West Palm Beach Florida car accident Uninsured Motorist injury complaint call 1-800-74-TRIAL

STATE OF _____
IN THE CIRCUIT COURT FOR THE COUNTY OF _____

WEST PALM BEACH FLORIDA CAR ACCIDENT INJURY PLAINTIFF Case No: _____
West Palm Beach Florida car accident injury Plaintiff Hon. _____
v.
INDIVIDUAL DEFENDANT _____ and
DEFENDANT INSURANCE COMPANY,
Defendants
_________________________________/
COMPLAINT
There is no other civil action between these parties arising out of the same transaction or occurrence as alleged in this Complaint pending in this Court, nor has any such action been previously filed and dismissed or transferred after having been assigned to a judge. [state law]
_________________________
[attorney]
NOW COMES West Palm Beach Florida car accident injury Plaintiff , _____, by and through his attorneys and for his Complaint against the above named Defendants, states as follows:
COMMON ALLEGATIONS
1. That the West Palm Beach Florida car accident injury Plaintiff is a resident of the City of _____, County of _____, State of _____.
2. That the Defendant, upon information and belief, is a resident of the City of _____, County of _____, State of _____.
3. That the Defendant, Insurance Company, is a [state] corporation, doing business in the City of _____, County of _____, State of _____.
4. That the amount in controversy exceeds $25,000.00, exclusive of interest and costs, and is otherwise within the jurisdiction of this Honorable Court.
COUNT I
NELIGENCE CLAIM AS TO DEFENDANT
5. That the West Palm Beach Florida car accident injury Plaintiff hereby adopts and incorporates by reference each and every allegation contained in paragraphs l through 4 of this Complaint as if more specifically set forth herein word for word, paragraph for paragraph.
6. That on or about [date], West Palm Beach Florida car accident injury Plaintiff was the operator of a vehicle, which automobile was being driven in a careful and prudent manner along and upon southeast bound Avenue, at or near its intersection with Boulevard, in the City of _____, County of _____, State of _____.
7. That at the aforementioned place and time, the Defendant was the owner and operator of a certain motor vehicle bearing the license plate number _____, which motor vehicle said Defendant was driving in a careless, reckless and negligent manner along and upon southeast bound Avenue, at or near its intersection with Boulevard, in the City of _____, County of _____, State of _____, when said Defendant ran into the West Palm Beach Florida car accident injury Plaintiff ’s vehicle causing serious and permanent injuries to West Palm Beach Florida car accident injury Plaintiff as hereinafter alleged.
8. That on the aforementioned day and date, the Defendant owed a duty to operate his vehicle in a safe and careful manner in accordance with the Motor Vehicle Code of the State of _____ and the Common Law and the Ordinances for the City of _____.
9. Contrary to the duties owed to West Palm Beach Florida car accident injury Plaintiff , Defendant was negligent, careless and reckless in several respects, including the following:
(a) Failing to operate the motor vehicle with due care and caution in violation of [state law];
(b) Driving the vehicle carelessly and heedlessly with willful and wanton disregard for the safety and rights of others, [state law];
(c) Failing to keep the automobile constantly under control;
(d) Failing to drive the vehicle on the roadway with due diligence and circumspection and to not endanger or be likely to endanger other persons or property, [state law];
(e) Failing to attempt to stop the vehicle when Defendant knew or should have known that failure to do so would naturally and probably result in injury to West Palm Beach Florida car accident injury Plaintiff ;
(f) Failing to observe the highway in front of Defendant’s vehicle when Defendant knew, or should have known, that failure to observe West Palm Beach Florida car accident injury Plaintiff ’s oncoming vehicle would endanger the life or property of other persons using the roadway;
(g) Failing to yield to all approaching vehicles, [state law];
(h) Failing to exercise reasonable and ordinary care to keep sharp lookout so as to avoid striking West Palm Beach Florida car accident injury Plaintiff ’s vehicle, in violation of [state law];
(i) Failing to operate the motor vehicle on the roadway in a manner and at a rate of speed that would permit it to be stopped within a safe distance, [state law];
(j) Failing to make timely use of the braking system with which said vehicle is equipped;
(k) Failing to give audible warning of said motor vehicle when reasonably necessary to ensure its safe operation in violation of [state law];
(l) Operating said motor vehicle in excess of the posted limit in violation of [state law]; and,
(m) Failing to stop for a stop sign before entering an intersection in violation of [state law].
