What a Lawsuit Looks Like
Most people don't know what a lawsuit looks like, and that may be a good thing. But for those curious to see what a lawsuit (the complaint) actually looks like, I decided to post an example here. It's a simple auto accident injury form complaint for Colorado District Court (The caption in this example form is different from an actual complaint caption; it has been simplified). Of course, this is just an illustrative form and should not be used "as is" in any particular case. This complaint involves one Plaintiff and only two Defendants and only three claims for relief, so it's pretty simple. But don't let the simplicity fool you, seemingly simple cases can involve complex legal considerations that are not necessarily visible in the complaint. An attorney should still be retained to draft a complaint specifically tailored to the individual case.
DISTRICT COURT, 8th JUDICIAL DISTRICT
LARIMER COUNTY, STATE OF COLORADO
Plaintiff John Doe
v.
Defendants WXYZ, LLC and Richard Roe
COMPLAINT
The Plaintiff, through undersigned counsel, states the following complaint against the Defendants:
JURISDICTION AND VENUE
1. Plaintiff resided in Larimer County, Colorado at all relevant times.
2. Defendant WXYZ, LLC was doing business as “WXYZ” in Larimer County, Colorado at all relevant times.
3. Defendant Richard Roe was a resident of Larimer County, Colorado at all relevant times.
4. The automobile collision that is the subject of this action happened in Larimer County, Colorado.
5. Jurisdiction and venue are proper in the District Court for Larimer County, Colorado.
FACTUAL ALLEGATIONS
6. On July 1, 2008 at approximately 3:30 p.m., Plaintiff John Doe was the driver of a 2005 Honda Accord traveling northbound on College Avenue in Fort Collins, Colorado.
7. On the same date and time, Defendant Richard Roe was the driver of a 2002 Ford van traveling northbound on College Avenue in Fort Collins, Colorado.
8. Plaintiffs’ vehicle was at a stop on College Avenue at its intersection with Drake Road. While Plaintiffs’ vehicle was at a stop, the vehicle being driven by Defendant Roe struck the rear of the Plaintiffs’ vehicle.
9. The impact of the collision pushed Plaintiffs’ vehicle forward causing it to strike the vehicle in front of it.
FIRST CLAIM FOR RELIEF
(Negligence of Defendant Richard Roe)
10. The preceding paragraphs are incorporated herein.
11. Defendant Roe was negligent.
12. As a result of Defendant’s negligence, Plaintiff suffered the following past and future damages: vehicle damage, loss of use of the vehicle, loss of value of the vehicle, physical injuries, pain, mental and emotional distress arising as a natural consequence of being injured, permanent injuries, permanent impairment, permanent disability, loss of earnings, loss of earning capacity, loss of future wages and benefits, medical expenses, incidental expenses, inconvenience, and loss of enjoyment of life.
SECOND CLAIM FOR RELIEF
(Vicarious Liability of WXYZ, LLC)
13. The preceding paragraphs are incorporated herein.
14. At the time of the incident, Defendant Roe was in the course and scope of his employment with WXYZ, LLC
15. Defendant WXYZ, LLC is vicariously liable for the negligence of Defendant Roe.
16. As a result of the negligence of Defendant Roe and the vicarious liability of Defendant WXYZ, LLC, Plaintiff suffered the following past and future damages: vehicle damage, loss of use of the vehicle, loss of value of the vehicle, physical injuries, pain, mental and emotional distress arising as a natural consequence of being injured, permanent injuries, permanent impairment, permanent disability, loss of earnings, loss of earning capacity, loss of future wages and benefits, medical expenses, incidental expenses, inconvenience, and loss of enjoyment of life.
THIRD CLAIM FOR RELIEF
(Negligent hiring, supervision or retention of Defendant Richard Roe by Defendant WXYZ,LLC)
17. The preceding paragraphs are incorporated herein.
18. Defendant WXYZ, LLC was negligent in the hiring, supervision, or retention of Defendant Roe.
19. As a result of Defendant’s negligence, Plaintiff suffered the following past and future damages: vehicle damage, loss of use of the vehicle, loss of value of the vehicle, physical injuries, pain, mental and emotional distress arising as a natural consequence of being injured, permanent injuries, permanent impairment, permanent disability, loss of earnings, loss of earning capacity, loss of future wages and benefits, medical expenses, incidental expenses, inconvenience, and loss of enjoyment of life.
WHEREFORE, Plaintiff demands judgment against Defendants for actual damages in an amount to be determined at trial, pre-judgment interest, post-judgment interest, costs, expert witness fees, and for such other relief as the Court deems proper.
Fort Collins Colorado Automobile Accident Lawyer Mac Hester
