STATE COURT COMPLAINT – PERSONAL INJURY
(Mississippi – Circuit Court)
[// GUIDANCE: This template is drafted for general negligence–based personal-injury claims filed in a Mississippi Circuit Court. Customize bracketed placeholders and delete all guidance comments prior to filing. Confirm compliance with the Mississippi Rules of Civil Procedure (“MRCP”), local rules of the chosen county, and any standing orders of the presiding judge.]
TABLE OF CONTENTS
- Document Header
- Parties
- Jurisdiction and Venue
- Factual Allegations
- Cause of Action – Negligence
- Damages Sought
- Prayer for Relief
- Jury Demand
- Reservation of Rights & Conditions Precedent
- Verification (optional)
- Certificate of Service
1. DOCUMENT HEADER
IN THE CIRCUIT COURT OF [COUNTY] COUNTY, MISSISSIPPI
Civil Action No.: ____
[PLAINTIFF NAME],
Plaintiff,
v.
[DEFENDANT NAME],
Defendant.
COMPLAINT FOR DAMAGES (PERSONAL INJURY – NEGLIGENCE)
2. PARTIES
-
Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is an adult resident citizen of [County] County, Mississippi, residing at [Plaintiff Address].
-
Defendant [DEFENDANT NAME] (“Defendant”) is a [corporation/individual/LLC/etc.] organized under the laws of [State of Formation] with its principal place of business at [Defendant Address], and may be served with process through [Registered Agent Name & Address OR Personal Service Details].
[// GUIDANCE: Insert additional party paragraphs as necessary—e.g., multiple defendants, fictitious parties under MRCP 9(h) if identities are presently unknown.]
3. JURISDICTION AND VENUE
-
This Court has subject-matter jurisdiction pursuant to Article 6, Section 156 of the Mississippi Constitution and MRCP 2 in that Plaintiff seeks monetary damages for personal injuries exceeding the jurisdictional minimum.
-
Venue is proper in [County] County under Miss. Code Ann. § 11-11-3 because [state venue basis—e.g., Defendant resides here, or the acts/omissions giving rise to the claims occurred here].
-
Defendant is subject to personal jurisdiction in Mississippi because [grounds—e.g., transacting business, committing a tort in the state, maintaining continuous and systematic contacts, etc.] consistent with due-process requirements.
4. FACTUAL ALLEGATIONS
-
On or about [Date of Incident] (the “Incident”), Plaintiff was [location & activity; e.g., lawfully operating a motor vehicle traveling northbound on U.S. Highway 51 near mile-marker [##]].
-
At that same time and place, Defendant [describe conduct—e.g., “operated a 2020 Freightliner tractor-trailer, License No. XXX-###, in a careless, reckless, and negligent manner”].
-
Defendant breached multiple duties of reasonable care including, without limitation:
a. [Specify acts—e.g., failure to maintain proper lookout, speeding, violating § 63-3-501, distracted driving, improper lane change, etc.];
b. [Insert additional breaches as applicable]. -
Defendant’s acts and omissions directly and proximately caused the Incident, resulting in severe personal injuries and damages to Plaintiff as more fully set forth below.
-
Plaintiff neither contributed to nor assumed the risk of the Incident and satisfied all obligations of reasonable care under the circumstances.
[// GUIDANCE: If comparative-fault allegations are anticipated, affirmatively plead facts supporting minimal or zero Plaintiff fault to limit reduction of recovery under Mississippi’s pure comparative-negligence regime.]
5. CAUSE OF ACTION – NEGLIGENCE
-
Plaintiff realleges and incorporates Paragraphs 1 through 10 as if fully set forth herein.
-
Under Mississippi common law, the elements of negligence are duty, breach, causation, and damages. Defendant owed Plaintiff a duty to exercise reasonable care under the circumstances.
-
Defendant breached that duty through the acts and omissions outlined above.
-
Defendant’s breach was the direct and proximate cause of Plaintiff’s injuries, which were foreseeable consequences of Defendant’s misconduct.
