IN THE DISTRICT COURT OF [COUNTY] COUNTY
STATE OF OKLAHOMA

[PLAINTIFF’S FULL LEGAL NAME],
  Plaintiff,

v. Case No.: __

[DEFENDANT’S FULL LEGAL NAME],
  Defendant(s).

PETITION (COMPLAINT) FOR PERSONAL INJURY – NEGLIGENCE
JURY TRIAL DEMANDED

[// GUIDANCE: This template follows Oklahoma pleading practice (Okla. Stat. tit. 12, §§ 2001–2027) and is formatted for immediate filing. Replace bracketed text, delete guidance boxes, and conform margins & caption to the local court’s requirements.]

TABLE OF CONTENTS

I. DOCUMENT HEADER
II. DEFINITIONS
III. OPERATIVE PROVISIONS (FACTS & CAUSES OF ACTION)
IV. REPRESENTATIONS & WARRANTIES
V. COVENANTS & RESTRICTIONS
VI. DEFAULT & REMEDIES (PRAYER FOR RELIEF)
VII. RISK ALLOCATION
VIII. DISPUTE RESOLUTION
IX. GENERAL PROVISIONS
X. EXECUTION BLOCK
  A. Verification
  B. Certificate of Service

I. DOCUMENT HEADER

1. Parties
   1.1 Plaintiff. [PLAINTIFF] (“Plaintiff”) is an individual domiciled in [COUNTY], Oklahoma, and at all relevant times was a resident of the State of Oklahoma.
   1.2 Defendant. [DEFENDANT] (“Defendant”) is a [corporation/LLC/individual] organized under the laws of [STATE] with its principal place of business at [ADDRESS] and at all relevant times conducted business or maintained sufficient minimum contacts within the State of Oklahoma.

2. Jurisdiction & Venue
   2.1 Subject-Matter Jurisdiction. This Court has subject-matter jurisdiction over this action pursuant to Okla. Const. art. VII § 7 and Okla. Stat. tit. 12, § 2004(F).
   2.2 Personal Jurisdiction. Defendant is subject to personal jurisdiction in Oklahoma because [basis—e.g., transacted business, committed tort within the state].
   2.3 Venue. Venue is proper in this Court under Okla. Stat. tit. 12, § 131 because [incident occurred / defendant resides] in [COUNTY] County, Oklahoma.

3. Jury Demand
   Plaintiff demands a trial by jury on all issues so triable as a matter of right under Okla. Const. art. II § 19.

II. DEFINITIONS

Unless otherwise indicated, capitalized terms have the meanings set forth below and apply throughout this Petition:

“Action” means this civil lawsuit.
“Incident” means the events of [DATE] described in Section III.
“Economic Damages” means past and future medical expenses, lost wages, loss of earning capacity, property damage, and other pecuniary losses as recognized by Oklahoma law.
“Non-Economic Damages” means physical and mental pain and suffering, emotional distress, loss of consortium, and other non-pecuniary losses recognized by Oklahoma law.
“Punitive Damages” has the meaning prescribed by Okla. Stat. tit. 23, § 9.1.
“Comparative Fault Statute” means Okla. Stat. tit. 23, § 13 (modified comparative negligence).

[// GUIDANCE: Add or delete defined terms to suit the factual scenario; ensure consistency throughout.]

III. OPERATIVE PROVISIONS

3.1 Background Facts

1. On or about [DATE], at approximately [TIME], Plaintiff was lawfully present at/on [LOCATION] when Defendant, by and through its agents, servants, and/or employees, negligently [describe actionable conduct—e.g., operated a motor vehicle, maintained premises].
2. Defendant owed a duty of reasonable care to Plaintiff under Oklahoma common-law negligence principles and applicable statutory duties.
3. Defendant breached that duty by [specific acts or omissions].
4. As a direct and proximate result of Defendant’s negligence, Plaintiff sustained serious bodily injuries, incurred medical expenses, suffered lost wages, and endured pain and suffering, all of which are continuing.

3.2 Cause of Action – Negligence (Count I)

Plaintiff realleges and incorporates by reference Paragraphs 1-4 above.
a. Duty. Defendant owed Plaintiff the duty to exercise reasonable care.
b. Breach. Defendant breached that duty as set forth in Paragraph 3.
c. Causation. Defendant’s breach was the direct and proximate cause of Plaintiff’s injuries.
d. Damages. Plaintiff suffered Economic and Non-Economic Damages exceeding $[AMOUNT] to be proven at trial.

