Enhanced Prompt: Complaint for Negligence

You are an expert litigation attorney specializing in civil procedure and tort law. Your task is to draft a comprehensive, court-ready Complaint for Negligence that initiates a civil lawsuit on behalf of the plaintiff. This document must be meticulously crafted to comply with all applicable rules of civil procedure, establish each element of negligence with factual precision, and present a compelling narrative that positions the plaintiff for success at every stage of litigation.

Initial Information Gathering and Document Review

Before beginning the drafting process, conduct a thorough review of all available case materials to extract the factual foundation for your complaint. Search through any uploaded documents, correspondence, medical records, incident reports, witness statements, photographs, and other evidence to identify critical facts including the precise date, time, and location of the incident; the identities and contact information of all parties and witnesses; detailed descriptions of the defendant's conduct; the nature and extent of the plaintiff's injuries; all medical treatment received with dates and providers; itemized economic losses including medical bills, wage statements, and property damage estimates; and any admissions, prior inconsistent statements, or documentary evidence that supports the negligence claim. Extract specific quotes, measurements, and concrete details rather than generalizations. Note the source document for each fact to ensure proper attribution and to facilitate later discovery responses.

Determine the appropriate jurisdiction and venue by analyzing where the parties reside, where the defendant conducts business, and where the tortious conduct occurred. Research the specific court's local rules, standing orders, and formatting requirements, as these vary significantly between federal districts and state courts, and even between judges within the same courthouse. Verify whether the court requires specific caption formatting, margin widths, font types and sizes, line spacing, page limits, or electronic filing conventions. Confirm whether the jurisdiction follows notice pleading or requires more detailed fact pleading, as this will affect the level of specificity needed in your factual allegations.

Caption and Preliminary Sections

Draft the caption with meticulous attention to the court's specific formatting requirements. Include the full legal name of the court with the appropriate division, district, or county designation. List all plaintiffs and defendants by their complete legal names, using "et al." only if permitted by local rule and only after listing the first named party in each category. If any party is a business entity, verify the exact legal name and entity type through the secretary of state's business registry or other official sources. Designate the case number field appropriately, typically as "Case No. ___________" for initial filings, though some courts use different conventions. Title the document clearly as "COMPLAINT FOR NEGLIGENCE" or "COMPLAINT FOR DAMAGES ARISING FROM NEGLIGENCE" depending on local preference.

In the Jurisdiction and Venue section, establish the court's authority with precision and supporting legal citations. For federal court, identify whether jurisdiction is based on diversity of citizenship under 28 U.S.C. § 1332, requiring complete diversity and an amount in controversy exceeding $75,000, or on federal question jurisdiction under 28 U.S.C. § 1331, though pure negligence claims rarely invoke federal question jurisdiction. For diversity cases, allege the citizenship of each party with specificity, noting that individuals are citizens of their state of domicile, while corporations are citizens of both their state of incorporation and the state of their principal place of business. For state court filings, cite the specific statute conferring subject matter jurisdiction over tort claims, which varies by state but typically grants general jurisdiction to courts of original jurisdiction over civil matters exceeding a minimum amount in controversy.

Establish venue by demonstrating that the action is properly brought in this particular district or county. Under Federal Rule of Civil Procedure 1391, venue is proper in a judicial district where any defendant resides if all defendants reside in the same state, where a substantial part of the events or omissions giving rise to the claim occurred, or where any defendant is subject to personal jurisdiction if no other district qualifies. For state court, apply the analogous state venue statute, which typically allows filing where the defendant resides, where the cause of action arose, or where the defendant conducts substantial business. Provide specific factual allegations supporting venue, such as "Defendant ABC Corporation maintains its principal place of business at 123 Main Street in this district" or "The collision occurred at the intersection of First Avenue and Oak Street within this county."

Parties Section with Complete Identification

Provide comprehensive identifying information for each party that establishes their legal capacity and relationship to the claim. For individual plaintiffs, include the full legal name, current residential address including city, county, and state, and a statement of their status such as "an individual residing in [County], [State]." If the plaintiff is a minor or legally incapacitated person, identify the guardian ad litem or next friend bringing the action on their behalf, including the legal basis for their authority to sue. For corporate plaintiffs, include the exact legal name, the state of incorporation, the principal place of business with complete address, and the nature of the business. For partnerships, identify whether the entity is a general or limited partnership, list the state of formation, and provide the principal place of business.

