IN THE DISTRICT COURT OF [COUNTY] COUNTY, STATE OF NORTH DAKOTA
[Judicial District]
[PLAINTIFF FULL LEGAL NAME],
Plaintiff,
v.
Civil No. ____
[DEFENDANT 1 FULL LEGAL NAME],
[DEFENDANT 2 FULL LEGAL NAME], et al.,
Defendants.
VERIFIED COMPLAINT FOR PERSONAL INJURY
AND DEMAND FOR JURY TRIAL
[// GUIDANCE: Replace all bracketed placeholders before filing. Verify the correct judicial district, county, and caption format under N.D. R. Ct. 3.1.]
TABLE OF CONTENTS
- Parties .............................................................................................................. 2
- Jurisdiction and Venue .............................................................................. 2
- Factual Allegations ...................................................................................... 3
- Cause of Action — Negligence ................................................................. 4
- Damages ........................................................................................................ 5
- Prayer for Relief .......................................................................................... 6
- Demand for Jury Trial .............................................................................. 7
- Attorney Certification ............................................................................... 7
- Verification ................................................................................................... 7
1. PARTIES
1.1 Plaintiff. [PLAINTIFF FULL LEGAL NAME] (“Plaintiff”) is an individual domiciled in [CITY], [COUNTY] County, North Dakota.
1.2 Defendants. [Identify each defendant separately: full legal name, state of incorporation/organization if an entity, and principal place of business or residence.]
[// GUIDANCE: If any defendant is unknown at filing, plead “John Doe” defendants consistent with North Dakota practice and amend when identities are discovered.]
2. JURISDICTION AND VENUE
2.1 Subject-Matter Jurisdiction. This Court possesses subject-matter jurisdiction over this civil action because it involves claims for personal injuries arising under North Dakota tort law and the amount in controversy exceeds [$50,000] exclusive of interest and costs.
2.2 Personal Jurisdiction. Each Defendant is subject to personal jurisdiction in North Dakota because [state basis — e.g., domicile, business operations, commission of tortious act in ND, etc.].
2.3 Venue. Venue is proper in this Court under North Dakota law because [county] is (a) the county where the cause of action arose, (b) where the injury occurred, and/or (c) where at least one Defendant resides or has its principal place of business.
2.4 Governing Law. The substantive issues herein are governed by the tort laws of the State of North Dakota, including its comparative-fault and damages statutes.
3. FACTUAL ALLEGATIONS
3.1 At all relevant times, Defendant(s) owed Plaintiff and the public at large a duty to exercise reasonable care in [describe activity — e.g., operating a motor vehicle, maintaining premises, manufacturing product, etc.].
3.2 On or about [DATE], at approximately [TIME], Defendant(s) [describe negligent act/omission with specificity: location, conduct, surrounding circumstances].
3.3 Defendant(s) breached the foregoing duty of care by, inter alia, [list specific negligent acts or omissions].
3.4 As a direct and proximate result of Defendant(s)’ negligence, Plaintiff suffered severe bodily injuries, including but not limited to [list injuries], has incurred medical expenses, lost wages, experienced pain, suffering, mental anguish, disability, loss of enjoyment of life, and other damages.
3.5 Plaintiff’s injuries and damages are continuing in nature and will require future medical treatment and care.
[// GUIDANCE: Attach photographs, medical records, accident reports, or other evidentiary exhibits as separate filings if required by local rule; reference them here as “Exhibit A,” “Exhibit B,” etc.]
