STATE OF NORTH CAROLINA
[COUNTY NAME] COUNTY
IN THE GENERAL COURT OF JUSTICE
[SUPERIOR] COURT DIVISION
File No. ______
[PLAINTIFF FULL LEGAL NAME],
Plaintiff,
v.
[DEFENDANT FULL LEGAL NAME(S)],
Defendant(s).
COMPLAINT FOR PERSONAL INJURY – NEGLIGENCE
JURY TRIAL DEMANDED
[// GUIDANCE: This template follows the North Carolina Rules of Civil Procedure (“N.C. R. Civ. P.”) and is drafted for a typical negligence-based personal-injury action. All bracketed text must be reviewed and customized by counsel.]
TABLE OF CONTENTS
- Parties & Caption
- Jurisdiction & Venue
- Preliminary Statement
- Factual Allegations
- First Cause of Action – Negligence
- Damages Allegations
- Reservation of Rights & Amendment
- Jury Demand
- Prayer for Relief
- Certification of Compliance (Rule 11)
- Verification
- Certificate of Service
1. PARTIES & CAPTION
1.1 Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is a resident and citizen of [County] County, North Carolina and is competent to bring this action.
1.2 Defendant [DEFENDANT NAME] (“Defendant”) is a [corporation/LLC/individual/etc.] organized and existing under the laws of [State of Organization], with its principal place of business in [City, State], and transacting business in North Carolina at all relevant times.
1.3 Upon information and belief, Defendant may be served with process through [Registered Agent Name & Address OR Individual Address].
[// GUIDANCE: Add additional Defendant paragraphs as needed for multiple tortfeasors; joint-and-several liability language appears in Section 6.]
2. JURISDICTION & VENUE
2.1 This Court has subject-matter jurisdiction pursuant to N.C. Gen. Stat. § 7A-240 et seq. because the amount in controversy exceeds $25,000.
2.2 Venue is proper in [County] County under N.C. Gen. Stat. § 1-79 because the cause of action arose here and/or Defendant resides or conducts substantial business here.
2.3 This Court has personal jurisdiction over Defendant because Defendant [is domiciled in/maintains continuous and systematic contacts with/performs substantial business in] North Carolina, and the acts complained of occurred within the state.
3. PRELIMINARY STATEMENT
3.1 This is an action for personal injuries sustained by Plaintiff as a direct and proximate result of Defendant’s negligence.
3.2 Plaintiff seeks compensatory damages and punitive damages subject to North Carolina statutory limitations, including the cap contained in N.C. Gen. Stat. § 1D-25(a) (2023).
4. FACTUAL ALLEGATIONS
4.1 On [Date], at approximately [Time], Plaintiff was [describe location and activity, e.g., “lawfully operating a motor vehicle traveling northbound on Main Street”] in [City, County, NC].
4.2 At that same time and place, Defendant [describe negligent act/omission, e.g., “failed to stop at a red traffic signal and collided with Plaintiff’s vehicle”].
4.3 Defendant owed Plaintiff a duty of reasonable care under the circumstances, including but not limited to [statutory/regulatory duties, if clearly applicable].
4.4 Defendant breached that duty by, inter alia:
(a) [Specific negligent act #1];
(b) [Specific negligent act #2]; and
(c) Such other acts and omissions as discovery may reveal.
4.5 As a direct and proximate result of Defendant’s breach, Plaintiff sustained serious bodily injuries, economic losses, and noneconomic damages detailed below.
4.6 Plaintiff was at all times exercising due care and did not contribute to the occurrence of the incident. Plaintiff expressly pleads that any allegation of contributory negligence by Defendant is unfounded.
