STATE COURT COMPLAINT – PERSONAL INJURY

Tennessee

[// GUIDANCE: This template is drafted for use in Tennessee state courts (Circuit or Chancery). It reflects Tennessee’s negligence standard, statutory damage caps, and comparative-fault/joint-liability framework. Replace all bracketed text and delete in-line guidance before filing.]

TABLE OF CONTENTS

1. Caption
2. Preliminary Statement
3. Jurisdiction, Venue, and Parties
4. Definitions (Optional)
5. Factual Allegations
6. Causes of Action
   • Count I – Negligence
   • Count II – Negligence Per Se (Optional)
   • Count III – Gross Negligence / Recklessness (Optional)
7. Damages
8. Demand for Jury Trial
9. Prayer for Relief
10. Verification & Rule 11 Certification
11. Service of Process Instructions

1. CAPTION

IN THE [CIRCUIT/CHANCERY] COURT FOR [___] COUNTY, TENNESSEE

text
[PLAINTIFF NAME], )
Plaintiff, )
)
v. ) Civil Action No. ________
)
[DEFENDANT NAME(S)], )
Defendant(s). )

2. PRELIMINARY STATEMENT

1.1 Plaintiff brings this personal-injury action to recover damages proximately caused by Defendant’s negligence on or about [DATE] in [CITY/COUNTY], Tennessee.

1.2 Plaintiff seeks all compensatory damages, punitive damages where legally permissible, pre- and post-judgment interest, litigation costs, and any other relief deemed just and proper.

3. JURISDICTION, VENUE, AND PARTIES

3.1 This Court has subject-matter jurisdiction under Tenn. Code Ann. § 16-10-101 and related statutory provisions.

3.2 Venue is proper in this County pursuant to Tenn. Code Ann. § 20-4-101 because the cause of action arose here and Defendant [resides/is headquartered/transacts business] here.

3.3 Plaintiff [PLAINTIFF NAME] is an individual resident of [COUNTY], Tennessee.

3.4 Defendant [DEFENDANT NAME] is a [corporation/LLC/individual] organized under the laws of [STATE] with its principal place of business at [ADDRESS]. Defendant may be served through its registered agent:
[NAME & ADDRESS FOR SERVICE].

3.5 [OPTIONAL ADDITIONAL DEFENDANTS OR “JOHN DOE” PER Tenn. Code Ann. § 20-1-119.]

4. DEFINITIONS (Optional – delete if unnecessary)

For clarity, the following terms, when capitalized, have the meanings set forth below:

“Accident” – The incident occurring on [DATE] as described in Section 5.
“Economic Damages” – Medical expenses, lost wages, and other pecuniary losses.
“Non-Economic Damages” – Pain and suffering, emotional distress, loss of enjoyment of life, and similar intangible losses, subject to Tenn. Code Ann. § 29-39-102.
“Punitive Damages” – Damages governed by Tenn. Code Ann. § 29-39-104.

5. FACTUAL ALLEGATIONS

5.1 On [DATE], at approximately [TIME], Plaintiff was lawfully present at/on [LOCATION].

5.2 Defendant owed Plaintiff a duty to exercise reasonable care in [describe activity: operating a motor vehicle / maintaining premises / manufacturing product].

5.3 Defendant breached that duty by [specific acts or omissions].

5.4 As a direct and proximate result of Defendant’s breach, Plaintiff sustained severe bodily injuries including but not limited to [LIST INJURIES], has incurred medical expenses in excess of $[AMOUNT], and has suffered ongoing pain, emotional distress, and lost earnings.

5.5 Plaintiff’s injuries and losses were foreseeable consequences of Defendant’s conduct.

6. CAUSES OF ACTION

COUNT I – NEGLIGENCE

6.1 Plaintiff realleges Paragraphs 1–5 as if fully set forth herein.

6.2 Defendant owed Plaintiff a duty of reasonable care under Tennessee law.

6.3 Defendant breached that duty as described above.

6.4 Defendant’s breach was the actual and legal (proximate) cause of Plaintiff’s injuries.

6.5 Plaintiff is entitled to recover compensatory damages in an amount to be determined by the trier of fact, subject to Tennessee’s comparative-fault allocation (Tenn. Code Ann. § 20-1-119) and statutory damage caps, if applicable and constitutional.

