IN THE CIRCUIT COURT OF [__] COUNTY, WEST VIRGINIA
[PLAINTIFF NAME(S)],
Plaintiff(s),
v. Civil Action No. ____
[DEFENDANT NAME(S)],
Defendant(s).
VERIFIED COMPLAINT FOR PERSONAL INJURY
[// GUIDANCE: West Virginia follows modified comparative negligence with a 50% bar rule and a proportionate fault system that generally abolishes joint-and-several liability except in limited statutory circumstances (e.g., deliberate intent or ≥30% fault). Draft allegations to preserve Plaintiff’s right to full recovery while anticipating comparative fault defenses.]
TABLE OF CONTENTS
- Parties .......................................................................................... 2
- Jurisdiction and Venue ............................................................. 2
- Conditions Precedent & Statutory Compliance ................................ 3
- Factual Allegations ..................................................................... 3
- Cause of Action – Negligence .................................................... 5
- Damages ..................................................................................... 7
- Demand for Jury Trial .............................................................. 8
- Prayer for Relief ......................................................................... 8
- Reservation of Rights ............................................................. 9
- Verification ................................................................................ 9
- Certificate of Service ............................................................. 10
1. PARTIES
1.1 Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is an individual resident of [County] County, West Virginia, over the age of eighteen, and competent to sue.
1.2 Defendant [DEFENDANT NAME] (“Defendant”) is [describe entity—e.g., a West Virginia corporation] having its principal place of business at [address] and may be served through [registered agent/individual] at [service address].
[// GUIDANCE: Add additional Plaintiffs/Defendants in separately numbered paragraphs. For fictitious or unknown defendants, plead “John Doe” with a short statement of basis for fictitious pleading.]
2. JURISDICTION AND VENUE
2.1 This Court has subject-matter jurisdiction under W. Va. Const. art. VIII and the West Virginia Code because the amount in controversy exceeds the jurisdictional minimum and the claims arise under state tort law.
2.2 Personal jurisdiction is proper because Defendant [is domiciled in / transacts substantial business in / committed the tortious conduct within] West Virginia.
2.3 Venue lies in [County] County pursuant to W. Va. Code §56-1-1 et seq. because [provide statutory basis—e.g., the cause of action arose here, Defendant resides here, etc.]
3. CONDITIONS PRECEDENT & STATUTORY COMPLIANCE
3.1 All conditions precedent to filing this action have been satisfied, waived, or are inapplicable.
3.2 Plaintiff has complied with any presuit notice requirements, including [identify if applicable—e.g., motor-vehicle insurance notice].
3.3 Plaintiff is not required to submit the dispute to arbitration, and no contractual indemnity or liability-limitation provisions apply.
4. FACTUAL ALLEGATIONS
4.1 On [date], at approximately [time], Plaintiff was [describe activity—e.g., lawfully operating a motor vehicle] traveling [northbound on Route ___] in [location].
4.2 Defendant, by and through its agent [name or “unknown driver”], negligently [describe conduct—e.g., failed to keep a proper lookout, ran a red light, etc.].
4.3 As a direct and proximate result, Defendant’s vehicle [detail collision or incident], causing Plaintiff to suffer severe bodily injuries, including but not limited to [list injuries].
4.4 Plaintiff required emergency medical treatment at [facility], has incurred medical expenses presently totaling approximately $[amount], and will continue to incur additional medical expenses.
4.5 Plaintiff has suffered lost wages of approximately $[amount] and diminished future earning capacity estimated at $[amount].
4.6 Plaintiff has experienced, and will continue to experience, pain, suffering, mental anguish, loss of enjoyment of life, and other non-economic damages.
4.7 At all relevant times, Plaintiff exercised reasonable care and did not contribute to the incident; alternatively, any comparative fault attributable to Plaintiff is less than fifty percent (50%).
5. CAUSE OF ACTION – NEGLIGENCE
5.1 Plaintiff realleges and incorporates by reference ¶¶1 through 4.7.
5.2 Duty. Defendant owed Plaintiff a duty of reasonable care under the circumstances, including compliance with all applicable traffic laws, regulations, and common-law safety obligations.
5.3 Breach. Defendant breached that duty by, inter alia:
(a) [specific negligent act #1];
(b) [specific negligent act #2]; and
(c) Failing to exercise the ordinary care a reasonably prudent person would exercise in similar circumstances.
5.4 Causation. Defendant’s breaches were the direct and proximate cause of the injuries and damages sustained by Plaintiff.
5.5 Damages. Plaintiff has sustained actual damages as set forth in Section 6, all of which are recoverable under West Virginia law.
5.6 Comparative Fault & Several Liability. To the extent any non-party is alleged to have contributed to Plaintiff’s injuries, Defendant bears the burden of pleading and proving comparative fault allocations consistent with West Virginia’s proportionate liability statutes.
[// GUIDANCE: Plead a punitive-damages count separately if facts justify “willful, wanton, or reckless” conduct. Remember punitive damages in WV are statutorily capped at the greater of 4× compensatory damages or $500,000, unless an enumerated exception applies.]
6. DAMAGES
6.1 Economic Damages (Special):
(a) Past medical expenses ................................... $[_]
(b) Future medical expenses ............................... $[_]
(c) Past lost wages ............................................. $[_]
(d) Future loss of earning capacity .................... $[_]
6.2 Non-Economic Damages (General):
(a) Physical pain and suffering
(b) Mental anguish
(c) Loss of enjoyment of life
(d) Permanent impairment and/or disfigurement
6.3 Punitive Damages: Plaintiff seeks punitive damages arising from Defendant’s willful, wanton, or reckless disregard for safety, subject to applicable statutory caps.
6.4 Pre- and post-judgment interest as allowed by law.
[// GUIDANCE: Do NOT plead a sum certain for general or punitive damages; use “to be determined by the jury” to preserve maximum recovery.]
7. DEMAND FOR JURY TRIAL
Pursuant to Rule 38 of the West Virginia Rules of Civil Procedure and Article III, §13 of the West Virginia Constitution, Plaintiff demands a trial by jury on all issues so triable.
8. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in Plaintiff’s favor and against Defendant as follows:
a. Awarding compensatory damages in an amount to be proven at trial;
b. Awarding punitive damages as permitted by law;
c. Awarding pre-judgment and post-judgment interest;
d. Awarding costs of this action, including reasonable attorney’s fees where allowed; and
e. Granting such other and further relief as the Court deems just and proper.
9. RESERVATION OF RIGHTS
Plaintiff reserves the right to amend this Complaint to add additional parties, claims, or theories of recovery as discovery may warrant, and to seek equitable or injunctive relief should circumstances require.
10. VERIFICATION
I, [PLAINTIFF NAME], verify under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge, information, and belief.
Date: __ ________
[PLAINTIFF NAME]
[// GUIDANCE: WV Rule 11 requires signature by counsel; a separate verification by the plaintiff is prudent but not always mandatory. Confirm local rule requirements in the filing county.]
11. CERTIFICATE OF SERVICE
I hereby certify that on this ___ day of ____ 20__, a true and correct copy of the foregoing VERIFIED COMPLAINT was served upon:
• Counsel for Defendant
[NAME]
[LAW FIRM]
[address]
[method: hand delivery / U.S. Mail / E-service]
[ATTORNEY NAME] (WV Bar #____)
[LAW FIRM]
[Address]
[Phone] | [Email]
Counsel for Plaintiff
[// GUIDANCE: Check the West Virginia Rules of Electronic Filing for accepted service methods in the chosen circuit court.]