For Plaintiffs general and special damages; For Plaintiffs costs incurred in pursuing these claims; For pre- and post-judgment interest to the extent provided by law; For such further relief as the Court deems just and fair. Planning Pack, Home 60604, 775-386-6155 IN THE CIRCUIT COURTFOR BALTIMORE CITYCIVIL ACTION NO. Defendant breached [his/her] duty of care owed to Decedent when Defendant operated [his/her] vehicle in such a negligent manner so as to cause the accident, as described in this Complaint, in which Decedent was injured and ultimately died. 3. Guide, Incorporation This is called "breaching" (or violating) the duty of care. Templates, Name If you have any questions about this, please contact an attorney at LamberGoodnow.com or by calling 602-274-9662. an LLC, Incorporate Defendants __________ and [John/Jane] Doe __________ are now and were residents of Maricopa County, State of Arizona, and married to each other as husband and wife. Even driving at the speed limit can be considered negligent if, for example, visibility is low, the weather is bad, or the circumstances warrant particular caution (driving by a school where you can expect children to be crossing, for example). Complaint for Damages - 2 - the pertinent Rules of the Road for the State of Georgia. Agreements, Sale The first vehicle is in the right-hand lane, going the speed limit. Defendants failure to comply with the above-referenced statute created the type of. Business Packages, Construction Category: Civil Actions - Negligence - Motor Vehicle Accidents - Samples State: Multi-State Control #: US-M6790 Instant Download Buy now Available formats: Word | Rich Text Free Preview Description Related Forms How to Guide One example might be: Was either driver negligent? WHEREFORE: Plaintiff demands judgment against Defendant in an amount in excess of $75,000.00, plus costs, pre-judgment interest, and post-judgment interest as this Court deems appropriate. Learn more about what to expect when meeting with a car accident lawyer. Don't talk to the drivers or other passengers. Corporations, 50% off Liens, Real The information it not intended to be used by anyone other than a licensed Arizona attorney familiar with Arizona personal injury law. Proximate cause. of Sale, Contract As the direct and proximate result of Defendants negligence, tortious conduct and wrongdoing, Decedent sustained serious injuries that resulted in death. We use cookies to improve security, personalize the user experience, enhance our marketing activities (including cooperating with our marketing partners) and for other business use. Forms, Small Law, Intellectual Will, Advanced Motorist Negligence In Child Dart-Out Cases, Injury Or Death From Missing Or Defective Traffic Control Device, Carpool or Share-the-Ride Liability Lawyers, Parental Liability For Automobile Accidents Caused By a Child, Passenger Liability In Automobile Accidents, Spousal Recovery for Auto Accident Injuries. To generally initiate a valid car accident claim, there is a need to be able to demonstrate the following elements of negligence; That the other driver had a duty to operate his or her vehicle and conduct themselves appropriately on the road That the other driver has breached his or her duty (Ii9p.Ss:P$M3'HHk:sgJBGB@*(P.Ct=s>*q2}3{r*krLbK@J9*8 K/pFG9l$9QMe BK .kAF=R#'j:9d~R Directive, Power Agreements, Letter Attorney, Terms of Sales, Landlord [Defendant __________ is a single [man/woman] and a resident of Maricopa County, Arizona.]. Forms, Independent If you're confident that you can come away with a fair result, check out these articles to learn more about the car accident claim process: And for in-depth guide to navigating each phase of a car accident claim, get How to Win Your Personal Injury Claim, by Joseph L. Matthews (Nolo). ______ (name) for vehicle number _______ (mention vehicle number). for Deed, Promissory of Incorporation, Shareholders 4. In this article, we'll: Negligence is careless conduct that ends up causing harm to another person. Defendant had a duty to act reasonably and use due care while driving a vehicle. Matters outside of these jurisdictions are handled by Fennemore Craig, P.C., lawyers licensed in the relevant jurisdiction or by or with the assistance of attorneys at other associated, co-counsel law firms who are licensed in the relevant jurisdiction. The Crash was directly and proximately caused by the negligence of Defendant . Failure to do so can constitute negligence. Amendments, Corporate 85016 The information it not intended to be used by anyone other than a licensed Arizona attorney familiar with Arizona personal injury law. Plaintiff was lawfully operating her vehicle eastbound on Pratt Street when she came to stop for a red light at the Light Street intersection. In other respects not now known to the Plaintiff but which may become known before or at the time of trial. Negligence. Automobile negligence occurs when a driver of a motor vehicle did not operate that vehicle in a reasonably safe manner and caused injury to another. Talk With Us Your Name Is: * Your Email Is: * Your Phone Number Is: * & New Jersey Complaint Auto Negligence and Property Damage Sample Complaint For Property Damage The Forms Professionals Trust! for Deed, Promissory The defendant was not careful. Estate, Public '4ai|e9oF?nVg 49$U.