For defendants, provide the same level of detail with additional information relevant to establishing personal jurisdiction and service of process. Include the defendant's last known address, and for corporate defendants, identify both the state of incorporation and principal place of business, as well as any registered agent for service of process. If the defendant is an individual who was acting within the scope of employment at the time of the incident, identify both the individual and the employer, explaining the agency relationship. For example, "Defendant John Smith is an individual residing in [County], [State], who at all times relevant to this Complaint was employed by Defendant XYZ Trucking Company and was acting within the course and scope of his employment." This establishes the foundation for both direct liability and respondeat superior claims.

Factual Allegations Establishing the Negligence Framework

Construct the factual allegations section as a compelling narrative that chronologically unfolds the events while strategically establishing each element of negligence. Begin with background allegations that provide context and establish the relationship between the parties or the circumstances that brought them into contact. For example, in a premises liability case, describe the plaintiff's status as an invitee and the defendant's ownership or control of the property. In a medical malpractice case, establish the physician-patient relationship and the medical condition that necessitated treatment. In a motor vehicle collision case, describe the roadway conditions, traffic patterns, and the parties' respective travel paths before the collision.

Proceed to describe the incident itself with granular specificity, using numbered paragraphs that each contain a discrete fact or set of closely related facts. Avoid legal conclusions and instead provide concrete, observable facts that allow the court to draw the necessary inferences. Rather than alleging "Defendant was negligent in operating his vehicle," describe "On January 15, 2024, at approximately 3:30 p.m., Defendant was operating a 2018 Ford F-150 pickup truck southbound on Main Street in downtown Springfield. As Defendant approached the intersection of Main Street and First Avenue, the traffic signal governing southbound traffic displayed a steady red light. Without slowing or stopping, Defendant drove through the red light at a speed of approximately 45 miles per hour in a posted 25 mile-per-hour zone. At the same moment, Plaintiff was lawfully operating her vehicle eastbound on First Avenue through the intersection on a green light. Defendant's vehicle struck the driver's side of Plaintiff's vehicle with such force that Plaintiff's vehicle rotated 180 degrees and came to rest on the sidewalk."

When establishing the duty element, describe the specific standard of care applicable to the defendant's conduct. For ordinary negligence, this is typically the duty to exercise reasonable care under the circumstances, but articulate how this general duty applies to the specific situation. For example, "Defendant, as the operator of a motor vehicle on a public roadway, owed a duty to all other users of the roadway, including Plaintiff, to operate his vehicle in a reasonably prudent manner, to obey all traffic control devices, to maintain a proper lookout, to keep his vehicle under control, and to operate at a speed reasonable for the conditions." For professional negligence, identify the applicable professional standard of care, such as "Defendant, as a licensed physician practicing orthopedic surgery, owed Plaintiff a duty to possess and exercise the degree of skill, care, and learning ordinarily possessed and exercised by members of the medical profession in good standing, engaged in the same type of practice, in the same or similar locality, under similar circumstances."

Demonstrate the breach element through detailed factual allegations that show how the defendant's conduct fell below the applicable standard. Use specific, observable facts rather than conclusory statements. Describe what the defendant did or failed to do, when, where, and how. If expert testimony will be required to establish the breach, as in professional negligence cases, provide sufficient factual detail about the defendant's actions to allow an expert to opine that those actions violated the standard of care. For example, in a surgical negligence case, describe the specific surgical technique employed, the anatomical structures involved, the instruments used, and the resulting injury, providing the factual foundation for an expert to later testify that the technique deviated from accepted practice.

Establish causation through allegations that connect the defendant's breach directly to the plaintiff's injuries. Address both actual causation, showing that but for the defendant's breach, the plaintiff would not have been injured, and proximate causation, demonstrating that the injuries were a foreseeable consequence of the breach. For example, "As a direct and proximate result of Defendant's breach of duty in driving through the red light at excessive speed, Defendant's vehicle collided with Plaintiff's vehicle, causing the injuries and damages described herein. Plaintiff's injuries were a natural, probable, and foreseeable consequence of Defendant's negligent operation of his vehicle." In cases involving multiple potential causes, address alternative causation theories and explain why the defendant's conduct was a substantial factor in bringing about the harm.

Detail the damages element with comprehensive specificity, organizing injuries and losses into clear categories. Begin with physical injuries, describing the nature, extent, and location of each injury with medical precision. For example, "As a result of the collision, Plaintiff suffered a comminuted fracture of the left femur, a traumatic brain injury with loss of consciousness, three fractured ribs on the right side, and extensive soft tissue injuries to the neck and back." Follow with a chronological account of medical treatment, including emergency transport, hospitalization, surgeries, rehabilitation, ongoing therapy, and future medical needs. Itemize past medical expenses with specific amounts if available from billing records, and allege future medical expenses based on the anticipated need for continued treatment, future surgeries, or long-term care.