4. CAUSE OF ACTION — NEGLIGENCE
4.1 Plaintiff realleges and incorporates by reference Paragraphs 1.1 through 3.5 as though fully set forth herein.
4.2 Duty. Defendant(s) owed Plaintiff a duty to exercise reasonable care under circumstances then and there existing.
4.3 Breach. Defendant(s) breached that duty by [recite specific negligent conduct].
4.4 Causation. Defendant(s)’ breach was the direct, proximate, and substantial factor causing Plaintiff’s injuries.
4.5 Damages. Plaintiff has suffered and will continue to suffer damages as set forth in Section 5 below.
4.6 Comparative Fault & Joint Liability. To the extent any Defendant contends that another person or entity bears fault, Defendant(s) have the burden of pleading and proving such comparative fault. Plaintiff pleads that any Defendant whose fault is determined to meet or exceed the statutory threshold or who acted in concert with another tortfeasor is jointly and severally liable for the full amount of Plaintiff’s damages as permitted under North Dakota law.
5. DAMAGES
Plaintiff seeks recovery of all damages allowed by North Dakota law, including without limitation:
a. Past and future medical expenses;
b. Past and future lost wages and loss of earning capacity;
c. Past and future pain, suffering, mental anguish, and emotional distress;
d. Past and future loss of enjoyment of life;
e. Permanent impairment and disfigurement;
f. Property damage (if applicable);
g. Pre-judgment and post-judgment interest at the maximum rate allowed by law;
h. Costs of suit; and
i. Any other relief the Court deems just and proper.
[// GUIDANCE: North Dakota imposes statutory caps only in certain categories (e.g., noneconomic damages in medical-malpractice cases). Verify whether any specialized cap applies to your case type and, if so, plead in the alternative that damages be awarded up to the maximum allowable amount.]
6. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in Plaintiff’s favor and against Defendant(s), jointly and severally where permitted, awarding:
- Compensatory damages in an amount to be determined at trial;
- Interest, costs, and disbursements as allowed by law; and
- Such other and further relief as the Court finds equitable and just.
7. DEMAND FOR JURY TRIAL
Pursuant to Article I, § 13 of the North Dakota Constitution and N.D. R. Civ. P. 38, Plaintiff hereby demands trial by jury on all issues so triable.
8. ATTORNEY CERTIFICATION
The undersigned, as counsel for Plaintiff, certifies that to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, this pleading is not presented for any improper purpose, the claims are warranted by existing law or a non-frivolous argument for its modification, and all factual contentions have evidentiary support or will likely have such support after discovery.
Dated: [DATE]
Respectfully submitted,
[LAW FIRM NAME]
By: _____
[ATTORNEY NAME], ND Bar #__
[Street Address]
[City, ND ZIP]
Telephone: [] -____
Email: [email protected]
Counsel for Plaintiff
9. VERIFICATION
I, [PLAINTIFF NAME], being first duly sworn, state that I am the Plaintiff in the above-captioned matter; that I have read the foregoing Verified Complaint or had it read to me; and that the facts contained therein are true and correct to the best of my knowledge, information, and belief.
Dated: [DATE]
[PLAINTIFF NAME], Plaintiff
Subscribed and sworn to before me on this ___ day of ____, 20__, by [PLAINTIFF NAME].
Notary Public for the State of North Dakota
My commission expires: ____
[// GUIDANCE: Verify local notarization requirements. Some North Dakota courts accept unsworn declarations under penalty of perjury pursuant to N.D. Century Code § 31-15-05; amend accordingly if preferred.]
OPTIONAL EXHIBIT INDEX
(Attach separately if applicable)
• Exhibit A — Accident Report
• Exhibit B — Medical Records Summary
• Exhibit C — Photographs of Scene and Injuries
[// GUIDANCE:
1. Service of Process — Ensure proper service in compliance with N.D. R. Civ. P. 4.
2. Scheduling — Upon filing, calendar deadlines under N.D. R. Civ. P. 16 and local scheduling orders.
3. Comparative Fault Identification — Send early discovery to identify additional tortfeasors and preserve contribution claims.
4. Damage Cap Research — Confirm whether the claim type (e.g., medical malpractice) triggers statutory caps or expert-affidavit requirements.
5. Preservation of Evidence — Issue litigation-hold letters to Defendants and third parties.]