SUPERIOR COURT OF WASHINGTON
[COUNTY] COUNTY
[PLAINTIFF NAME],
Plaintiff,
v.
[DEFENDANT NAME(S)],
Defendant(s).
No. _____
COMPLAINT FOR PERSONAL INJURY (NEGLIGENCE)
[JURY DEMAND]
[// GUIDANCE: Insert court-assigned cause number upon filing.]
TABLE OF CONTENTS
- Parties, Jurisdiction, and Venue
- Definitions
- Factual Allegations
- First Cause of Action – Negligence
- Damages
- Conditions Precedent & Statutory Compliance
- Prayer for Relief
- Demand for Jury Trial
- Reservation of Rights to Amend
- Verification
- Certificate of Service
- Signature Block
1. PARTIES, JURISDICTION, AND VENUE
1.1 Plaintiff. [PLAINTIFF NAME] (“Plaintiff”) is an individual residing in [CITY], [COUNTY] County, Washington.
1.2 Defendant(s). [DEFENDANT NAME(S)] (“Defendant”) is/are [type of entity or individual] with principal place of business/residence in [LOCATION].
[// GUIDANCE: If multiple defendants, add subsections 1.2.1, 1.2.2, etc., and consider adding “DOE” defendants per CR 10(a)(1).]
1.3 Jurisdiction. This Court has subject-matter jurisdiction under Wash. Const. art. IV § 6 and RCW 2.08.010. The amount in controversy exceeds the statutory minimum for Superior Court and is not subject to mandatory arbitration under RCW 7.06, unless later designated.
1.4 Venue. Venue is proper in this County under RCW 4.12.020(2) because the cause of action arose here and/or Defendant resides/does business here.
2. DEFINITIONS
For purposes of this Complaint, the following capitalized terms have the meanings set forth below.
2.1 “Accident” means the incident occurring on or about [DATE] at or near [LOCATION] that forms the basis of this action.
2.2 “Economic Damages” has the meaning set forth in RCW 4.56.250(1)(a) and includes, without limitation, medical expenses, lost earnings, and out-of-pocket costs.
2.3 “Non-Economic Damages” has the meaning set forth in RCW 4.56.250(1)(b) and includes, without limitation, pain, suffering, inconvenience, disability, and loss of enjoyment of life.
2.4 “Plaintiff,” “Defendant,” “Parties,” and other capitalized terms shall have the respective meanings assigned in Section 1 unless the context clearly indicates otherwise.
3. FACTUAL ALLEGATIONS
3.1 On or about [DATE], Plaintiff was lawfully present at [LOCATION].
3.2 Defendant owed Plaintiff a duty to exercise reasonable care under the circumstances.
3.3 Defendant breached that duty by, inter alia, [DESCRIBE ACTS OR OMISSIONS—e.g., operating a motor vehicle while distracted/maintaining unsafe premises/etc.].
3.4 As a direct and proximate result of Defendant’s breach, the Accident occurred, causing Plaintiff to suffer serious bodily injuries.
3.5 Plaintiff has incurred and continues to incur medical expenses, wage loss, and other Economic Damages. Plaintiff has also sustained significant Non-Economic Damages including pain, suffering, and emotional distress.
3.6 Plaintiff was not comparatively negligent. In the alternative, any comparative fault attributable to Plaintiff is less than that of Defendant and should proportionally reduce, not bar, recovery under Washington’s pure comparative fault regime (RCW 4.22.005).
4. FIRST CAUSE OF ACTION – NEGLIGENCE
4.1 Plaintiff realleges and incorporates by reference Paragraphs 1.1 through 3.6.
4.2 Duty. Defendant owed Plaintiff a duty to exercise reasonable care as a reasonably prudent [person/entity] under like circumstances.
4.3 Breach. Defendant breached that duty as described above.
4.4 Causation. Defendant’s breach was the actual and proximate cause of Plaintiff’s injuries and damages.
4.5 Damages. Plaintiff suffered Economic and Non-Economic Damages in excess of $[AMOUNT] and within the jurisdictional limits of this Court.
4.6 Joint and Several Liability. To the extent permissible under RCW 4.22.070 (e.g., if Defendant acted in concert or committed intentional acts), Plaintiff seeks joint and several liability; otherwise, Plaintiff seeks recovery consistent with each Defendant’s proportionate share of fault.
5. DAMAGES
5.1 Economic Damages. Past and future medical expenses, lost wages, loss of earning capacity, and other out-of-pocket expenses in an amount to be proven at trial.
5.2 Non-Economic Damages. Past and future pain and suffering, emotional distress, disability, inconvenience, and loss of enjoyment of life in an amount to be determined by the trier of fact.
5.3 Punitive/Exemplary Damages. Not sought; Washington does not permit punitive damages in ordinary negligence actions.
5.4 Statutory Caps. Plaintiff alleges that any statutory cap (see RCW 4.56.250(2)) is unconstitutional and inapplicable under Sofie v. Fibreboard Corp., 112 Wn.2d 636 (1991). In the alternative, Plaintiff pleads damages up to the maximum amount allowed by any constitutionally valid limitation.
6. CONDITIONS PRECEDENT & STATUTORY COMPLIANCE
6.1 All conditions precedent to the filing of this action have been performed, satisfied, or waived.
6.2 If applicable, Plaintiff has complied with any pre-suit notice requirement under RCW 4.92 (claims against the State) or RCW 4.96 (claims against local governmental entities).
7. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that judgment be entered in favor of Plaintiff and against Defendant(s) as follows:
a. General and special damages in amounts to be proven at trial;
b. Pre- and post-judgment interest as allowed by law;
c. Plaintiff’s taxable costs and disbursements herein;
d. Attorney fees where authorized by contract, statute, or common law;
e. Limited injunctive relief if necessary to prevent ongoing harm (e.g., abatement of dangerous condition); and
f. Such other and further relief as the Court deems just and equitable.
8. DEMAND FOR JURY TRIAL
Plaintiff demands a trial by jury on all issues so triable pursuant to Const. art. I § 21 and CR 38.
9. RESERVATION OF RIGHTS TO AMEND
Plaintiff reserves the right to amend this Complaint to add parties, claims, or damages as discovery progresses and justice requires, pursuant to CR 15.
10. VERIFICATION
I, [PLAINTIFF NAME], under penalty of perjury under the laws of the State of Washington, verify that I have read the foregoing Complaint, know its contents, and believe it to be true and correct to the best of my knowledge, information, and belief.
Dated: [DATE] at [CITY], Washington.
[PLAINTIFF NAME]
Plaintiff
[// GUIDANCE: Verification may be omitted if attorney signs under CR 11 and client is unavailable; consult local rule.]
11. CERTIFICATE OF SERVICE
I certify that on [DATE] I caused true and correct copies of the foregoing Complaint to be served on:
• Counsel for Defendant [NAME & ADDRESS] via [SERVICE METHOD].
[NAME], WSBA No. ____
Attorney for Plaintiff
[// GUIDANCE: Adapt certificate to local rules (e.g., ECF, messenger, mail).]
12. SIGNATURE BLOCK
DATED: [DATE]
Respectfully submitted,
[ATTORNEY NAME], WSBA No. ____
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Plaintiff
OPTIONAL COUNTY-SPECIFIC ADDENDA
• Civil Case Cover Sheet (per CR C/Local Rule).
• ADR or Mandatory Mediation Certification.
• Confirmation of Case Schedule Receipt.
[// GUIDANCE: Check each county’s Local Civil Rules (“LCR”) for mandatory forms and timelines—e.g., King County LCR 4, Pierce County LCR 16, etc.]