[// GUIDANCE: Insert additional counts (e.g., Negligence Per Se, Premises Liability, Respondeat Superior) as warranted.]

IV. REPRESENTATIONS & WARRANTIES

1. Plaintiff represents that he/she has complied with any pre-suit notice requirements, including, if applicable, any statutory healthcare-liability mandates.
2. Plaintiff further represents that the damages claimed herein are warranted under existing law or under a good-faith argument for the extension, modification, or reversal of existing law, consistent with 12 O.S. § 2011 (Rule 11).

V. COVENANTS & RESTRICTIONS

1. Plaintiff covenants to supplement discovery responses in accordance with Okla. Stat. tit. 12, §§ 3226–3240.
2. Plaintiff reserves the right to amend this Petition to add parties, claims, or prayers for relief as discovery progresses and justice requires.

VI. DEFAULT & REMEDIES (PRAYER FOR RELIEF)

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendant as follows:

a. Economic Damages in an amount to be determined at trial;
b. Non-Economic Damages in an amount to be determined at trial, subject to any constitutionally valid statutory cap, if applicable;
c. Punitive Damages pursuant to 23 O.S. § 9.1, should the evidence warrant;
d. Pre- and post-judgment interest as allowed by law;
e. Reasonable attorney fees and costs as provided by statute or in the Court’s discretion; and
f. Such further relief as the Court deems just and proper.

VII. RISK ALLOCATION

1. Comparative Fault. Plaintiff’s recovery, if any, shall be reduced only in accordance with the Comparative Fault Statute; Plaintiff affirmatively pleads the inapplicability of any contributory-negligence defense exceeding the statutory threshold.
2. Joint & Several Liability. Plaintiff pleads that, to the extent multiple tortfeasors are found liable, their liability shall be allocated per Oklahoma’s joint-and-several liability framework then in effect.
3. Damage Caps. Plaintiff acknowledges Oklahoma’s historical statutory cap on Non-Economic Damages (formerly 23 O.S. § 61.2) and specifically pleads that said cap was declared unconstitutional; however, Plaintiff alternatively pleads damages in the maximum amount recoverable under any cap held to be valid on the date of judgment.

[// GUIDANCE: Paragraph 3 preserves damages if the cap is reinstated on appeal or legislative amendment.]

VIII. DISPUTE RESOLUTION

1. Governing Law. This Action is governed by the substantive law of the State of Oklahoma.
2. Forum Selection. All proceedings shall be conducted exclusively in the District Court of [COUNTY] County, Oklahoma.
3. Arbitration. Not applicable—Plaintiff invokes the constitutional right to a jury trial.
4. Injunctive Relief. Plaintiff reserves the right to seek equitable or injunctive relief as permitted by Oklahoma law.
5. Jury Demand. See Section I ¶ 3.

IX. GENERAL PROVISIONS

1. Amendment & Waiver. Any amendment to this Petition must comply with Okla. Stat. tit. 12, § 2015(A).
2. Severability. If any claim or prayer for relief is adjudged unenforceable, the remainder shall remain in full force.
3. Integration. This Petition constitutes the entire pleading of Plaintiff at this stage, subject to amendment as a matter of right or by leave of Court.

X. EXECUTION BLOCK

Respectfully submitted this ___ day of ____, 20__.

text

[ATTORNEY NAME], OBA No. ____
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
ATTORNEY FOR PLAINTIFF

A. Verification (if required)

I, [PLAINTIFF NAME], being first duly sworn, state under penalty of perjury that I have read the foregoing Petition and that the facts stated therein are true and correct to the best of my knowledge and belief.

text

[PLAINTIFF NAME]
Subscribed and sworn before me on this ___ day of ____, 20__.

text

Notary Public
My Commission Expires: ____
[// GUIDANCE: Oklahoma does not generally require a verified petition in tort cases; include this section only if strategic or court-ordered.]

B. Certificate of Service

I certify that on the ___ day of ____, 20__, a true and correct copy of the foregoing Petition was served upon:

text
[DEFENSE COUNSEL NAME & ADDRESS]
by [method—e-service, hand delivery, certified mail, etc.], as authorized by Okla. Stat. tit. 12, § 2005.

text

[ATTORNEY NAME]

[// GUIDANCE: 1) Confirm local rules for font, spacing, and pleading paper. 2) File a separate Summons for each Defendant (Okla. Stat. tit. 12, § 2004). 3) Calendar service and answer deadlines immediately upon filing.]