STATE COURT COMPLAINT – PERSONAL INJURY

(South Carolina – Court of Common Pleas)

[// GUIDANCE: This template is drafted to comply with the South Carolina Rules of Civil Procedure (“SCRCP”), South Carolina Code of Laws, and relevant constitutional provisions. All bracketed text should be customized by counsel prior to filing. Citations included are limited to foundational statutory provisions of which the drafter is certain, per Citation Policy.]

TABLE OF CONTENTS

1. Caption
2. Introductory Allegations
3. Parties
4. Jurisdiction and Venue
5. Factual Allegations
6. Causes of Action
   6.1 Negligence
   6.2 Gross Negligence (optional)
   6.3 Negligence Per Se (optional)
7. Damages
8. Prayer for Relief
9. Jury Trial Demand
10. Reservation of Rights
11. Verification
12. Certificate of Service

1. CAPTION

STATE OF SOUTH CAROLINA
IN THE COURT OF COMMON PLEAS
____ JUDICIAL CIRCUIT
COUNTY OF [COUNTY]

[PLAINTIFF NAME],
Plaintiff,

v.

[DEFENDANT NAME],
Defendant.

C.A. No. ______

COMPLAINT (Jury Trial Demanded)

2. INTRODUCTORY ALLEGATIONS

1. Plaintiff [PLAINTIFF NAME] (“Plaintiff”) brings this civil action against Defendant [DEFENDANT NAME] (“Defendant”) to recover damages for personal injuries sustained as a direct and proximate result of Defendant’s wrongful acts and omissions.
2. All acts and omissions alleged herein occurred within the State of South Carolina.

3. PARTIES

3. Plaintiff is a resident and citizen of [COUNTY], South Carolina.
4. Upon information and belief, Defendant is a [corporation / limited liability company / individual] organized under the laws of [STATE] and doing business in [COUNTY], South Carolina.
5. At all relevant times, Defendant owned, managed, operated, and/or controlled the premises, vehicle, instrumentality, or activity that caused Plaintiff’s injuries.

4. JURISDICTION AND VENUE

6. This Court has subject-matter jurisdiction pursuant to S.C. Const. art. V, § 11 and S.C. Code Ann. § 14-5-300.
7. Venue is proper in this Court under S.C. Code Ann. § 15-7-30 because the cause of action arose in, and Defendant resides or does business in, [COUNTY], South Carolina.
8. Personal jurisdiction over Defendant is proper under South Carolina’s long-arm statute and due-process principles because Defendant transacts business, commits tortious acts, and/or maintains continuous and systematic contacts within this State.

5. FACTUAL ALLEGATIONS

9. On or about [DATE], Plaintiff was lawfully present at/on [LOCATION].
10. Defendant owed Plaintiff a duty to exercise reasonable care under the circumstances, including but not limited to [describe specific duties—e.g., maintaining safe premises, operating a vehicle in accordance with traffic laws, etc.].
11. Defendant breached that duty by, inter alia:
    a. [SPECIFIC NEGLIGENT ACT 1];
    b. [SPECIFIC NEGLIGENT ACT 2]; and
    c. [SPECIFIC NEGLIGENT ACT 3].
12. Defendant’s breaches were both the actual and proximate cause of the incident described herein.
13. As a direct result, Plaintiff suffered severe bodily injuries, including [LIST INJURIES], incurred medical expenses, lost wages, experienced pain and suffering, mental anguish, loss of enjoyment of life, and other damages.

6. CAUSES OF ACTION

6.1 First Cause of Action – Negligence

14. Plaintiff realleges paragraphs 1–13 as if fully set forth herein.
15. Defendant owed Plaintiff a duty of reasonable care.
16. Defendant breached that duty as set forth above.
17. Defendant’s breach was the direct, proximate, and foreseeable cause of Plaintiff’s injuries.
18. Plaintiff thereby suffered damages in an amount to be determined by a jury, subject to South Carolina’s comparative negligence and joint liability framework under S.C. Code Ann. § 15-38-15.

[// GUIDANCE: If comparative fault may be asserted, consider pleading in the alternative and addressing apportionment language.]

6.2 Second Cause of Action – Gross Negligence (optional)

19. Plaintiff realleges paragraphs 1–18.
20. Defendant’s conduct demonstrated reckless disregard for the rights and safety of others, amounting to gross negligence.
21. Plaintiff is entitled to recover compensatory and, where permitted, punitive damages pursuant to S.C. Code Ann. § 15-32-530.

6.3 Third Cause of Action – Negligence Per Se (optional – use when statute or ordinance clearly applies)

22. Plaintiff realleges paragraphs 1–21.
23. Defendant violated [IDENTIFY STATUTE/ORDINANCE], enacted to protect a class of persons that includes Plaintiff.
24. Violation of said statute constitutes negligence per se, proximately causing Plaintiff’s damages.

7. DAMAGES

25. Plaintiff seeks judgment against Defendant for:
    a. Past and future medical expenses;
    b. Past and future lost wages and diminution of earning capacity;
    c. Non-economic damages such as pain, suffering, mental anguish, and loss of enjoyment of life;
    d. Punitive damages to the extent allowed by S.C. Code Ann. § 15-32-530 (capped at three times compensatory damages or $500,000, whichever is greater, absent statutory exceptions); and
    e. Such other relief as the Court deems just and proper.

[// GUIDANCE: South Carolina does not cap compensatory damages in general personal-injury actions; however, punitive damages are capped as stated. Medical-malpractice actions are subject to separate non-economic caps under § 15-32-220, which are inapplicable here unless the defendant is a “licensed health-care provider.”]

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in Plaintiff’s favor and against Defendant, awarding:

1. Actual damages in an amount to be proven at trial;
2. Punitive damages as permitted by law;
3. Pre-judgment and post-judgment interest;
4. Costs of this action pursuant to Rule 54(d), SCRCP; and
5. Such other and further relief as this Court deems just and proper.

9. JURY TRIAL DEMAND

Pursuant to the Seventh Amendment of the United States Constitution, article I, § 14 of the South Carolina Constitution, and Rule 38(a), SCRCP, Plaintiff hereby demands a trial by jury on all issues so triable.

10. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint to conform to the evidence, add additional parties, or assert additional causes of action as discovery may reveal.

11. VERIFICATION (include if required by local rule or statute)

I, [PLAINTIFF NAME], being first duly sworn, depose and say that I have read the foregoing Complaint and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

[PLAINTIFF NAME]

Sworn to before me this ___ day of __, 20.

Notary Public for South Carolina
My Commission Expires: ____

12. CERTIFICATE OF SERVICE

I hereby certify that I have served a copy of the foregoing Complaint on counsel for Defendant by [U.S. mail / electronic filing system / hand delivery] on this ___ day of __, 20.

[ATTORNEY NAME], S.C. Bar No. ______
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Plaintiff

[// GUIDANCE:
1. Check the applicable statute of limitations (generally three (3) years for negligence claims in South Carolina, S.C. Code Ann. § 15-3-530(5)).
2. Confirm service requirements under Rule 4, SCRCP.
3. For multiple defendants, duplicate liability allegations and apportionment language per § 15-38-15.
4. If a governmental entity is a defendant, comply with the South Carolina Tort Claims Act (notice, damage caps, and exceptions).
5. Remove the Verification section if not required by local practice.
]