[COURT CAPTION]
[// GUIDANCE: Replace bracketed placeholders with client-specific information prior to filing.]
IN THE EIGHTH JUDICIAL DISTRICT COURT
CLARK COUNTY, STATE OF NEVADA
PLAINTIFF(S):
[PLAINTIFF NAME(S)], an individual,
[additional identifying information],
v.
DEFENDANT(S):
[DEFENDANT NAME(S)], a [business entity form] organized under the laws of the State of [STATE] and doing business in Nevada,
[additional identifying information],
Case No.: ___
Dept. No.: ___
COMPLAINT FOR PERSONAL INJURIES (NEGLIGENCE)
DEMAND FOR JURY TRIAL
[// GUIDANCE: Verify court department, case assignment, and applicable local rules.]
TABLE OF CONTENTS
- Preliminary Statement .......................................................................... 2
- Jurisdiction & Venue .............................................................................. 2
- Parties ...................................................................................................... 3
- Definitions ............................................................................................... 4
- Statement of Facts .................................................................................. 4
- Causes of Action ..................................................................................... 6
• Count I – Negligence ........................................................................... 6
• Count II – [Premises Liability / Respondeat Superior / Other] .......... 8 - Damages ................................................................................................... 9
- Comparative Negligence & Joint Liability Allegations ........................ 10
- Reservation of Rights ............................................................................. 11
- Jury Demand .......................................................................................... 11
- Prayer for Relief .................................................................................... 12
- NRCP 11 Certification .......................................................................... 13
- NRS 239B.030 Personal-Information Certification ........................... 13
- Verification ............................................................................................ 14
1. PRELIMINARY STATEMENT
1.1 Plaintiff brings this civil action for personal injuries and resulting damages arising from Defendant’s negligent acts and omissions occurring on or about [DATE OF INCIDENT] (the “Incident”).
1.2 Plaintiff seeks appropriate compensatory damages, allowable special damages, prejudgment and post-judgment interest, taxable costs, and any other relief this Court deems just and proper.
2. JURISDICTION & VENUE
2.1 This Court has subject-matter jurisdiction under Article 6, Section 6 of the Nevada Constitution and Nevada Revised Statutes (“NRS”).
2.2 The amount in controversy exceeds $50,000, thereby exempting this action from Nevada’s mandatory arbitration program under NAR § 3(A).
2.3 Venue is proper in Clark County under NRS 13.040 because the cause of action arose in this county and Defendant conducts substantial business here.
3. PARTIES
3.1 Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is and was at all relevant times a resident of [COUNTY], Nevada.
3.2 Defendant [DEFENDANT NAME] (“Defendant”) is a [corporation/LLC/individual/etc.] that owns, operates, manages, and/or controls [PREMISES / VEHICLE / BUSINESS] located at [ADDRESS] in Clark County, Nevada.
3.3 At all relevant times, Defendant owed legal duties of care to Plaintiff under Nevada tort law.
4. DEFINITIONS
For purposes of this Complaint, capitalized terms have the meanings set forth below:
“Incident” – The events occurring on or about [DATE] that gave rise to Plaintiff’s injuries.
“Injury” – All physical, emotional, and economic harm suffered by Plaintiff as a direct and proximate result of Defendant’s conduct.
“Premises” – The real property, fixtures, and appurtenances located at [ADDRESS], owned, operated, or controlled by Defendant.
“Statutory Caps” – Any applicable limitations on damages imposed by Nevada law, including but not limited to NEV. REV. STAT. §§ 41.035, 41A.035, and 42.005.
[// GUIDANCE: Add or delete defined terms based on factual scenario.]
5. STATEMENT OF FACTS
5.1 On [DATE], Plaintiff lawfully entered the Premises as an [invitee/licensee].
5.2 Defendant, through its agents and employees, failed to [describe act/omission: e.g., maintain safe flooring / obey traffic signal].
5.3 Defendant had actual and/or constructive notice of the dangerous condition because [facts supporting notice].
5.4 As a direct and proximate result of Defendant’s negligence, Plaintiff sustained severe bodily injuries, including but not limited to [SPECIFIC INJURIES], requiring medical treatment and causing pain, suffering, lost earnings, and other damages.
5.5 All conditions precedent to filing this action have been satisfied, waived, or are otherwise excused.
6. CAUSES OF ACTION
COUNT I – NEGLIGENCE
(Against All Defendants)
6.1 Plaintiff realleges and incorporates Paragraphs 1.1 through 5.5 as though fully set forth herein.
6.2 Defendant owed Plaintiff a duty of reasonable care under Nevada law to [maintain safe premises / operate vehicle prudently / etc.].
