State of South Dakota
Circuit Court – [JUDICIAL CIRCUIT]
[COUNTY]
[PLAINTIFF FULL LEGAL NAME],
Plaintiff,
v. Civil Action No. ___
[DEFENDANT FULL LEGAL NAME],
Defendant.
COMPLAINT (PERSONAL INJURY – NEGLIGENCE)
JURY TRIAL DEMANDED
[// GUIDANCE: This template is drafted for general‐purpose personal-injury actions sounding in negligence, exclusive of medical-malpractice claims. Confirm that the facts and statutory framework fit your matter before filing. Tailor bracketed items and double-check citation accuracy.]
TABLE OF CONTENTS
- Parties ...................................................................................................................... 2
- Jurisdiction and Venue ..................................................................................... 2
- Factual Allegations ............................................................................................ 3
- Causes of Action ............................................................................................... 4
4.1 Negligence (Personal Injury) ..................................................................... 4 - Damages ............................................................................................................. 5
- Prayer for Relief ................................................................................................. 6
- Demand for Jury Trial ...................................................................................... 7
- Reservation of Rights ....................................................................................... 7
- Verification ........................................................................................................ 8
- Signature Block ................................................................................................ 9
1. Parties
1.1 Plaintiff [PLAINTIFF FULL LEGAL NAME] (“Plaintiff”) is a resident of [CITY], [COUNTY] County, South Dakota, and at all material times was lawfully present in the State of South Dakota.
1.2 Defendant [DEFENDANT FULL LEGAL NAME] (“Defendant”) is a [corporation/LLC/individual/other] organized under the laws of [STATE] with its principal place of business at [ADDRESS]. Defendant regularly transacts business in [COUNTY] County, South Dakota and may be served through [REGISTERED AGENT / SHERIFF / PERSONAL SERVICE] at [SERVICE ADDRESS].
[// GUIDANCE: For multiple defendants, duplicate §1.2 as §§1.3, 1.4, etc., and insert joint-liability language in §4 and §5.]
2. Jurisdiction and Venue
2.1 This Court has subject-matter jurisdiction pursuant to S.D. Const. art. V, § 5 and S.D. Codified Laws § 15-6-2, as this is a civil action for damages exceeding [INSERT AMOUNT] arising within the State of South Dakota.
2.2 Venue is proper in this Court under S.D. Codified Laws § 15-5-2 because the acts or omissions complained of occurred in [COUNTY] County, and Defendant resides or conducts business in this county.
2.3 Personal jurisdiction over Defendant is proper because Defendant:
a. Transacted business in South Dakota;
b. Committed tortious acts within South Dakota; and
c. Otherwise has minimum contacts sufficient to satisfy due-process requirements.
3. Factual Allegations
3.1 On [DATE] at approximately [TIME], Plaintiff was [describe activity—e.g., “lawfully operating a motor vehicle in a northerly direction on Main Street”] in [CITY], South Dakota.
3.2 At the same time and place, Defendant [describe negligent act—e.g., “failed to stop at a red traffic signal”], thereby colliding with Plaintiff.
3.3 Defendant owed Plaintiff a duty to exercise ordinary care under the circumstances.
3.4 Defendant breached that duty by [specific acts or omissions constituting negligence].
3.5 As a direct and proximate result of Defendant’s breach, Plaintiff sustained serious bodily injuries, including but not limited to [LIST INJURIES], has incurred medical expenses, lost wages, and suffered past and future pain, suffering, and loss of enjoyment of life.
3.6 Plaintiff’s own conduct was not negligent or, at most, “slight” within the meaning of S.D. Codified Laws § 20-9-2.
4. Causes of Action
4.1 Negligence (Personal Injury)
4.1.1 Plaintiff realleges and incorporates by reference §§ 1–3 as though fully set forth herein.
4.1.2 Defendant owed Plaintiff a duty of reasonable care to avoid foreseeable harm.
4.1.3 Defendant breached that duty by [SPECIFY BREACH].
4.1.4 Defendant’s breach was the actual and legal cause of Plaintiff’s injuries.
4.1.5 Plaintiff suffered damages as set forth in § 5.
4.1.6 WHEREFORE, Plaintiff seeks judgment against Defendant as detailed below.
[// GUIDANCE: Insert additional counts (e.g., Negligence Per Se, Recklessness, Strict Liability) as warranted by facts and law.]
