IN THE DISTRICT COURT OF [COUNTY] COUNTY, NEBRASKA
[PLAINTIFF FULL LEGAL NAME],
Plaintiff,
v.
[DEFENDANT FULL LEGAL NAME],
Defendant.
Case No. ____
COMPLAINT FOR PERSONAL INJURY AND DEMAND FOR JURY TRIAL
[// GUIDANCE: Nebraska state-court pleadings are governed primarily by Neb. Rev. Stat. §§ 25-801 et seq. and Nebraska Court Rules of Pleading in Civil Actions, §§ 6-1101 et seq. This template is drafted to comply with those provisions while incorporating Nebraska’s comparative-fault regime (§§ 25-21,185.09 – .12) and several-liability structure. All bracketed items must be completed or tailored to the facts of the case before filing.]
TABLE OF CONTENTS
- Parties ............................................................................................... 2
- Jurisdiction and Venue ................................................................ 2
- Factual Allegations ....................................................................... 3
- Cause of Action – Negligence ...................................................... 4
- Damages ....................................................................................... 5
- Comparative Negligence Allegation ........................................... 5
- Reservation of Amendments ...................................................... 6
- Prayer for Relief ............................................................................ 6
- Jury Demand ................................................................................. 7
- Verification / Attorney’s Signature ............................................. 7
1. PARTIES
1.1 Plaintiff. [PLAINTIFF FULL LEGAL NAME] (“Plaintiff”) is an individual residing at [PLAINTIFF ADDRESS], [CITY], Nebraska, and is a citizen of the State of Nebraska.
1.2 Defendant. [DEFENDANT FULL LEGAL NAME] (“Defendant”) is a [corporation/LLC/individual] with its principal place of business at [DEFENDANT ADDRESS], [CITY], Nebraska, and at all relevant times conducted business and/or maintained sufficient minimum contacts in [COUNTY] County, Nebraska.
[OPTIONAL MULTIPLE DEFENDANTS: Insert additional sub-paragraphs identifying each defendant. When pleading against multiple tortfeasors, remember that Nebraska generally imposes several liability; plead joint liability only if facts support intentional conduct or other statutory basis.]
2. JURISDICTION AND VENUE
2.1 Subject-Matter Jurisdiction. This Court has subject-matter jurisdiction over this action pursuant to Neb. Const. art. V, § 9 and Neb. Rev. Stat. § 24-302 because the amount in controversy exceeds the jurisdictional minimum and this is an action for damages arising out of tortious conduct occurring within the State of Nebraska.
2.2 Personal Jurisdiction. Defendant is subject to personal jurisdiction in Nebraska because Defendant [is domiciled in Nebraska / committed the acts and omissions alleged herein in Nebraska / maintains continuous and systematic contacts with Nebraska].
2.3 Venue. Venue is proper in this Court pursuant to Neb. Rev. Stat. § 25-403.01(1)(a) because [the accident occurred / Defendant resides / the cause of action arose] in [COUNTY] County, Nebraska.
3. FACTUAL ALLEGATIONS
3.1 On [DATE] at approximately [TIME], Plaintiff was lawfully present at/on [LOCATION], a premises owned, operated, and/or controlled by Defendant.
3.2 At that time and place, Plaintiff was [describe conduct—e.g., driving northbound in the right-hand lane / walking through an aisle].
3.3 Defendant, by and through its agents, servants, and/or employees acting within the course and scope of their employment, negligently:
a. [Failed to maintain…]
b. [Operated a motor vehicle in violation of ___]
c. [Other negligent acts or omissions].
3.4 As a direct and proximate result of Defendant’s negligence, Plaintiff suffered severe and permanent bodily injuries, including but not limited to [list injuries], incurred medical expenses, lost wages, experienced pain and suffering, and will continue to incur damages into the future.
4. CAUSE OF ACTION — NEGLIGENCE
4.1 Plaintiff realleges and incorporates by reference paragraphs 1 through 3 as though fully set forth herein.
4.2 Duty. At all relevant times, Defendant owed Plaintiff a duty to exercise reasonable care under the circumstances then existing.
4.3 Breach. Defendant breached that duty by the negligent acts and omissions described above.
4.4 Causation. Defendant’s breach was a direct and proximate cause of the injuries and damages sustained by Plaintiff.
4.5 Damages. Plaintiff has suffered and, with reasonable probability, will continue to suffer general and special damages in an amount to be proven at trial.
5. DAMAGES
5.1 Economic Damages. Past and future medical expenses, lost earnings, loss of earning capacity, and out-of-pocket costs, presently estimated at $[AMOUNT].
5.2 Non-Economic Damages. Pain, suffering, mental anguish, loss of enjoyment of life, and other general damages, in an amount to be determined by the jury.
5.3 [OPTIONAL] Statutory Damage Caps.
[// GUIDANCE: Nebraska imposes statutory caps only in specific contexts (e.g., medical malpractice, claims against the State or its political subdivisions). If the defendant is a qualifying healthcare provider or governmental entity, insert the appropriate statutory reference and state that Plaintiff does not seek recovery in excess of the applicable cap. Otherwise delete this paragraph.]
6. COMPARATIVE NEGLIGENCE ALLEGATION
6.1 Plaintiff’s negligence, if any, was less than the negligence of Defendant. Pursuant to Nebraska’s modified comparative-fault scheme (Neb. Rev. Stat. §§ 25-21,185.09 – .12), any damages awarded to Plaintiff shall be diminished only in proportion to Plaintiff’s percentage of fault, if any, provided said percentage is less than or equal to fifty percent (50%).
6.2 Plaintiff affirmatively pleads that Defendant’s acts and omissions substantially exceeded any alleged negligence on the part of Plaintiff and were a direct and proximate cause of Plaintiff’s injuries.
7. RESERVATION OF AMENDMENTS
7.1 Plaintiff reserves the right, pursuant to Nebraska Court Rules of Pleading, to amend this Complaint to conform to the evidence, add additional parties, and assert additional causes of action as discovery may reveal.
8. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that judgment be entered in favor of Plaintiff and against Defendant as follows:
A. For compensatory damages in amounts to be proven at trial and consistent with any applicable statutory limitations;
B. For pre-judgment and post-judgment interest as allowed by law;
C. For Plaintiff’s costs incurred herein;
D. For such other and further relief as the Court deems just and equitable.
9. DEMAND FOR JURY TRIAL
Pursuant to the Seventh Amendment to the U.S. Constitution and Article I, § 6 of the Nebraska Constitution, and Neb. Rev. Stat. § 25-1104, Plaintiff hereby demands a trial by jury on all issues so triable.
10. VERIFICATION / ATTORNEY’S SIGNATURE
Respectfully submitted this ___ day of ____, 20__.
plaintext
[LAW FIRM NAME]
By: _____
[ATTORNEY NAME], # [Bar Number]
[Street Address]
[City, State ZIP]
Telephone: [__]
Email: [__]
ATTORNEYS FOR PLAINTIFF
[// GUIDANCE: Nebraska requires either a party verification (§ 25-842) or an attorney’s certificate under Neb. Ct. R. Disc. § 6-1111(b) that reasonable inquiry has been made. Insert the appropriate verification paragraph or certificate immediately above the signature block.]
OPTIONAL EXHIBITS
• Exhibit A – Photographs of Accident Scene
• Exhibit B – Medical Records Summary
• Exhibit C – Economic Damages Calculation
[// GUIDANCE: Attach only documents necessary to comply with Rule 8 notice-pleading standards and to avoid unnecessary disclosure of sensitive information. Redact personally identifiable data under Neb. Ct. R. § 6-1464.]
End of Complaint