-
As a result, Plaintiff suffered and continues to suffer:
a. Past and future medical expenses;
b. Physical pain and suffering;
c. Mental anguish and emotional distress;
d. Permanent impairment and disability;
e. Loss of enjoyment of life;
f. Lost wages and diminished earning capacity; and
g. Other damages to be proven at trial. -
Plaintiff is entitled to recover all legally compensable damages in an amount to be determined by the trier of fact, subject to Mississippi’s statutory caps on noneconomic damages. See Miss. Code Ann. § 11-1-60 (2023).
-
Plaintiff additionally seeks punitive damages if discovery reveals Defendant’s conduct constituted actual malice, gross negligence, or willful, wanton, or reckless disregard for the safety of others, consistent with Miss. Code Ann. § 11-1-65 (2023).
[// GUIDANCE: Plead punitive damages “in the alternative” and in good-faith compliance with MRCP 8 to preserve the claim without prematurely triggering statutory bifurcation under § 11-1-65.]
6. DAMAGES SOUGHT
- Plaintiff demands judgment against Defendant for:
a. Compensatory damages—economic and noneconomic—in an amount exceeding $[VALUE] but not less than the jurisdictional minimum;
b. Punitive damages as allowed by law;
c. Pre-judgment and post-judgment interest at the maximum lawful rate;
d. All costs of court; and
e. Such other and further relief—legal or equitable—as this Court deems just and proper.
[// GUIDANCE: Noneconomic damages for personal-injury claims are capped at $1,000,000 under § 11-1-60; do not specify a dollar figure for pain and suffering—allow the jury to assess within statutory limits.]
7. PRAYER FOR RELIEF
WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that Defendant be duly cited to appear and answer herein, and that upon final trial, Plaintiff recover the damages and relief requested above, together with all general and special relief to which Plaintiff may show just entitlement.
8. JURY DEMAND
- Pursuant to Section 31 of the Mississippi Constitution and MRCP 38, Plaintiff demands a trial by jury on all issues so triable. The requisite jury fee has been tendered contemporaneously with filing.
9. RESERVATION OF RIGHTS & CONDITIONS PRECEDENT
-
All conditions precedent to the institution of this suit have occurred, been performed, or have otherwise been waived.
-
Plaintiff reserves the right to amend this Complaint to assert additional theories of liability, to join additional parties, or to conform to the evidence as justice may require under MRCP 15.
-
To the extent Mississippi’s apportionment statute applies, Plaintiff pleads joint and several liability against any Defendant whose percentage of fault equals or exceeds sixty percent (60%). See Miss. Code Ann. § 85-5-7 (2023).
10. VERIFICATION
[OPTIONAL – use if required by statute or to bolster credibility]
STATE OF MISSISSIPPI
COUNTY OF [COUNTY]
BEFORE ME, the undersigned authority, on this day personally appeared [Plaintiff Name], who, being duly sworn, stated on oath that the factual allegations contained in the foregoing Complaint are within her/his personal knowledge and are true and correct to the best of her/his knowledge and belief.
[PLAINTIFF NAME]
SUBSCRIBED AND SWORN TO before me on this ___ day of __, 20__, by [Plaintiff Name].
Notary Public, State of Mississippi
My Commission Expires: _____
[// GUIDANCE: Verification is not generally required under the MRCP for negligence complaints but may be strategically included.]
11. CERTIFICATE OF SERVICE
I hereby certify that on this the ___ day of __, 20, I caused a true and correct copy of the foregoing Complaint to be served on all counsel of record and/or unrepresented parties via [specify method—e.g., Mississippi Electronic Courts (MEC) system, U.S. Mail, hand delivery] in accordance with MRCP 5.
[ATTORNEY NAME] (MSB No. ______)
Counsel for Plaintiff
SIGNATURE BLOCK
Respectfully submitted this ___ day of __, 20.
[LAW FIRM NAME]
By: _____
[ATTORNEY NAME] (MSB No. ____)
[Street Address]
[City, State Zip]
Phone: [###-###-####]
Fax: [###-###-####]
Email: [Attorney Email]
ATTORNEY FOR PLAINTIFF
[// GUIDANCE: Confirm the attorney’s email address is enrolled in MEC to comply with electronic-service rules. Insert additional counsel signatures if a multi-firm representation.]