IN THE DISTRICT COURT OF THE [NUMBER] JUDICIAL DISTRICT
OF THE STATE OF MONTANA, IN AND FOR THE COUNTY OF [COUNTY]
[PLAINTIFF FULL LEGAL NAME],
Plaintiff,
v.
[DEFENDANT FULL LEGAL NAME],
Defendant.
Cause No.: [To be assigned]
Dept. No.: [To be assigned]
COMPLAINT FOR PERSONAL INJURY
AND DEMAND FOR JURY TRIAL
[// GUIDANCE: Insert court-filed caption box here if local practice requires.]
TABLE OF CONTENTS
- Document Header and Preliminary Allegations
- Definitions
- Jurisdiction and Venue
- General Factual Allegations
- Count I – Negligence
- Damages Allegations
- Comparative Fault; Several Liability Reservation
- Prayer for Relief
- Demand for Jury Trial
- Verification (Optional)
- Certificate of Service
1. DOCUMENT HEADER AND PRELIMINARY ALLEGATIONS
1.1 Parties
a. Plaintiff [PLAINTIFF] (“Plaintiff”) is an individual domiciled in [County] County, State of Montana.
b. Defendant [DEFENDANT] (“Defendant”) is [an individual / a corporation organized under the laws of ] with its principal residence/place of business in [County & State]___ and doing business in Montana.
1.2 Recitals
a. On [DATE OF ACCIDENT] (the “Accident”), Plaintiff sustained bodily injuries and other damages when [brief description: e.g., Defendant’s vehicle collided with Plaintiff’s vehicle at the intersection of ___ Street].
b. Plaintiff asserts this action to recover compensatory and, where authorized, punitive damages under Montana law.
1.3 Effective Filing
This Complaint is filed pursuant to the Montana Rules of Civil Procedure (“M.R.Civ.P.”) and Montana statutory tort law, including without limitation Mont. Code Ann. Title 27, Chapters 1 & 2 (collectively, “Montana Tort Law”).
2. DEFINITIONS
The following terms, when capitalized, have the meanings set forth below and apply throughout this Complaint:
“Accident” – The incident occurring on [DATE] at or near [LOCATION] giving rise to Plaintiff’s injuries.
“Damages” – All legally compensable losses sustained by Plaintiff, including economic damages, non-economic damages, and, where lawful, punitive damages.
“Fault Allocation” – The determination of percentages of comparative negligence under Mont. Code Ann. § 27-1-702 and several liability pursuant to § 27-1-703.
[// GUIDANCE: Add additional defined terms if the factual setting is complex (e.g., “Subject Vehicle,” “Commercial Carrier”).]
3. JURISDICTION AND VENUE
3.1 Subject-Matter Jurisdiction. This Court has jurisdiction under Mont. Const. art. VII, § 4 and Mont. Code Ann. § 3-5-302 because the amount in controversy exceeds the jurisdictional minimum and the action is not otherwise exclusively vested in another court.
3.2 Personal Jurisdiction. Defendant is subject to personal jurisdiction in Montana because Defendant [resides in / is incorporated in / transacts substantial business in / committed the tortious act within] this State.
3.3 Venue. Venue is proper in [County] County under Mont. Code Ann. § 25-2-122 because [state venue facts—e.g., “the Accident occurred in this county and Defendant resides here”].
4. GENERAL FACTUAL ALLEGATIONS
4.1 On [DATE] at approximately [TIME], Plaintiff was [describe activity, e.g., “driving lawfully northbound on U.S. Hwy 93”].
4.2 Defendant [describe conduct, e.g., “failed to stop at a red light and struck Plaintiff’s vehicle on the driver’s side”].
4.3 Defendant owed Plaintiff and the motoring public a duty to operate the [vehicle / premises] with reasonable care under the circumstances.
4.4 Defendant breached that duty by, inter alia, [examples: “traveling at an excessive rate of speed, failing to keep a proper lookout, and operating a vehicle while distracted”].
4.5 As a direct and proximate result of Defendant’s breach, Plaintiff suffered severe bodily injuries, physical pain, mental anguish, lost wages, loss of earning capacity, medical expenses (past and future), and other Damages.