5. Damages
5.1 Economic Damages (special):
a. Past and future medical and rehabilitation expenses – [ESTIMATE/PROOF RESERVED];
b. Past and future lost wages and diminished earning capacity – [ESTIMATE/PROOF RESERVED];
c. Property damage – [AMOUNT].
5.2 Non-Economic Damages (general):
a. Past and future pain and suffering;
b. Emotional distress and mental anguish;
c. Loss of enjoyment of life;
d. Disfigurement and inconvenience.
5.3 Punitive Damages: Pursuant to S.D. Codified Laws § 21-3-2, Plaintiff reserves the right to amend this Complaint to seek punitive damages upon leave of Court and a prima facie showing of willful, wanton, or malicious conduct, as required by S.D. Codified Laws § 21-1-4.1.
5.4 Statutory or Common-Law Caps:
a. This action does not arise out of medical malpractice; therefore the non-economic cap of S.D. Codified Laws § 21-3-11 is inapplicable.
b. To the extent any cap on damages applies (e.g., governmental-entity cap, S.D. Codified Laws § 3-21-2), Plaintiff seeks the maximum amount permitted by law and pleads alternatively under S.D. Codified Laws § 15-6-8(e)(2).
5.5 Joint Liability (Multiple Defendants): If more than one Defendant is found liable, Plaintiff requests imposition of joint and several liability consistent with S.D. Codified Laws § 15-8-11, together with the right of contribution among joint tortfeasors.
6. Prayer for Relief
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendant for:
a. Compensatory damages in an amount to be determined by the trier of fact, but not less than [INSERT MINIMUM, IF ANY];
b. Costs of suit herein incurred pursuant to S.D. Codified Laws § 15-17-37;
c. Pre- and post-judgment interest as allowed by law;
d. Punitive damages upon proper amendment and proof;
e. Such other and further relief—legal or equitable—as the Court deems just and proper.
7. Demand for Jury Trial
Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right pursuant to S.D. Codified Laws § 15-6-38(b).
8. Reservation of Rights
Plaintiff reserves the right to amend this Complaint to conform to the evidence, add additional parties or claims, and seek any further relief that may become appropriate as discovery proceeds, in accordance with S.D. Codified Laws § 15-6-15(a).
9. Verification
STATE OF SOUTH DAKOTA )
: ss.
COUNTY OF [COUNTY] )
I, [PLAINTIFF NAME], being first duly sworn, depose and state that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint and know the contents thereof; and that the facts stated therein are true to the best of my knowledge, information, and belief.
[PLAINTIFF NAME]
Subscribed and sworn before me this ___ day of ____, 20__, by [PLAINTIFF NAME].
Notary Public – South Dakota
My Commission Expires: _______
[// GUIDANCE: Verification is optional under S.D. R. Civ. P., but may be required for certain claims. Delete if not desired.]
10. Signature Block
Respectfully submitted this ___ day of ____, 20__.
[LAW FIRM NAME]
Attorneys for Plaintiff
By: ______
[ATTORNEY NAME]
SD Bar No. __
[ADDRESS]
[PHONE]
[EMAIL]
CERTIFICATE OF SERVICE
I hereby certify that on this ___ day of ____, 20__, a true and correct copy of the foregoing Complaint was served upon the following counsel of record via [method—e.g., “the Court’s electronic filing system” / “first-class U.S. mail”]:
• [NAME, FIRM, ADDRESS]
[ATTORNEY NAME]
[// GUIDANCE: Replace with required service certification format if not e-filed.]
END OF COMPLAINT