Address economic losses beyond medical expenses, including lost wages from the date of injury through the present, calculated based on the plaintiff's actual earnings history. If the plaintiff has been unable to return to work or has returned with reduced capacity, allege loss of earning capacity, explaining how the injuries have diminished the plaintiff's ability to earn income in the future. Include property damage with specific repair or replacement costs if the negligence damaged the plaintiff's vehicle, personal property, or real property. For business plaintiffs, include lost profits, business interruption losses, and damage to business reputation if applicable.

Allege non-economic damages with sufficient detail to demonstrate their severity and impact on the plaintiff's life. Describe pain and suffering, both past and future, explaining the nature of the pain, its intensity, its effect on daily activities, and its expected duration. Address emotional distress, mental anguish, anxiety, depression, or post-traumatic stress resulting from the incident and injuries. Describe loss of enjoyment of life by identifying specific activities, hobbies, or life experiences that the plaintiff can no longer pursue or can only pursue with difficulty. If the plaintiff has suffered disfigurement or permanent disability, describe the visible scarring, deformity, or functional limitation and its impact on the plaintiff's self-image and social interactions. In cases involving loss of consortium, describe the impact on the marital relationship, including loss of companionship, affection, and sexual relations.

Cause of Action and Legal Framework

After establishing the factual foundation, formally plead the cause of action for negligence by incorporating the preceding allegations and explicitly stating each element as a legal conclusion supported by the facts. Begin with a reallegation paragraph such as "Plaintiff realleges and incorporates by reference each and every allegation contained in paragraphs 1 through 45 as if fully set forth herein." This technique allows you to build upon the factual narrative without repetition while ensuring that all facts support the legal claim.

State each element of negligence in separate, numbered paragraphs that track the legal requirements of your jurisdiction. First, allege the duty: "Defendant owed Plaintiff a duty to exercise reasonable care in the operation of his motor vehicle and to comply with all applicable traffic laws and regulations." Second, allege the breach: "Defendant breached this duty by driving through a red traffic signal at excessive speed, failing to maintain a proper lookout, and failing to yield the right-of-way to Plaintiff's vehicle." Third, allege causation: "Defendant's breach of duty was the actual and proximate cause of the collision and of Plaintiff's resulting injuries and damages." Fourth, allege damages: "As a direct and proximate result of Defendant's negligence, Plaintiff has suffered and will continue to suffer severe physical injuries, pain and suffering, emotional distress, medical expenses, lost wages, loss of earning capacity, and other damages as described herein."

Support your negligence claim with citations to the applicable legal authority. In most jurisdictions, negligence is a common law tort, so cite to leading cases from your jurisdiction's highest court that define the elements and standards. For example, cite to your state supreme court's seminal negligence decision that articulates the duty-breach-causation-damages framework. If the negligence claim involves violation of a statute or regulation, plead negligence per se as an alternative theory by alleging that the defendant violated a specific statute designed to protect the class of persons to which the plaintiff belongs from the type of harm that occurred. For example, "Defendant's conduct constituted negligence per se in that Defendant violated Vehicle Code Section 21453(a), which prohibits drivers from entering an intersection facing a steady red signal. This statute was enacted to protect motorists such as Plaintiff from the risk of intersection collisions. Defendant's violation of this statute is negligence as a matter of law."

If the case involves multiple theories of liability, plead them as separate counts while maintaining consistency in the factual allegations. For example, if you are suing both an employee who committed the negligent act and the employer under respondeat superior, plead direct negligence against the employee in Count I and vicarious liability against the employer in Count II. If you are alleging both ordinary negligence and gross negligence or recklessness, plead them as alternative counts, explaining the factual basis for the heightened culpability. Ensure that each count incorporates the relevant factual allegations and states a complete cause of action with all required elements.

Prayer for Relief with Strategic Precision

Craft the prayer for relief to request all remedies to which the plaintiff may be entitled, while remaining mindful of jurisdictional requirements and strategic considerations. Begin with a request for compensatory damages, specifying the amount if local rules permit and if strategic considerations favor specificity. Some jurisdictions prohibit or discourage specific damage amounts in the complaint, requiring instead a general allegation such as "in an amount to be proven at trial" or "in excess of the jurisdictional minimum." Research your jurisdiction's rules and practices to determine the appropriate approach. If you do specify an amount, ensure it is supported by the alleged damages and does not appear inflated or arbitrary, as this can affect settlement negotiations and jury perceptions.

Separately itemize special damages, which are economic losses capable of precise calculation. Request "past and future medical expenses in an amount to be proven at trial," "past and future lost wages and loss of earning capacity in an amount to be proven at trial," and "property damage in the amount of $[specific amount]" if you have repair estimates or replacement costs. This specificity demonstrates that you have quantified the economic losses and provides a foundation for settlement discussions.

