFENDANT/DEFENDANT’S COUNSEL]