PETITION FOR DAMAGES

Louisiana State Court – Personal Injury Template
[// GUIDANCE: This template follows Louisiana pleading practice (La. C.C.P.) and incorporates civil-law negligence principles (La. Civ. Code). Complete every bracketed placeholder before filing.]

TABLE OF CONTENTS

1. Caption ............................................................................................................................ 1
2. Preliminary Statement .................................................................................................... 2
3. Definitions ....................................................................................................................... 2
4. Jurisdiction & Venue ....................................................................................................... 3
5. Parties ............................................................................................................................. 3
6. Facts ............................................................................................................................... 4
7. Cause(s) of Action – Negligence .................................................................................... 5
8. Damages ........................................................................................................................ 6
9. Solidary/Joint Liability & Comparative Fault Allegations .............................................. 7
10. Prayer for Relief ............................................................................................................ 7
11. Jury Trial Demand (Optional) ....................................................................................... 8
12. Service & Certification ................................................................................................. 8
13. Signature Block ............................................................................................................ 9

1. CAPTION

STATE OF LOUISIANA §
PARISH OF [PARISH_NAME] § [X] JUDICIAL DISTRICT COURT
§
§ DOCKET NO. _ DIV. ___
[PETITIONER_FULL_LEGAL_NAME] §
§
v. §
§
[DEFENDANT_FULL_LEGAL_NAME(S)] §
PETITION FOR DAMAGES (PERSONAL INJURY)

2. PRELIMINARY STATEMENT

NOW INTO COURT, through undersigned counsel, comes [PETITIONER_FULL_LEGAL_NAME], (“Petitioner”), who respectfully files this Petition for Damages against [DEFENDANT_FULL_LEGAL_NAME(S)] (“Defendant” or collectively “Defendants”) and, for cause of action, avers as follows:

3. DEFINITIONS

The following terms have the meanings indicated below and apply throughout this Petition:
a. “Accident” means the incident that occurred on [DATE] at or near [LOCATION], more fully described in Section 6.
b. “Code” means the Louisiana Civil Code.
c. “Comparative Fault Statute” means La. Civ. Code art. 2323 (2024).
d. “Petitioner” means the individual or entity identified in Section 5.A.
e. “Defendant(s)” means the person(s) or entity(ies) identified in Section 5.B.

[// GUIDANCE: Add or remove defined terms as needed; ensure consistent use.]

4. JURISDICTION & VENUE

4.1 This Court has subject-matter jurisdiction pursuant to La. Const. art. V, § 16 and La. C.C.P. art. 2.
4.2 Venue is proper in this Parish under La. C.C.P. arts. 42 and 74 because:
 a. Defendant is domiciled and/or has its principal business establishment in this Parish; or
 b. The Accident and resulting damages occurred in this Parish.

5. PARTIES

A. Petitioner
5.1 Petitioner, [PETITIONER_FULL_LEGAL_NAME], is an individual of the full age of majority and a resident of [PARISH/STATE] whose mailing address is [ADDRESS].

B. Defendant(s)
5.2 Defendant, [DEFENDANT_FULL_LEGAL_NAME], is a [CORPORATE FORM OR INDIVIDUAL], domiciled in [PARISH/STATE], who may be served through its registered agent, [AGENT_NAME], at [SERVICE_ADDRESS], pursuant to La. C.C.P. arts. 1231–1267.

[// GUIDANCE: Duplicate Paragraph 5.2 for each additional defendant, adjusting service details accordingly.]

6. FACTS

6.1 On or about [DATE] at approximately [TIME], Petitioner was lawfully present at [LOCATION].
6.2 At that time and place, Defendant [briefly describe negligent act or omission—e.g., “operated a motor vehicle in a careless and reckless manner”].
6.3 As a direct and proximate result of Defendant’s acts and/or omissions, the Accident occurred, causing Petitioner to sustain severe personal injuries and other damages more fully set forth herein.
6.4 All injuries were caused solely by Defendant’s fault, without any fault on the part of Petitioner.