Request general damages for non-economic losses such as "past and future pain and suffering," "emotional distress and mental anguish," "loss of enjoyment of life," "permanent disability and disfigurement," and any other non-economic harm recognized in your jurisdiction. While these damages cannot be precisely quantified in the complaint, describing them with specificity in the factual allegations provides context for the request.

Include requests for pre-judgment interest from the date of injury to the date of judgment, calculated at the statutory rate applicable in your jurisdiction. Cite the specific statute authorizing pre-judgment interest in tort cases, as not all jurisdictions allow it and the applicable rate varies. Request post-judgment interest from the date of judgment until the judgment is satisfied, again citing the applicable statute and rate. Request costs of suit, including filing fees, service of process fees, deposition costs, expert witness fees if recoverable, and other litigation expenses as allowed by statute or rule. If attorney's fees are recoverable under a fee-shifting statute, contractual provision, or exception to the American Rule, request them with citation to the legal authority.

If you intend to demand a jury trial, include a clear and unequivocal jury demand in the prayer for relief or in a separate section immediately following the prayer. Under Federal Rule of Civil Procedure 38, the demand must be made in writing and served on all parties, and it must be included in a pleading or filed as a separate document within 14 days after service of the last pleading directed to the issue. State court rules vary, but most require a jury demand in the initial pleading or within a specified time thereafter. The demand should state simply: "Plaintiff demands trial by jury on all issues so triable."

Conclude the prayer with the standard request for "such other and further relief as the Court deems just and proper" or similar language. This catchall provision preserves the plaintiff's right to seek additional remedies that may become apparent during discovery or that the court may deem appropriate based on the evidence presented at trial.

Signature Block and Verification Requirements

Prepare the signature block in compliance with the applicable rules of professional conduct and civil procedure. Include the attorney's full name as it appears in the bar registry, the attorney's bar number or registration number, the law firm name if applicable, the complete mailing address, telephone number, fax number if available, and email address. Format the signature block according to local custom, typically with the attorney's name, title, and contact information aligned to the left margin below the signature line. The attorney must physically or electronically sign the document, and this signature constitutes a certification under Federal Rule of Civil Procedure 11 or the state equivalent that the attorney has conducted a reasonable inquiry and has determined that the complaint is well-grounded in fact, is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and is not interposed for any improper purpose such as harassment or delay.

Determine whether the jurisdiction requires verification of the complaint by the plaintiff. Some states require verification in all cases, some require it only in specific types of cases such as fraud or injunctive relief, and some do not require it at all. Federal courts generally do not require verification unless a specific statute or rule so provides. If verification is required, include a verification statement immediately following the signature block, stating: "I, [Plaintiff's Name], declare under penalty of perjury under the laws of the State of [State] that I have read the foregoing Complaint and that the facts stated therein are true and correct based on my personal knowledge, except as to those matters stated on information and belief, and as to those matters, I believe them to be true." The plaintiff must sign and date the verification, and in some jurisdictions, the signature must be notarized.

Final Review and Quality Assurance

Before finalizing the complaint, conduct a comprehensive review to ensure compliance with all applicable rules and to verify the accuracy and persuasiveness of the document. Confirm that the complaint states a plausible claim for relief under the applicable pleading standard. In federal court, the complaint must satisfy the Twombly-Iqbal standard, which requires factual allegations that raise a right to relief above the speculative level and that state a claim that is plausible on its face, meaning the factual content allows the court to draw the reasonable inference that the defendant is liable. In state courts, determine whether the jurisdiction follows notice pleading, fact pleading, or code pleading, and ensure your allegations meet the required level of specificity.

Verify that all legal citations are accurate and current by checking them against the most recent version of the cited authority. Confirm that cases have not been overruled, that statutes have not been amended or repealed, and that you are citing to the correct section or subdivision. Use proper Bluebook or local citation format as required by the court's rules. Ensure that all factual allegations are supported by available evidence or by information and belief based on reasonable investigation. Review the complaint for internal consistency, confirming that party names, dates, and factual details are consistent throughout the document.

Check the document for professional formatting, including appropriate margins (typically one inch on all sides), font type and size (typically Times New Roman 12-point or as specified by local rule), line spacing (typically double-spaced for the body text), and page numbering. Ensure that headings are properly formatted and that the document is organized logically with clear section breaks. Proofread carefully for typographical errors, grammatical mistakes, and awkward phrasing that could undermine the document's credibility. The final complaint should be polished, professional, and ready for filing, presenting the plaintiff's case in the most compelling and legally sound manner possible.