IN THE [CIRCUIT/SUPERIOR] COURT OF [__] COUNTY, INDIANA

Civil Division

PLAINTIFF:
[PLAINTIFF FULL LEGAL NAME], an individual,
[Street Address]
[City], Indiana [ZIP]

v. Cause No. ___

DEFENDANT(S):
[DEFENDANT FULL LEGAL NAME], an individual/Entity,
[Street Address]
[City], Indiana [ZIP]

COMPLAINT FOR PERSONAL INJURY – MOTOR VEHICLE COLLISION

[// GUIDANCE: This template assumes a single-plaintiff/single-defendant auto-collision case. Duplicate or modify party sections and counts as needed.]

Date Drafted: [__]

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I. DOCUMENT HEADER & PRELIMINARY ALLEGATIONS
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1. Nature of Action
   1.1 This is a civil action sounding in negligence arising out of a motor-vehicle collision that occurred on [DATE] at or near [LOCATION], within [__] County, Indiana.

2. Governing Law, Jury Demand & Forum
   2.1 Plaintiff pleads causes of action under the substantive tort law of the State of Indiana.
   2.2 Pursuant to Article 1, Section 20 of the Indiana Constitution and Indiana Trial Rule 38, Plaintiff respectfully demands trial by jury on all issues so triable.
   2.3 Venue is proper in this Court under Indiana Trial Rule 75(A)(__) because [BASIS—e.g., the collision occurred in this county, Defendant resides here, etc.].

3. Comparative Fault Allegation
   3.1 Indiana follows a modified comparative fault regime, barring recovery only if a claimant's fault exceeds 50 percent. Ind. Code § 34-51-2-5 (2024).
   3.2 Plaintiff alleges that any comparative fault attributable to her does not exceed fifty percent (50%).

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II. DEFINITIONS
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For clarity and consistency, the following capitalized terms are used herein:

“Accident” means the motor-vehicle collision occurring on [DATE] at [LOCATION].
“Vehicle Code” means Title 9 of the Indiana Code and applicable municipal traffic ordinances.
“Economic Damages” means past and future medical expenses, lost wages, loss of earning capacity, and other pecuniary losses recoverable under Indiana law.
“Non-Economic Damages” means damages for pain, suffering, mental anguish, physical impairment, and loss of enjoyment of life.
“Plaintiff” means [PLAINTIFF FULL LEGAL NAME].
“Defendant” means [DEFENDANT FULL LEGAL NAME] unless the context dictates otherwise.

[// GUIDANCE: Delete Definitions Section entirely if you prefer traditional notice-pleading format.]

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III. PARTIES
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4. Plaintiff
   4.1 Plaintiff [NAME] is a resident of [COUNTY], Indiana, and was lawfully operating her vehicle when the Accident occurred.

5. Defendant
   5.1 Defendant [NAME] is a resident of [COUNTY], Indiana.
   5.2 At all relevant times, Defendant owned, operated, and/or controlled the motor vehicle that struck Plaintiff’s vehicle.
   5.3 If Defendant was acting in the course and scope of employment with [EMPLOYER ENTITY], that entity is vicariously liable and named herein as Defendant [EMPLOYER].

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IV. JURISDICTION & VENUE
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6. Subject-Matter Jurisdiction
   6.1 This Court has subject-matter jurisdiction over tort claims pursuant to Ind. Code § 33-29-1-1.

7. Personal Jurisdiction
   7.1 Defendant is domiciled in Indiana and/or committed the tortious acts complained of herein within Indiana, conferring personal jurisdiction under Indiana’s long-arm rules.

8. Venue
   8.1 Venue lies in this County under Trial Rule 75(A)(2) and/or (3) because the collision occurred here and Defendant resides or maintains principal office here.

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V. FACTUAL ALLEGATIONS
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9. The Collision
   9.1 On [DATE] at approximately [TIME], Plaintiff was driving [MAKE/MODEL] eastbound on [ROADWAY].
   9.2 Defendant, operating a [MAKE/MODEL] traveling [DIRECTION] on [ROADWAY], disregarded a [stop light/stop sign], entered Plaintiff’s lane of travel, and collided with the front driver-side quarter panel of Plaintiff’s vehicle.
   9.3 The investigating law-enforcement officer cited Defendant for [STATUTORY VIOLATION] under [VEHICLE CODE PROVISION].

10. Injuries & Medical Treatment
    10.1 As a direct and proximate result of the collision, Plaintiff sustained bodily injuries including but not limited to [LIST INJURIES].
    10.2 Plaintiff underwent medical evaluation and treatment at [HOSPITAL/CLINIC] beginning on [DATE] and continues to treat for residual symptoms.

11. Property Damage
    11.1 Plaintiff’s vehicle suffered substantial damage, with estimated repair costs of $[AMOUNT] or total loss valuation of $[AMOUNT].