6.3 Defendant breached that duty by [specific acts or omissions].
6.4 Defendant’s breach was the actual and proximate cause of Plaintiff’s Injury.
6.5 Plaintiff has suffered and will continue to suffer general and special damages in excess of $[AMOUNT] subject to proof at trial.
COUNT II – [ALTERNATE LIABILITY THEORY]
(e.g., Premises Liability; Respondeat Superior; Negligent Hiring, Training & Supervision)
6.6 Plaintiff realleges all preceding paragraphs.
6.7 [Insert elements of alternate claim in compliance with Nevada law.]
[// GUIDANCE: Delete Count II if not applicable; add additional counts (e.g., Negligence Per Se) as warranted.]
7. DAMAGES
7.1 Economic Damages: past and future medical expenses, lost wages, loss of earning capacity, and other pecuniary losses.
7.2 Non-Economic Damages: past and future pain, suffering, emotional distress, loss of enjoyment of life, disfigurement, and related harms.
7.3 Punitive Damages: Plaintiff reserves the right to seek punitive damages pursuant to NEV. REV. STAT. § 42.005, subject to statutory caps and the evidentiary showing of oppression, fraud, or malice.
7.4 Statutory Caps Disclosures:
(a) If Defendant is a governmental entity, recoverable damages may be subject to the $200,000 cap on tort liability set forth in NEV. REV. STAT. § 41.035.
(b) If the claim constitutes professional medical negligence, noneconomic damages may be limited to $350,000 under NEV. REV. STAT. § 41A.035.
(c) Punitive damages, if awarded, are subject to the tiered limitations of NEV. REV. STAT. § 42.005.
7.5 Plaintiff seeks prejudgment interest pursuant to NRS 17.130 and taxable costs under NRS 18.020.
[// GUIDANCE: Confirm applicability of caps; remove inapplicable subsections.]
8. COMPARATIVE NEGLIGENCE & JOINT LIABILITY ALLEGATIONS
8.1 Under Nevada’s modified comparative negligence statute, a Plaintiff’s recovery is barred only if the Plaintiff’s comparative fault exceeds that of the Defendant(s). NEV. REV. STAT. § 41.141(1).
8.2 Plaintiff denies any comparative negligence but pleads in the alternative that any comparative fault attributable to Plaintiff is less than 51 percent.
8.3 Joint Liability Allegation: Any Defendant found to be more than 50 percent at fault is jointly and severally liable for the economic damages pursuant to NEV. REV. STAT. § 41.141(5).
9. RESERVATION OF RIGHTS
9.1 Plaintiff reserves the right to amend this Complaint to add additional claims, parties, and allegations as discovery progresses and justice requires.
10. JURY DEMAND
10.1 Pursuant to Nevada Rule of Civil Procedure 38 and Article 1, Section 3 of the Nevada Constitution, Plaintiff demands a trial by jury on all issues so triable.
11. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests judgment against Defendant as follows:
A. General damages in excess of $[STATE COURT THRESHOLD], in an amount to be determined at trial;
B. Special damages according to proof;
C. Punitive damages as allowed by law;
D. Pre- and post-judgment interest;
E. Costs of suit and reasonable attorneys’ fees where permitted; and
F. Such other and further relief as the Court deems just and proper.
12. NRCP 11 CERTIFICATION
Undersigned counsel certifies that he/she has read this pleading; that to the best of counsel’s knowledge, information, and belief formed after reasonable inquiry it is well-grounded in fact and is warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law; and that it is not interposed for any improper purpose. See NEV. R. CIV. P. 11.
13. NRS 239B.030 PERSONAL-INFORMATION CERTIFICATION
The undersigned does hereby affirm that this document does not contain the social security number of any person.
14. VERIFICATION
STATE OF NEVADA )
) ss.
COUNTY OF ______)
I, [PLAINTIFF NAME], being first duly sworn, depose and say: I am the Plaintiff in the within action; I have read the foregoing Complaint and know the contents thereof; the same is true of my own knowledge, except as to those matters stated on information and belief, and as to those matters I believe them to be true.
[PLAINTIFF NAME]
Subscribed and sworn to before me on this _ day of _, 20__.
NOTARY PUBLIC in and for said County and State
My Commission Expires: ___
ATTORNEY SIGNATURE BLOCK
DATED this ___ day of ____, 20__.
Respectfully submitted,
[ATTORNEY NAME] (Bar No. _____)
[LAW FIRM NAME]
[ADDRESS] • [PHONE] • [EMAIL]
Attorney for Plaintiff
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