|e~6m]t7Mm]^|z5g>zW^M3 m>f+]j7Zf50a8fwCVLNVIffnvipfYl_aWA ?Uz@xeyL@UM!{w7/.+[zRu*aX:TlqX`o/vv26v JS-zyK]oM4?n2wu@RewputzeOT-/&nB= &o>q;{LQZf5OD'P>#7 -ZuMZ049p-Mx=]$d{2\CAmO]l^8=5? Negligence may also stem from an omission or failure to act. Obtain contact information. The four elements of a negligence claim are: To summarize, negligence refers to the failure to exercise reasonable care, with that failure resulting in the damage or injury of another person. medical records and bills related to treatment of car accident injuries, vehicle damage inspection reports and repair estimates, and. ], Defendant breached this duty when [he/she] failed to yield when making a turn from a private roadway or driveway onto a highway, as required by A.R.S. Ron even fought to reduce how much I owed in medical bills so I could get an even larger settlement. & Jud. Simply put, negligence is the legal theory allowing for injured parties to recover for the carelessness of others. Will, All Choose the appropriate subscription to suit your needs. x]}1^&! Business Packages, Construction Center, Small ; there is no separate law firm or business entity. This is a sample Complaint for a standard auto tort case in Maryland Circuit Court. Records, Annual 28-693. Templates, Name This document is a sample lawsuit related to a specific set of facts and circumstances and should not be used or relied upon for any car accident matter. In determining whether a driver was sufficiently careful, the law compares the driver's conduct with the conduct expected of a "reasonable person." Change, Waiver Choose a needed format if a number of options are available (e.g., PDF or Word). The theory of negligence is based on a persons failure to take reasonable precautions, as opposed to their direct actions. COMPLAINT Plaintiff, Jane Doe ("Plaintiff"), by and through undersigned counsel, brings this action against Defendant, Janice Tortfeasor ("Defendant"), and states as follows: PARTIES 1. Agreements, Corporate Plaintiffs damages include pre-impact fright, medical expenses in the past, medical expenses into the future, inconvenience, disfigurement, mental anguish in the past, mental anguish into the future, physical pain and suffering in the past, and physical pain and suffering that Plaintiff is expected to endure into the future. OK2SAY : 855-565-2729. Car accident lawsuits should not be complex or include excessive detail. of Attorney, Personal Defendants negligence caused the death of Decedent. Many laws associated with negligence vary from state to state. Examples of conduct that may give rise to a presumption of negligence include: Certain legal defenses might be utilized to lower or erase the defendant's liability in a car accident case (that is, the amount of compensation the defendant must pay the plaintiff). . On or about _____________, at approximately _____, Defendant, the driver of a motor vehicle, was traveling on _________________________, in __________, Arizona, when Defendant negligently and carelessly failed to control the location and speed of [his/her] vehicle, causing it to violently strike Decedents vehicle resulting in [his/her] personal injuries and eventual death, and causing harms, losses and damages to the Plaintiffs and/or each interested party Plaintiff represents. What Should You Do If Youre In An Accident? ], Defendant breached this duty when [he/she] failed to stop at a red light, as required by A.R.S. They may send you a letter of demand, phone you, or send you an email or sms. Depending on the circumstances, passengers in a car accident can file a claim with their driver's insurance company, the other driver's insurance provider, or their own personal insurer. Cellphone Use/Texting While Driving Accidents. Seek medical care. & Resolutions, Corporate The Defendant's negligence was the proximate cause of Plaintiffs injuries. Agreements, Bill Each state's motor vehicle laws govern how drivers are expected to behave on the road. For example, if a pedestrian runs onto the road and is hit by a car, the driver might escape all liability. It is important to note that even when those four elements are shown, and negligence is established, a defense could mitigate how much a defending party must pay. 9. If you have any questions about this, please contact an attorney at LamberGoodnow.com or by calling 602-274-9662. CIVIL ACTION FILE NO. James C. Sexton, the Defendant, is a resident of Maryland. MAP will provide direction as to the repair of the vehicle. If possible preview it and read the description before purchasing it. 8. Contractors, Confidentiality If you've suffered a whiplash injury in a car accident, whether you were a passenger or a driver, and someone else was at