10. That as a result of said collision, the West Palm Beach Florida car accident injury Plaintiff did suffer, and will continue to experience for an indefinite time into the future, severe and excruciating pain and suffering, humiliation and embarrassment and loss of earnings due to his injuries which include but are not limited to injuries to his neck, back and head, among others, all of which constitute a serious impairment of body function and/or serious, permanent disfigurement.
11. That in the event it should be determined that West Palm Beach Florida car accident injury Plaintiff was suffering from any pre-existing conditions on the day and date of the incidents set forth in this Complaint, then, and in such event, it is averred that the negligence of the Defendant exacerbated, precipitated and aggravated any such pre-existing conditions.
WHEREFORE, your West Palm Beach Florida car accident injury Plaintiff prays that judgment be entered in his favor against the Defendant for whatever amount in excess of $25,000.00 he is found to be entitled, as determined by the trier of fact, to fairly, adequately and fully compensate West Palm Beach Florida car accident injury Plaintiff for his injuries and damages, together with interest, costs and reasonable attorney fees so wrongfully sustained.
COUNT II
UNINSURED MOTORIST CLAIM AS TO DEFENDANT INSURANCE COMPANY
12. That West Palm Beach Florida car accident injury Plaintiff hereby adopts and incorporates by reference each and every allegation contained in paragraphs 1 through 11 of this Complaint as if more specifically set forth herein word for word and paragraph by paragraph.
13. On or about [date], West Palm Beach Florida car accident injury Plaintiff was insured with Defendant Insurance Company, under the provisions of an automobile insurance policy issued by Defendant that was then in effect in accordance with the provisions of the [cite to your state’s law, e.g., No-Fault Insurance Act, MCL 500.3101 et seq., and for which applicable premiums were paid.
14. Upon information and belief, Defendant was an uninsured motorist, as defined by the terms of the subject insurance policy with Defendant Insurance Company.
15. Under the terms and conditions of the automobile uninsured insurance policy, Defendant Insurance Company, became obligated to pay uninsured motorist coverage to or on behalf of West Palm Beach Florida car accident injury Plaintiff , if West Palm Beach Florida car accident injury Plaintiff sustained a serious impairment of body function in an accident arising out of the ownership, operation, maintenance, or use of a motor vehicle, and the responsible tortfeasor was uninsured.
16. Sufficient proofs have been submitted to Defendant showing that the alleged uninsured motorist negligent driver was uninsured and owned the vehicle at the time of the motor vehicle accident.
17. West Palm Beach Florida car accident injury Plaintiff realleges all prior paragraphs and injuries relating to this motor vehicle accident.
18. Defendant has wrongfully denied and/or failed to pay uninsured motorist benefits to the West Palm Beach Florida car accident injury Plaintiff .
19. Defendant Insurance Company, has refused to pay the West Palm Beach Florida car accident injury Plaintiff uninsured motorist benefits in the amount as provided under the terms of the insurance policy.
20. That if Defendant has an arbitration clause in their contract, then West Palm Beach Florida car accident injury Plaintiff has demanded arbitration to which Defendant has wrongfully refused. West Palm Beach Florida car accident injury Plaintiff asks this Court to order this matter into binding arbitration.
WHEREFORE, West Palm Beach Florida car accident injury Plaintiff seeks judgment against the Defendant Insurance Company, and against Defendant in an amount in excess of $25,000.00 that is fair, just and reasonable, together with interest, costs and attorney fees.
LAW OFFICES OF ____________________
Attorneys for West Palm Beach Florida car accident injury Plaintiff
_____________________________
Dated: _____