SUPERIOR COURT OF NEW JERSEY
[COUNTY] LAW DIVISION – CIVIL PART
DOCKET NO.: _______
[PLAINTIFF FULL LEGAL NAME],
Plaintiff,
v.
[DEFENDANT FULL LEGAL NAME],
Defendant.
COMPLAINT AND JURY DEMAND
[Personal Injury – Negligence]
Table of Contents
1. Preliminary Statement
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Causes of Action
5.1 Count I – Negligence
5.2 Count II – Gross Negligence [optional]
6. Damages
7. Demand for Jury Trial
8. Prayer for Relief
9. Certification Pursuant to R. 4:5-1(b)(2)
10. Designation of Trial Counsel (R. 4:25-4)
11. Verification
12. Signature Block
[// GUIDANCE: Delete any unused optional counts or parties. Ensure all paragraph numbering remains sequential after edits.]
1. Preliminary Statement
1.1 This is an action for personal injuries arising out of a[n] [motor-vehicle collision/slip-and-fall/other incident] that occurred on [DATE] in [MUNICIPALITY], New Jersey.
1.2 Plaintiff seeks compensatory, consequential, and, where legally permissible, punitive damages for Defendant’s negligent acts and omissions.
2. Parties
2.1 Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is an individual residing at [ADDRESS], [COUNTY], New Jersey.
2.2 Defendant [DEFENDANT NAME] (“Defendant”) is a [corporation/individual/other] with a principal place of business/residence at [ADDRESS], and conducted business and/or owned, operated, or controlled the premises or instrumentality involved in the subject incident.
2.3 Plaintiff presently lacks knowledge of the true names of any additional responsible parties and therefore sues fictitious parties “John Does 1–5” and “ABC Corporations 1–5.” Plaintiff will amend this Complaint when their identities become known.
3. Jurisdiction and Venue
3.1 This Court has subject-matter jurisdiction under N.J. Const. art. VI, § 3.
3.2 Venue is proper in [COUNTY] pursuant to R. 4:3-2 because the cause of action arose in this county and/or Defendant resides or conducts business herein.
3.3 Personal jurisdiction exists over Defendant under New Jersey’s long-arm rule, R. 4:4-4, as Defendant purposely availed itself of the privilege of conducting activities within the State.
4. Factual Allegations
4.1 On [DATE] at approximately [TIME], Plaintiff was [lawfully located/driving northbound/etc.] at or near [LOCATION].
4.2 Defendant, by and through its agents, servants, and/or employees acting within the scope of their authority, [describe negligent act – e.g., “failed to stop at a red traffic signal” or “allowed a hazardous condition to exist on its premises”].
4.3 As a direct and proximate result of Defendant’s conduct, Plaintiff sustained serious bodily injuries, including but not limited to [LIST INJURIES], and has incurred medical expenses, lost wages, pain, suffering, disability, and impairment.
5. Causes of Action
5.1 Count I – Negligence
5.1.1 Plaintiff repeats and realleges the allegations set forth in Paragraphs 1.1 through 4.3 as if fully set forth herein.
5.1.2 Defendant owed Plaintiff a duty of reasonable care to [operate a motor vehicle safely/maintain premises in a reasonably safe condition/etc.].
5.1.3 Defendant breached that duty by, inter alia:
(a) [failing to keep a proper lookout];
(b) [driving at an excessive speed];
(c) [allowing a dangerous condition to persist]; and/or
(d) [failing to warn].
5.1.4 Defendant’s breach was a direct and proximate cause of the injuries and damages sustained by Plaintiff.
5.1.5 Pursuant to New Jersey’s Comparative Negligence Act, N.J.S.A. 2A:15-5.1 et seq., any fault attributable to Plaintiff that is less than 50% shall not bar, but may reduce, Plaintiff’s recovery.
5.2 Count II – Gross Negligence [optional]
5.2.1 Plaintiff repeats and realleges the allegations set forth above.
5.2.2 Defendant’s conduct constituted gross negligence, evidencing a reckless disregard for the safety of others.
5.2.3 Wherefore, Plaintiff demands punitive damages subject to the statutory cap set forth in N.J.S.A. 2A:15-5.14 (limit of greater of $350,000 or five times compensatory damages).
[// GUIDANCE: Use Count II only where facts plausibly support punitive damages under New Jersey law. Remove if inapplicable.]
6. Damages
6.1 Plaintiff has suffered, and will continue to suffer:
(a) Past and future medical expenses;
(b) Past and future lost wages and diminished earning capacity;
(c) Pain, suffering, disability, impairment, and loss of enjoyment of life;
(d) Property damage (if applicable);
(e) Pre- and post-judgment interest as permitted by law;
(f) Costs of suit and reasonable attorneys’ fees where recoverable; and
(g) Punitive damages as allowed and capped by N.J.S.A. 2A:15-5.14.
6.2 Pursuant to N.J.S.A. 2A:15-5.3 (Joint Tortfeasors Contribution Law), Defendant is jointly and severally liable for all damages if found to be 60% or more at fault; otherwise, liability shall be several to the extent of Defendant’s percentage of fault.
7. Demand for Jury Trial
Plaintiff demands a trial by jury on all issues so triable pursuant to N.J. Const. art. I, ¶ 9 and R. 1:8-1.
8. Prayer for Relief
WHEREFORE, Plaintiff respectfully demands judgment against Defendant as follows:
A. Compensatory damages in an amount to be determined by the trier of fact;
B. Punitive damages pursuant to statute;
C. Pre- and post-judgment interest, costs of suit, and any statutory attorneys’ fees;
D. Such other and further relief as the Court deems just and equitable.
9. Certification Pursuant to R. 4:5-1(b)(2)
I certify that to my knowledge, the matter in controversy is not the subject of any other action pending in any court or of any arbitration proceeding, nor is any such action or arbitration contemplated. There are no other parties who should be joined at this time, other than the fictitious parties named herein. I recognize my continuing obligation to file and serve on all parties and the Court an amended certification if there is a change in the facts stated in this certification.
10. Designation of Trial Counsel (R. 4:25-4)
Pursuant to Rule 4:25-4, [ATTORNEY NAME], Esq., of [LAW FIRM NAME], is hereby designated as trial counsel for Plaintiff.
11. Verification
I, [PLAINTIFF NAME], being duly sworn, certify that the factual allegations contained in the foregoing Complaint are true to the best of my knowledge, information, and belief. I am aware that if any of these statements are willfully false, I am subject to punishment.
[PLAINTIFF NAME]
Dated: _____
12. Signature Block
Respectfully submitted,
[LAW FIRM NAME]
Attorneys for Plaintiff
By: _____
[ATTORNEY NAME], Esq.
Attorney ID No.: [__]
Address: [___]
Phone: [__]
Email: [____]
Dated: _____
[// GUIDANCE:
1. Insert correct county for venue (e.g., “Middlesex County”).
2. Check statute of limitations before filing.
3. Attach a completed Civil Case Information Statement (CIS) as required by R. 4:5-1(c).
4. Serve Defendant pursuant to R. 4:4-4; obtain proofs of service for filing.
5. Evaluate comparative negligence evidence early to anticipate allocation issues.
6. Review insurance policy limits and potential liens (Medicaid, Medicare, ERISA).]