fault, you could be entitled to claim compensation. Will, Advanced In order to succeed in a car accident lawsuit based on negligence, it must be legally proven that the other party involved in the accident was indeed at fault. Plaintiff will amend [his/her] Complaint when the true names of those Defendants become known. Other times, accidents are caused by Negligence and there are legal consequences. Each of the fifteen counties in Arizona have their own threshold of the amount in controversy that is required not to qualify for compulsory arbitration. or may only have to pay for a portion of the pedestrian's injuries. AZ The man is currently in the hospital and is in . Complaints are a legal pleading that can be used against you at trial if you overreach. Neither driver sees the other until they collide in a "sideswipe.". Because of this, negligence claims generally involve complex analysis in order to determine whether the defendant failed to follow their duty of safety. Professionals at the Lamber Goodnow legal team are just a click or call away. As a direct and proximate result of Defendants negligence, tortious conduct and wrongdoing that resulted in Decedents death, the following individuals have been deprived of love, care, affection, companionship, support, financial support and other benefits and pleasures of the family relationship: __________, __________, __________, __________, __________, __________ [list all names in family of origin actively involved in Decedents life prior to the accident]. As a direct and proximate result of the negligence and carelessness of the Defendant, the Plaintiff: suffered serious, painful and permanent bodily injuries, great physical pain and mental anguish, severe and substantial emotional distress, loss of the capacity for the enjoyment of life; was, is and will be required to undergo medical treatment and to incur medical costs and expenses to alleviate injuries, pain and suffering; was, is and will be precluded from engaging in normal activities and pursuits, including a loss of ability to earn money and of actual earnings; and, otherwise was hurt, injured and caused to sustain losses. It was given case number and assigned to Judge . ], Defendant breached this duty when [he/she] failed to yield when making a turn from a private business or residential driveway onto a roadway, as required by A.R.S. Voting, Board That negligent driver is liable for damages by his/her reckless driving. This form is a sample personal injury complaint filed by the guest passenger in Vehicle 1 against driver of Vehicle 1 and driver of Vehicle 2, alleging the negligence of both drivers caused plaintiff's injuries. Is There a Car Accident Settlement Formula? Car accident lawsuits should not be complex or include excessive detail. Law, Products Reno, We recommend and urge you to consult with an experienced accident lawyer for professional advice as each case is unique. Operating Agreements, Employment Change, Waiver We serve the following localities: Baltimore; Prince George's County including Bowie, Laurel, Landover, Hyattsville; Anne Arundel County including Glen Burnie; Baltimore County including Cockeysville, Glyndon, Hunt Valley, Jacksonville, Lutherville-Timonium, Owings Mills, Parkville, Reisterstown, Plaintiff Attorney Legal Information Center, Example Pretrial Documents for Plaintiff's Lawyers, Example Pleadings in Personal Injury Cases. If you're a victim of negligence and are seeking compensation, it can be hard to prove negligence. When it comes to drafting a legal document, its easier to delegate it to the professionals. 602-ARIZONA (602-274-9662) 2394 E Camelback Rd #600 Phoenix, AZ 85016 602-274-9662 0, 303-800-8888 1700 Lincoln Street #2400 Denver, CO 80203, 702-625-7777 300 S. 4th Street #1400 Las Vegas, NV 89101, 520-394-4733 420 West Mariposa Road, Suite 200 Nogales, AZ 85621, 520-477-7777 1 S Church Ave #1000 Tucson, AZ 85710, 312-757-7777 141 West Jackson Boulevard #4219 Chicago, IL 60604, 775-386-6155 300 E. 2nd Street Reno, NV 89501. Notes, Premarital Agreements, Bill Will, Advanced At the same time, a motor vehicle operated by James C. Sexton, Defendant, was traveling, and smashed into the Plaintiffs vehicle, causing a car accident in which the Plaintiff sustained severe personal injuries. Login. All rights reserved. Q: How can I file a wrongful death accident complaint? of Attorney, Personal Order Specials, Start A-Z, Form Damages include costs such as: The negligent party may have their drivers license privileges temporarily suspended. Freedom of Information Act requests: 517-241-1934. Us, Delete with honors from the University of Texas in 2014. All of the Plaintiff's losses were, are and will be due the carelessness and negligence of the Defendant, James C. Sexton, without any negligence or want of due care on the Plaintiff's part contributing to the harm done. 28-772. Drunk driving is generally considered to be a criminal offense, while negligence is a civil violation. Hopefully I won't need it again but if I