5. COUNT I – NEGLIGENCE
5.1 Plaintiff realleges paragraphs 1–4 as if fully set forth herein.
5.2 Duty. Defendant owed Plaintiff a duty of ordinary care as defined by Montana negligence standards.
5.3 Breach. Defendant breached that duty through the acts and omissions described above and such additional negligence as discovery may reveal.
5.4 Causation. Defendant’s breach was the actual and proximate cause of Plaintiff’s injuries.
5.5 Damages. Plaintiff has incurred and will continue to incur Damages as set forth in Section 6 below.
5.6 Prayer. Plaintiff is entitled to judgment against Defendant for all Damages recoverable under Montana law.
6. DAMAGES ALLEGATIONS
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 Non-Economic Damages
Pain, suffering, mental anguish, loss of enjoyment of life, and other general damages in an amount to be determined by the trier of fact, subject to any applicable statutory caps.
6.3 Punitive Damages
Pursuant to Mont. Code Ann. § 27-1-220(3), punitive damages shall not exceed the lesser of $10,000,000 or 3% of Defendant’s net worth. Plaintiff expressly pleads punitive damages under § 27-1-220 based on Defendant’s alleged actual fraud or actual malice, to be proven by clear and convincing evidence.
[// GUIDANCE: If this is a medical malpractice action, incorporate Mont. Code Ann. § 25-9-411 non-economic cap ($250,000). Otherwise omit.]
7. COMPARATIVE FAULT; SEVERAL LIABILITY RESERVATION
7.1 Comparative Negligence. Plaintiff denies any contributory negligence. Should Defendant allege comparative fault, Plaintiff pleads the doctrine of modified comparative negligence under Mont. Code Ann. § 27-1-702.
7.2 Several Liability. Pursuant to Mont. Code Ann. § 27-1-703, each Defendant is severally liable only for that percentage of fault allocated by the trier of fact. Plaintiff reserves the right to name additional tort-feasors as discovery progresses.
8. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in Plaintiff’s favor and against Defendant as follows:
a. For all special (economic) damages proven at trial;
b. For all general (non-economic) damages proven at trial;
c. For punitive damages as permitted by Mont. Code Ann. § 27-1-220;
d. For pre- and post-judgment interest as allowed by law;
e. For taxable costs of suit, including reasonable attorney fees where recoverable; and
f. For such other and further relief as the Court deems just and proper.
9. DEMAND FOR JURY TRIAL
Plaintiff hereby demands a trial by jury on all issues triable of right to a jury pursuant to Mont. Const. art. II, § 26 and M.R.Civ.P. 38.
10. VERIFICATION (OPTIONAL)
text
STATE OF MONTANA )
) ss.
COUNTY OF [COUNTY] )
I, [PLAINTIFF NAME], being first duly sworn, depose and state that I have read the foregoing Complaint, know the contents thereof, and believe the same to be true and correct to the best of my knowledge, information, and belief.
[PLAINTIFF NAME]
Subscribed and sworn before me on this ___ day of _, 20.
Notary Public for the State of Montana
Residing at: ____
My Commission Expires: ______
[// GUIDANCE: Verification is not mandatory under M.R.Civ.P. but may be strategically advantageous.]
11. CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Complaint was served on [DATE] upon the following by [method: e.g., U.S. Mail / M.E.C.F.]:
• [DEFENSE COUNSEL NAME & ADDRESS]
DATED this ___ day of _, 20.
[LAW FIRM NAME]
By: ______
[ATTORNEY NAME]
Attorneys for Plaintiff
P.O. Box
City, MT _
Tel:
Email: ___
[// GUIDANCE:
1. Review local rules for formatting (font, margins, page limits).
2. Confirm pre-filing settlement conference or mediation requirements in the chosen county.
3. Insert “Civil Cover Sheet,” “Summons,” and filing fee information per clerk’s instructions.
4. For governmental-entity defendants, add the statutory notice of claim prerequisite (Mont. Code Ann. § 2-9-301 et seq.).]