COUNT II – NEGLIGENCE PER SE (Optional)

6.6 Defendant violated [SPECIFIC STATUTE/REGULATION], enacted to protect persons like Plaintiff from the type of harm suffered herein.

6.7 Such violation constitutes negligence per se under Tennessee law, entitling Plaintiff to damages.

COUNT III – GROSS NEGLIGENCE / RECKLESSNESS (Optional, supports punitive damages)

6.8 Defendant’s conduct demonstrated a conscious disregard or indifference to a substantial and unjustifiable risk to Plaintiff, amounting to gross negligence or recklessness.

6.9 Plaintiff therefore seeks Punitive Damages pursuant to Tenn. Code Ann. § 29-39-104, subject to the statutory cap of two (2) times the total amount of compensatory damages or $500,000, whichever is greater, unless higher limitations apply under statutory exceptions.

7. DAMAGES

7.1 Economic Damages – medical expenses (past and future), lost wages, loss of earning capacity, property damage, and out-of-pocket costs in an amount exceeding $[AMOUNT].

7.2 Non-Economic Damages – pain, suffering, emotional distress, loss of enjoyment of life, and other intangible harms in an amount to be determined by the jury, not to exceed the cap in Tenn. Code Ann. § 29-39-102 ($750,000, or $1,000,000 for catastrophic injuries), unless such cap is held inapplicable or unconstitutional.

7.3 Punitive Damages – as detailed in Count III, subject to Tenn. Code Ann. § 29-39-104.

7.4 Pre- and post-judgment interest pursuant to Tenn. Code Ann. § 47-14-123.

7.5 All taxable court costs and discretionary costs per Tenn. R. Civ. P. 54.04.

[// GUIDANCE: Insert any claim for injunctive or declaratory relief only if factually supported and consistent with “limited” injunctive relief mandate.]

8. DEMAND FOR JURY TRIAL

Pursuant to Article I, § 6 of the Tennessee Constitution and Tenn. R. Civ. P. 38, Plaintiff demands a trial by jury on all triable issues.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court:

a. Enter judgment in favor of Plaintiff and against Defendant;
b. Award compensatory damages (economic and non-economic) in amounts to be determined by the jury;
c. Award punitive damages as permitted by law;
d. Award pre- and post-judgment interest;
e. Tax all costs to Defendant; and
f. Grant such further relief as the Court deems just and proper.

10. VERIFICATION & RULE 11 CERTIFICATION

I, [PLAINTIFF NAME], verify under oath that the facts alleged herein are true to the best of my knowledge, information, and belief.

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__________________________________ Date: _____________
[PLAINTIFF NAME]
Pursuant to Tenn. R. Civ. P. 11, the undersigned counsel certifies that to the best of counsel’s knowledge, information, and belief, formed after reasonable inquiry, this Complaint is well-grounded in fact and law and is not interposed for any improper purpose.

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__________________________________ Date: _____________
[ATTORNEY NAME] (BPR #_______)
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Plaintiff

11. SERVICE OF PROCESS INSTRUCTIONS

Issue process for Defendant [DEFENDANT NAME] at:
[ADDRESS FOR SERVICE].

Return executed summons to:
[PLAINTIFF’S ATTORNEY ADDRESS].

[// GUIDANCE:
1. Review Tennessee’s one-year statute of limitations for personal-injury actions (Tenn. Code Ann. § 28-3-104).
2. If suing a governmental entity, comply with the Tennessee Governmental Tort Liability Act’s notice provisions and damage caps.
3. For healthcare liability claims, follow Tenn. Code Ann. §§ 29-26-121 and 122 (pre-suit notice & certificate of good faith).
4. Consider comparative-fault pleading strategy: identify known tortfeasors early to preserve ability to add defendants.
5. Delete any inapplicable optional counts.
6. Confirm court-specific local rules for formatting, electronic filing, and cost bonds.]