IN THE CIRCUIT COURT OF [____] COUNTY/CITY, VIRGINIA
[PLAINTIFF NAME(S)],
Plaintiff(s),
v. Civil Action No.: [____]
[DEFENDANT NAME(S)],
Defendant(s).
COMPLAINT FOR PERSONAL INJURY
[// GUIDANCE: Insert the correct Virginia Circuit Court (e.g., “Fairfax County”) and obtain a civil action number from the clerk’s office at filing.]
I. PARTIES, JURISDICTION, AND VENUE
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Parties
1.1 Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is an individual resident of [ADDRESS, COUNTY/CITY, VIRGINIA].
1.2 Defendant [DEFENDANT NAME] (“Defendant”) is a [corporation/LLC/individual] organized under the laws of [STATE] with its principal place of business/residence at [ADDRESS].
1.3 [Add additional Defendants as necessary; joint-and-several liability applies under Virginia common law.] -
Subject-Matter Jurisdiction
This Court has subject-matter jurisdiction pursuant to Va. Code Ann. § 17.1-513 because the amount in controversy exceeds $25,000 exclusive of interest and costs. -
Personal Jurisdiction
Defendant is subject to personal jurisdiction in Virginia under Va. Code Ann. § 8.01-328.1 because [briefly state statutory basis, e.g., “Defendant transacted business in Virginia and committed the tortious act here.”]. -
Venue
Venue is proper in this Court under Va. Code Ann. §§ 8.01-261(2) and (3) because [provide venue facts—e.g., “the cause of action arose in this County” or “Defendant resides/has its principal office here”].
II. FACTUAL ALLEGATIONS
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On or about [DATE] (the “Incident”), Plaintiff was lawfully present at/within [LOCATION] in [CITY/COUNTY], Virginia.
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At that time and place, Defendant [specific negligent conduct—e.g., “operated a motor vehicle while distracted and failed to yield the right-of-way”].
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Defendant owed Plaintiff a duty to [state duty—e.g., “exercise reasonable care in operating a motor vehicle”].
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Defendant breached that duty by [list specific acts/omissions].
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As a direct and proximate result of Defendant’s breach, Plaintiff suffered serious bodily injuries, including but not limited to [list injuries], and incurred medical expenses, lost earnings, pain, suffering, inconvenience, and emotional distress (collectively, the “Damages”).
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Plaintiff’s injuries and damages were not caused or contributed to by Plaintiff’s own negligence.
[// GUIDANCE: Virginia’s pure contributory-negligence doctrine bars recovery if Plaintiff is even 1 % at fault. Plead unequivocally that Plaintiff was free from negligence and be prepared to prove it.]
III. CAUSE OF ACTION – NEGLIGENCE
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Plaintiff realleges and incorporates by reference Paragraphs 1-10 as if set forth fully herein.
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Defendant had a legal duty to exercise ordinary and reasonable care under the circumstances.
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Defendant breached that duty in the manner described above.
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Defendant’s breach was the direct and proximate cause of Plaintiff’s Injuries and Damages.
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As a result, Plaintiff seeks compensatory damages, including:
a. Past and future medical expenses;
b. Past and future lost wages and loss of earning capacity;
c. Past and future pain and suffering, inconvenience, and mental anguish;
d. Property loss and out-of-pocket expenses; and
e. Pre- and post-judgment interest as allowed by law. -
Defendant’s conduct was willful, wanton, and/or in reckless disregard for the safety of others, entitling Plaintiff to punitive damages. Plaintiff seeks punitive damages in an amount to be determined by the trier of fact, not to exceed Three Hundred Fifty Thousand Dollars ($350,000.00) pursuant to Va. Code Ann. § 8.01-38.1.
IV. PRAYER FOR RELIEF (AD DAMNUM CLAUSE)
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendant, jointly and severally, as follows:
A. Compensatory damages in the amount of $[____] or in such amount as shall be proven at trial;
B. Punitive damages in an amount not to exceed $350,000.00;
C. Pre-judgment interest from [DATE] and post-judgment interest at the statutory rate;
D. Costs incurred herein pursuant to Va. Code Ann. § 17.1-601; and
E. Such other and further relief as the Court deems just and proper.
V. DEMAND FOR JURY TRIAL
Plaintiff demands trial by jury on all issues so triable as a matter of right pursuant to Article I, § 11 of the Constitution of Virginia and Rule 3:21 of the Rules of the Supreme Court of Virginia.
VI. CERTIFICATION, VERIFICATION, AND SERVICE
[// GUIDANCE: Virginia does not require a formal “verification” by default, but counsel must sign per Rule 1:4, certifying good-faith grounds under Rule 11. Insert verification if fact-pleader wishes or if local rule demands.]
- Counsel Signature & Certification (Rule 1:4)
Respectfully submitted,
[ATTORNEY NAME, VSB No. ______]
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Plaintiff
- Certificate of Service (Rule 1:12)
I hereby certify that on this ___ day of ____, 20__, a true copy of the foregoing Complaint was served via [method] on:
[Defendant Counsel / Registered Agent Name & Address]
[ATTORNEY NAME]
OPTIONAL EXHIBIT INDEX
Exhibit A – Photographs of Accident Scene
Exhibit B – Medical Records & Bills
Exhibit C – Wage Loss Documentation
[// GUIDANCE: Exhibits are not required with initial filing but may strengthen early settlement posture. Redact PHI before public filing.]
CHECKLIST OF VIRGINIA-SPECIFIC COMPLIANCE ITEMS
• Ad damnum amount stated (local practice still permits/encourages).
• Punitive damages explicitly capped at $350,000 (Va. Code Ann. § 8.01-38.1).
• No reference to “comparative negligence”; plead plaintiff free of negligence (contributory-negligence state).
• Jury demand stated separately to preserve right.
• Joint-and-several liability language where multiple defendants are named.
• Counsel signature block compliant with Rule 1:4.
• Certificate of Service per Rule 1:12.
[// GUIDANCE: Confirm that any medical malpractice claim complies with Va. Code Ann. § 8.01-581.15 (overall damages cap) and consider a separate “medical review panel” request under § 8.01-581.1 et seq., if applicable.]
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