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VI. CAUSES OF ACTION
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Count I – Negligence
12. Plaintiff realleges paragraphs 1–11 as though fully set forth herein.
13. Defendant owed Plaintiff a duty of reasonable care in the operation of a motor vehicle.
14. Defendant breached that duty by:
a. Failing to obey traffic control devices;
b. Operating his vehicle at an unreasonable speed;
c. Failing to maintain a proper lookout; and/or
d. Otherwise operating his vehicle negligently.
15. Defendant’s breach was the direct and proximate cause of Plaintiff’s injuries and damages.
16. Plaintiff seeks all compensatory damages allowed by law.

Count II – Negligence Per Se (Violation of Statute)
17. Plaintiff realleges paragraphs 1–16.
18. Defendant’s conduct violated Indiana traffic statutes and ordinances enacted to protect motorists, including but not limited to Ind. Code § 9-21-[______].
19. Defendant’s statutory violations constitute negligence per se, entitling Plaintiff to damages.

[// GUIDANCE: Add vicarious liability, negligent entrustment, or punitive damages counts if applicable. For punitive damages, remember Indiana’s statutory cap—greater of $50,000 or three times compensatory. Ind. Code § 34-51-3-4 (2024).]

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VII. COMPARATIVE FAULT STATEMENT
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20. Pursuant to Ind. Code § 34-51-2-7 (2024), Plaintiff pleads that any fault attributable to her is less than or equal to fifty percent (50%). Plaintiff asserts zero percent (0%) fault but pleads in the alternative that any contributory fault is not greater than that of Defendant.

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VIII. DAMAGES
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21. Economic Damages (Approx.)
    a. Past medical expenses: $[__]
    b. Estimated future medical expenses: $[_]
    c. Lost wages: $[]
    d. Loss of earning capacity: $[]
    e. Property damage: $[___]

22. Non-Economic Damages
    Pain and suffering, mental anguish, emotional distress, loss of enjoyment of life, and other non-pecuniary losses in an amount to be proven at trial.

23. Punitive Damages (If Warranted)
    Plaintiff seeks punitive damages to deter similar conduct, subject to the statutory cap referenced above.

24. Pre-Judgment Interest
    Plaintiff requests pre-judgment interest pursuant to Ind. Code § 34-51-4-18 (2024) or as otherwise allowed.

25. Costs & Attorney Fees
    Plaintiff seeks costs of this action and, where authorized by statute or contract, reasonable attorney fees.

[// GUIDANCE: Indiana generally does not award attorney fees in tort without statutory/contractual basis. Delete if inapplicable.]

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IX. PRAYER FOR RELIEF
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WHEREFORE, Plaintiff respectfully requests the following relief:

A. Judgment in her favor and against Defendant in an amount sufficient to fully and fairly compensate all damages proved at trial, including but not limited to Economic and Non-Economic Damages;
B. Punitive damages as the evidence may warrant and as allowed by law;
C. Pre-judgment and post-judgment interest at the statutory rate;
D. Costs of this action and any recoverable attorney fees;
E. Such other and further relief as the Court deems just and proper.

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X. JURY DEMAND
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Plaintiff hereby demands trial by jury on all issues so triable.

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XI. RESERVATION OF RIGHTS
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Plaintiff reserves the right to amend this Complaint to assert additional claims, join additional parties, or allege additional damages as discovery proceeds.

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XII. VERIFICATION / AFFIDAVIT (Optional or if required by Local Rule)
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[PLAINTIFF NAME], being first duly sworn, verifies that the factual allegations contained in this Complaint are true and correct to the best of her knowledge, information, and belief.

[PLAINTIFF NAME]

Subscribed and sworn to before me this ___ day of ____, 20__.

Notary Public
My Commission Expires: ____

[// GUIDANCE: Indiana does not require a verified complaint in standard tort cases, but some counties/local rules may require verification for pre-suit discovery motions or PHI requests. Include only if needed.]

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XIII. SIGNATURE BLOCK
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Respectfully submitted,

[ATTORNEY NAME] (#_)
[LAW FIRM NAME]
[Street Address]
[City], Indiana [ZIP]
Tel: [_] | Fax: [_]
Email: [_]
Counsel for Plaintiff

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XIV. CERTIFICATE OF SERVICE
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I hereby certify that on the ___ day of ____, 20__, a copy of the foregoing Complaint was served upon the following party(ies)/counsel in accordance with Indiana Trial Rule 5 and the Indiana Electronic Filing System (IEFS):

[Service List]

[ATTORNEY NAME]

[// GUIDANCE:
1. Replace bracketed placeholders with client-specific information.
2. Confirm that any punitive-damage claim is supported by facts evidencing willful and wanton misconduct; otherwise omit Count II or label it “alternative.”
3. Check local county rules for mandatory mediation or arbitration procedures and insert ADR certification language if required.
4. If Defendant is a governmental entity, incorporate the Indiana Tort Claims Act notice allegations and statutory damage caps (e.g., $700,000 per claimant).
5. File a proposed summons for each Defendant concurrent with this Complaint under Indiana Trial Rule 4.
6. Verify statute-of-limitations compliance (generally two years for personal injury, Ind. Code § 34-11-2-4).
7. Attach exhibits (e.g., crash report, photos) only if strategic—Indiana notice pleading does not require attachments.
8. Conduct a conflicts check and obtain written engagement before filing.
]