5. FIRST CAUSE OF ACTION – NEGLIGENCE
(Against All Defendants)
5.1 Plaintiff realleges and incorporates by reference the preceding paragraphs.
5.2 Defendant owed Plaintiff a legal duty of reasonable care.
5.3 Defendant breached that duty through the acts and omissions described herein.
5.4 Defendant’s breach directly and proximately caused Plaintiff’s injuries and damages.
5.5 Plaintiff is therefore entitled to recover damages in an amount to be determined by a jury, including:
(a) Past and future medical expenses;
(b) Past and future lost wages and diminished earning capacity;
(c) Permanent impairment and disfigurement;
(d) Pain, suffering, and emotional distress;
(e) Property damage; and
(f) Punitive damages as permitted under N.C. Gen. Stat. ch. 1D, subject to the cap in N.C. Gen. Stat. § 1D-25(a).
[// GUIDANCE: If punitive damages are sought, ensure factual basis satisfies “willful or wanton” misconduct under § 1D-15. Omit if not applicable.]
6. DAMAGES ALLEGATIONS
6.1 Pursuant to North Carolina’s joint-and-several liability doctrine, each Defendant is individually and jointly liable for the entire amount of Plaintiff’s damages.
6.2 Plaintiff’s damages exceed [$25,000/$75,000/Insert Estimated Amount] and will be proven with specificity at trial.
6.3 Plaintiff also seeks pre- and post-judgment interest and taxable costs as allowed by law.
7. RESERVATION OF RIGHTS & AMENDMENT
7.1 Plaintiff reserves the right to amend this Complaint to add additional parties, claims, and factual allegations as discovery progresses, pursuant to N.C. R. Civ. P. 15.
8. JURY DEMAND
8.1 Plaintiff demands a trial by jury on all issues so triable as a matter of right under Article I, § 25 of the North Carolina Constitution and N.C. R. Civ. P. 38.
9. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully prays that the Court:
1. Enter judgment in favor of Plaintiff and against Defendant, jointly and severally, for compensatory damages in an amount to be determined by the jury;
2. Award punitive damages consistent with N.C. Gen. Stat. ch. 1D and subject to the statutory cap;
3. Award pre-judgment and post-judgment interest as provided by law;
4. Tax the costs of this action against Defendant;
5. Award such other and further relief as the Court deems just and proper.
10. CERTIFICATION OF COMPLIANCE (N.C. R. Civ. P. 11)
The undersigned counsel certifies that he/she has read the foregoing Complaint and that to the best of his/her knowledge, information, and belief, formed after reasonable inquiry, it is well-grounded in fact and 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.
Date: ___ __[Month] [Day], [Year]___
[LAW FIRM NAME]
By: _____
[ATTORNEY NAME], N.C. State Bar No. ____
[Street Address]
[City, State Zip]
Telephone: [###-###-####]
Email: [[email protected]]
Counsel for Plaintiff
11. VERIFICATION
STATE OF NORTH CAROLINA
COUNTY OF [COUNTY]
I, [Plaintiff Name], being first duly sworn, depose and say that I am the Plaintiff in the foregoing action, that I have read the foregoing Complaint and know the contents thereof, and that the same is true to my own knowledge except as to those matters stated on information and belief, and as to those, I believe them to be true.
[PLAINTIFF NAME]
Sworn to and subscribed before me
this ___ day of _, 20_.
Notary Public
My Commission Expires: ____
[// GUIDANCE: Verification is optional in NC but recommended when damages are substantial or factual allegations may be challenged. Remove if not desired.]
12. CERTIFICATE OF SERVICE
I hereby certify that on the ___ day of _, 20_, a copy of the foregoing Complaint was served upon Defendant(s) by [method of service: hand delivery / certified mail, return receipt requested / designated delivery service / other authorized method under N.C. R. Civ. P. 4] addressed as follows:
[Defendant/Defendant’s Counsel]
[Address]
[ATTORNEY NAME]
[// GUIDANCE:
1. File a civil summons (AOC-CV-100) concurrently with this Complaint.
2. Check local county rules for case assignment (Superior vs. District).
3. Consider early mediation per N.C. Gen. Stat. § 7A-38.1 and local court orders.
4. If the claim involves motor vehicles, review any applicable insurance notice requirements.
5. Be mindful of the three-year statute of limitations for personal injury (N.C. Gen. Stat. § 1-52(16)).]
END OF DOCUMENT