State of Rhode Island
Superior Court – [COUNTY] County
[PLAINTIFF FULL NAME],
Plaintiff,
v.
[DEFENDANT FULL NAME(S)],
Defendant(s).
Civil Action No.: [______]
COMPLAINT FOR PERSONAL INJURY
JURY TRIAL DEMANDED
[// GUIDANCE: Replace bracketed placeholders throughout. Where facts or damages are unknown, insert “TBD” or delete the bracketed text.]
TABLE OF CONTENTS
- Parties
- Jurisdiction & Venue
- Factual Allegations
- Negligence Cause of Action (Count I)
- Damages Allegations
- Demand for Jury Trial
- Prayer for Relief
- Reservation of Rights
- Attorney Signature (R.I. Super. Ct. R. Civ. P. 11)
- Verification (Optional)
- Certificate of Service
1. PARTIES
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Plaintiff. [PLAINTIFF] (“Plaintiff”) is an individual domiciled at [street address, city/town], [STATE], and at all relevant times resided or was present in [COUNTY] County, Rhode Island.
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Defendant(s).
a. [DEFENDANT 1] (“Defendant 1”) is a [corporation/individual/other entity] organized under the laws of [state] with its principal place of business at [address].
b. [DEFENDANT 2] (if applicable) …
[// GUIDANCE: If suing a governmental entity, add an Allegation 2(c) identifying it so the statutory damage cap in R.I. Gen. Laws § 9-31-2 can later be invoked.]
2. JURISDICTION & VENUE
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This Court has subject-matter jurisdiction pursuant to R.I. Gen. Laws § 8-2-14 because the amount in controversy exceeds $10,000 exclusive of interest and costs.
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Personal jurisdiction exists over each Defendant because each is domiciled in, conducts substantial business in, and/or committed the tortious acts herein alleged within the State of Rhode Island.
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Venue is proper in this County under R.I. Super. Ct. R. Civ. P. 82 because the cause of action arose in [COUNTY] County and/or Defendants reside or transact business here.
3. FACTUAL ALLEGATIONS
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On or about [DATE], at approximately [TIME], Plaintiff was lawfully present at [LOCATION] in [CITY/TOWN], Rhode Island.
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At that time and place, Defendant(s) [describe conduct—e.g., “operated a motor vehicle eastbound on Main St.”] in a careless, reckless, and negligent manner.
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As a direct and proximate result of Defendants’ conduct, Plaintiff sustained severe personal injuries including but not limited to [list injuries], has incurred medical expenses in excess of $[AMOUNT], and continues to suffer pain, disability, and emotional distress.
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Plaintiff complied with all conditions precedent to the filing of this action, including any applicable notice requirements under R.I. Gen. Laws § 9-31-12 (if suing a governmental entity).
4. CAUSE OF ACTION – NEGLIGENCE (COUNT I)
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Plaintiff realleges and incorporates by reference Paragraphs 1–9 as though fully set forth herein.
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Duty. Defendants owed Plaintiff a duty to exercise reasonable care under the circumstances then and there prevailing.
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Breach. Defendants breached that duty by, inter alia, [specify acts/omissions—e.g., “failing to maintain proper lookout,” “operating the vehicle while distracted,” “violating R.I. traffic statutes”].
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Causation. Defendants’ breach was the direct and proximate cause of Plaintiff’s injuries and damages. No superseding or intervening cause relieves Defendants of liability.
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Damages. Plaintiff suffered the damages described in Section 5 below.
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Pursuant to Rhode Island’s doctrine of pure comparative negligence, Plaintiff’s recovery, if any comparative fault is assessed against Plaintiff, shall be diminished only by the percentage of fault attributable to Plaintiff.
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If more than one Defendant is found liable, each Defendant is jointly and severally liable to Plaintiff for the full amount of damages, subject only to such rights of contribution as may exist between Defendants. See R.I. Gen. Laws § 10-6-2.
5. DAMAGES ALLEGATIONS
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As a result of Defendants’ negligence, Plaintiff seeks recovery of:
a. Past and future medical expenses – $[AMOUNT];
b. Past and future lost wages and diminished earning capacity – $[AMOUNT];
c. Past and future physical pain and suffering, mental anguish, and loss of enjoyment of life – $[AMOUNT];
d. Property damage – $[AMOUNT] (if applicable);
e. Punitive damages to the extent allowed by Rhode Island law; and
f. Pre-judgment and post-judgment interest as permitted by statute. -
[Government Defendant Only] Pursuant to R.I. Gen. Laws § 9-31-2, Plaintiff’s total recovery against the State of Rhode Island (or its political subdivisions) shall not exceed $100,000.
[// GUIDANCE: Delete ¶ 18 if no governmental defendant is named. If medical malpractice, insert any statutory prerequisites or expert-affidavit language.]
6. DEMAND FOR JURY TRIAL
- Plaintiff hereby demands a trial by jury on all issues so triable as of right under Article I, § 15 of the Rhode Island Constitution and Rule 38 of the Rhode Island Rules of Civil Procedure.
7. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully prays for judgment against Defendants, jointly and severally, as follows:
A. Compensatory damages in an amount to be determined by the trier of fact;
B. Punitive damages, where legally and factually warranted;
C. Costs of suit, including reasonable attorney’s fees where authorized by contract or statute;
D. Pre-judgment and post-judgment interest;
E. Limited injunctive or equitable relief necessary to prevent ongoing or future harm (e.g., court-ordered safety modifications), if proven; and
F. Such other and further relief as the Court deems just and proper.
8. RESERVATION OF RIGHTS
- Plaintiff reserves the right to amend this Complaint to conform to the evidence and to add additional parties or causes of action as discovery may reveal, pursuant to R.I. Super. Ct. R. Civ. P. 15.
9. ATTORNEY SIGNATURE (RULE 11)
text
Dated: _______
Respectfully submitted,
[ATTORNEY NAME], Esq. (Bar No. [_])
[Firm Name]
[Street Address]
[City, State ZIP]
Tel: ([]) [-_]
Fax: ([]) [-____]
Email: [[email protected]]
Attorney for Plaintiff
10. VERIFICATION – OPTIONAL
text
STATE OF _ )
) ss.
COUNTY OF ______ )
I, [PLAINTIFF], being duly sworn, depose and say that I have read the foregoing Complaint and that the factual statements therein are true to the best of my knowledge, information, and belief.
[PLAINTIFF]
Subscribed and sworn before me this ___ day of ____, 20__.
Notary Public
My Commission Expires: ____
[// GUIDANCE: Rhode Island does not generally require verification; include only if strategically desired.]
11. CERTIFICATE OF SERVICE
text
I hereby certify that on this ___ day of ____, 20__, a true and correct copy of the foregoing Complaint was served upon all counsel of record via [electronic filing system / first-class mail / hand delivery] in accordance with R.I. Super. Ct. R. Civ. P. 5(b).
[ATTORNEY NAME], Esq.
END OF TEMPLATE
[// GUIDANCE: Review all statutory references for factual fit; insert additional counts such as negligent infliction of emotional distress or loss of consortium where appropriate. Confirm any municipal-notice prerequisite deadlines before filing.]