do, I have definitely found my lawyer for life and I would definitely recommend this office to anyone! A-Z, Form 2023 by The Lamber-Goodnow Injury Law Team at Fennemore Craig, P.C.. All rights reserved. ]!'lvP[oSwv3Y3"W Drivers have a duty to drive at a reasonable, prudent speed in light of the existing traffic, road, visibility, and weather conditions. Name Change, Buy/Sell 10. Tenant, More Rear-end car accident complaint or statement of claim (download . Under the theory of comparative negligence, if a driver is at fault for an accident, his or her settlement should be reduced by the percentage of fault assigned to that driver.In California, you can be 90% liable for the accident and still be eligible to receive 10% of your damages as compensation for your injuries. The lesson here is that, if you're the plaintiff, it's important to gather the right evidence to help you prove your case, including: Use this checklist of records to gather after a car accident and learn more about evidence that can help your car accident claim. Defendant's negligence include failure to operate their vehicle in a safe and lawful manner . 4. Disclaimer: The information and forms on this site are for illustrative purposes only. 12. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Forms, Independent Contractors, Confidentiality No need to worry about making typos because your sample can be employed and sent away, and printed as often as you wish. So all you need to do is list the claims you intend to make and providesufficient factual allegations to support the claims made. 7. Directive, Power Order Specials, Start Will, All Defenses to Negligence In a Car Accident Case As a direct and proximate cause of the negligence of Defendant, Plaintiff sustained severe and permanent injuries. Driving at a reasonable speed . Copyright 1999-2023 LegalMatch. You can use the tools on this page to connect with an injury lawyer in your area. It's possible, but it's certainly not common. Negligence (George Hurt v. Acme Services, Inc.) 8. Will, All Divorce, Separation It's hard to say, but a case could be made that this was a true accident where no one was at fault. Minutes, Corporate 28-856. Note: If an accident occurs after business hours, call1-800-937-8149, and their After Hours Services willarrange for your vehicle to be towed. Estate & Estates, Corporate - As a direct and proximate result of Defendants negligence, tortious conduct and wrongdoing, Plaintiffs __________, __________, __________ [father/mother] suffered the death of their [son/daughter] and experienced severe emotional distress due to the death of their beloved [son/daughter]. If they are insured, their insurer may contact you. Plaintiffs, by and through counsel undersigned, and for [his/her] Complaint against Defendants, alleges as follows: WHEREFORE, Plaintiffs requests that the Court enter judgment against Defendant as follows: DATED this ____ day of _____________, _____. Submit your case to start resolving your legal issue. Professional Standards Section (Internal Affairs): to file a complaint against or commend a department member. Responding to a claim. Law, About It is important to note that both criminal and civil charges can be brought against the same defendant for the same incident. There must be some actual injury to the victim.Sometimes, accidents just happen and nobody is at fault. LegalMatch, Market Defendant breached this duty when [he/she] drove a vehicle in reckless disregard for the safety of persons, as required by A.R.S. That doesn't mean you yourself cant get a sample to utilize, nevertheless. Agreements, Sale The collision was caused by the recklessness, carelessness and negligence of the Defendant, James C. Sexton, for that among other acts and omissions the Defendant: operated the motor vehicle at a high, dangerous and excessive rate of speed under the circumstances then and there existing; failed to reduce speed to avoid a collision; failed to observe due care and precaution and to maintain proper and adequate control of the motor vehicle; failed to keep a proper lookout for other vehicles lawfully upon the highway; failed to exercise reasonable care in the operation of the motor vehicle under the circumstances then and there existing; and. My Account, Forms in Theft, Personal Disclaimer: The information and forms on this site are for illustrative purposes only. 28-701(A). 85710, 312-757-7777 Two drivers are both traveling eastbound on the highway. Minutes, Corporate Liens, Real Let's assume that your own negligence might have played a part in causing the accident that led to your injury claim. Records, Annual Every case involves risk, including the risk of loss. When you've been injured by another person in California, you have a right to file an injury claim against them.If you were a passenger in the at-fault driver's vehicle or a passenger in another vehicle involved in the accident, you can file a claim against the person who was to blame.
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