7. CAUSE(S) OF ACTION – NEGLIGENCE

7.1 Defendant owed Petitioner a duty of reasonable care under La. Civ. Code arts. 2315 & 2316 (2024).
7.2 Defendant breached that duty through the specific acts and/or omissions described in Section 6.
7.3 Defendant’s breach was the cause-in-fact and legal cause of Petitioner’s injuries.
7.4 Petitioner’s injuries are the type of harm the duty was designed to prevent.
7.5 Accordingly, Defendant is liable to Petitioner for all damages sustained.

8. DAMAGES

Petitioner seeks all damages allowable under Louisiana law, including but not limited to:
a. Past, present, and future medical expenses;
b. Past, present, and future physical pain and suffering;
c. Mental anguish and emotional distress;
d. Loss of enjoyment of life;
e. Lost wages and diminished earning capacity;
f. Property damage (if applicable);
g. Pre- and post-judgment interest as allowed by law;
h. Court costs and all discretionary costs;
i. Any and all other general and special damages proved at trial.

[// GUIDANCE: Insert damage cap language below only if applicable.]
8.1 Pursuant to [SPECIFIC STATUTE OR DOCTRINE, e.g., “La. Rev. Stat. § 13:5106(A)” for claims against public bodies], total recoverable damages are capped at $[CAP_AMOUNT], exclusive of interest and costs.

9. SOLIDARY/JOINT LIABILITY & COMPARATIVE FAULT ALLEGATIONS

9.1 Petitioner pleads the doctrine of comparative fault under La. Civ. Code art. 2323 (2024).
9.2 To the extent multiple Defendants are found at fault, each Defendant is liable only for its allocated percentage of fault, subject to any solidary liability prescribed by statute.
9.3 Petitioner affirmatively pleads the right to amend to add additional parties whose negligence contributed to the Accident, in accordance with La. C.C.P. arts. 1151-1154.

10. PRAYER FOR RELIEF

WHEREFORE, Petitioner prays that:
1. Defendants be duly cited and served;
2. After all legal delays and due proceedings, there be judgment in favor of Petitioner and against Defendants, jointly, severally, and in solido as allowed by law, for an amount reasonable under the evidence and consistent with any applicable statutory cap;
3. Petitioner recover judicial interest from date of judicial demand until paid;
4. All costs of these proceedings be assessed against Defendants; and
5. Petitioner be granted all general and equitable relief to which entitled.

11. JURY TRIAL DEMAND (OPTIONAL)

11.1 Pursuant to La. C.C.P. arts. 1731–1733, and because the amount in controversy exceeds $50,000.00 exclusive of interest and costs, Petitioner hereby requests a trial by jury and deposits the requisite jury filing fee contemporaneously herewith.

[// GUIDANCE: Delete Section 11 if a jury trial is not desired or not available for the claim type.]

12. SERVICE & CERTIFICATION

12.1 Petitioner requests service of citation and a certified copy of this Petition on each Defendant in the manner set forth in Section 5.
12.2 Pursuant to La. C.C.P. art. 863(B), undersigned counsel certifies that:
 a. Counsel has read this Petition;
 b. To the best of counsel’s knowledge, information, and belief formed after reasonable inquiry, this Petition is not being presented for any improper purpose;
 c. The claims, defenses, and legal contentions are warranted by existing law or by a non-frivolous argument for the extension, modification, or reversal of existing law;
 d. The factual contentions have evidentiary support or, if specifically so identified, will have evidentiary support after a reasonable opportunity for further investigation or discovery.

13. SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]
BY: ________
 [ATTORNEY_NAME] (Bar No. [BAR_NUMBER])
 [ADDRESS]
 [PHONE] | [FAX] | [EMAIL]

ATTORNEYS FOR PETITIONER,
[PETITIONER_FULL_LEGAL_NAME]

[// GUIDANCE: Attach verification or notarized affidavit if required for your claim type (e.g., medical malpractice).]

END OF TEMPLATE