Legal Disclaimer
This template is provided for general informational purposes only and does not constitute, and should not be relied upon as, legal advice. Use of this template does not create an attorney–client relationship. New Hampshire procedural and substantive laws change and may apply differently to particular facts. You must consult a qualified New Hampshire attorney and the current New Hampshire Superior Court Civil Rules before filing any pleading based on, or adapted from, this form.
COMPLAINT FOR PERSONAL INJURY (NEW HAMPSHIRE SUPERIOR COURT)
[// GUIDANCE: Replace every bracketed, ALL-CAPS placeholder before filing. Cross-check all statutory references for currency. Remove all guidance comments prior to submission.]
TABLE OF CONTENTS
- Document Header (Caption)
- Parties, Jurisdiction, and Venue
- Factual Allegations
- Causes of Action
4.1 Negligence (Count I)
4.2 [OPTIONAL] Negligence Per Se (Count II)
4.3 [OPTIONAL] Recklessness / Enhanced Compensatory Damages (Count III) - Damages
- Reservation of Rights
- Demand for Jury Trial
- Prayer for Relief
- Verification & Certification
- Signature Block
1. DOCUMENT HEADER (CAPTION)
STATE OF NEW HAMPSHIRE
[COUNTY] SUPERIOR COURT
[PLAINTIFF NAME],
Plaintiff,
v. Docket No.: ____
[DEFENDANT NAME(S)],
Defendant(s).
COMPLAINT FOR PERSONAL INJURY
(Jury Trial Demanded)
2. PARTIES, JURISDICTION, AND VENUE
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Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is an individual residing at [ADDRESS], County of [COUNTY], State of [STATE].
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Defendant [DEFENDANT NAME] (“Defendant”) is a [CORPORATION/PERSON] with a principal place of business/residence at [ADDRESS].
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Jurisdiction is proper under N.H. Rev. Stat. Ann. (“RSA”) § 491:7 because the amount in controversy exceeds $1,500 and involves a civil action cognizable in this Court.
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Venue lies in this Court pursuant to RSA § 507:9 because the cause of action arose in [COUNTY] and/or Defendant resides or has its principal place of business in this county.
[// GUIDANCE: For governmental or municipal defendants, insert RSA § 507-B venue provisions.]
3. FACTUAL ALLEGATIONS
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On or about [DATE], at approximately [TIME] a.m./p.m., Plaintiff was lawfully present at [LOCATION], a premises owned/operated/maintained by Defendant.
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At that time and place, Defendant, through its agents, servants, and/or employees, negligently [DESCRIBE ACT OR OMISSION—e.g., “allowed ice to accumulate on a walkway without proper treatment”].
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Defendant owed Plaintiff a duty to exercise reasonable care under the circumstances, including but not limited to [SPECIFY DUTIES—e.g., keeping the premises reasonably safe, warning of hidden dangers].
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Defendant breached that duty when it [SPECIFIC BREACH].
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As a direct and proximate result of Defendant’s breach, Plaintiff suffered serious bodily injuries, including but not limited to [LIST INJURIES], causing pain, suffering, lost wages, and medical expenses.
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Plaintiff has incurred medical bills in excess of $[AMOUNT] and anticipates future medical expenses of approximately $[AMOUNT].
4. CAUSES OF ACTION
Count I – Negligence
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Plaintiff realleges and incorporates Paragraphs 1–10 as though fully set forth herein.
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Under New Hampshire common law, negligence consists of (a) a legal duty owed by Defendant to Plaintiff, (b) breach of that duty, (c) proximate causation, and (d) damages.
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Defendant breached its duty of reasonable care as detailed above.
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Defendant’s breach was the factual and legal cause of Plaintiff’s injuries and damages.
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Pursuant to RSA § 507:7-d, any comparative fault attributable to Plaintiff, if any, is less than 50%; accordingly, Plaintiff is entitled to recover damages reduced only by the percentage, if any, of fault assigned to Plaintiff.
Count II – [OPTIONAL] Negligence Per Se
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Defendant violated [CITE STATUTE/REGULATION], enacted to protect the class of persons including Plaintiff from the type of harm suffered.
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Such statutory violation constitutes negligence per se under New Hampshire law, thereby establishing breach, leaving only causation and damages to be proven.
Count III – [OPTIONAL] Recklessness / Enhanced Compensatory Damages
- Defendant’s conduct was wanton, malicious, and in reckless disregard for the safety of others, entitling Plaintiff to enhanced compensatory damages under New Hampshire common law.
[// GUIDANCE: Enhanced compensatory damages may be pleaded where facts support a higher degree of culpability but punitive damages per se are generally unavailable in NH.]
5. DAMAGES
- Plaintiff seeks the following categories of damages, subject to any applicable statutory limitations:
a. Past and future medical expenses – $[AMOUNT];
b. Lost wages and loss of earning capacity – $[AMOUNT];
c. Pain and suffering, emotional distress, loss of enjoyment of life – in an amount to be proven at trial;
d. [OPTIONAL] Enhanced compensatory damages;
e. Pre- and post-judgment interest as allowed by law;
f. Costs as allowed by RSA § 525:14-a; and
g. Such other and further relief as the Court deems just and proper.
[// GUIDANCE:
• If the Defendant is a governmental unit, insert RSA § 507-B:4 damage cap ($150,000 per claimant / $500,000 per occurrence).
• For medical malpractice, no general cap exists, but consult RSA ch. 507-C for screening panel implications.]
6. RESERVATION OF RIGHTS
- Plaintiff reserves the right to amend this Complaint to assert additional claims and to join additional parties as discovery may warrant.
7. DEMAND FOR JURY TRIAL
- Pursuant to Part I, Article 20 of the New Hampshire Constitution and Rule 8 of the New Hampshire Superior Court Civil Rules, Plaintiff demands trial by jury on all issues so triable.
8. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that this Honorable Court:
A. Enter judgment in favor of Plaintiff and against Defendant, jointly and severally to the extent permitted under RSA § 507:7-e, in an amount determined at trial;
B. Award pre-judgment and post-judgment interest;
C. Award allowable costs;
D. Grant such other relief as equity and justice require.
9. VERIFICATION & CERTIFICATION
I, [PLAINTIFF NAME], verify under penalty of perjury that the factual allegations contained in this Complaint are true and correct to the best of my knowledge, information, and belief.
Date: __ _____
[PLAINTIFF NAME]
[// GUIDANCE: NH Superior Court Rule 11 requires attorney signature certifying good-faith grounds. Include below if an attorney is filing.]
10. SIGNATURE BLOCK
Respectfully submitted,
[PLAINTIFF NAME],
By and through counsel,
[ATTORNEY NAME] (NH Bar #______)
[LAW FIRM NAME]
[STREET ADDRESS]
[City], NH [ZIP]
Tel: [PHONE] | Fax: [FAX]
Email: [EMAIL]
Counsel for Plaintiff
OPTIONAL ATTACHMENTS
- Medical expense ledger
- Photographs of scene/injuries
- Expert affidavit (if required under RSA ch. 507-E for med-mal)
[// GUIDANCE: Attach only those exhibits referenced in the pleading. Each exhibit must be labeled and served in conformity with NH Superior Court Civil Rules.]
End of Template