West Palm Beach Sample Complaint in a Rear-End Collision Case 1-800-74-TRIAL

Now comes the plaintiff, by and through counsel, who complains against the defendant as follows:
1. The plaintiff, John Jones, is or was a resident of the West Palm Beach, County of Palm Beach and State of Florida at all times relevant to this complaint.
2. The defendant, Mary Smith, is believed to reside in the West Palm Beach, County of Palm Beach and State of Florida at all times relevant to this complaint.
3. This court has jurisdiction over the subject matter of this complaint and the parties to this cause of action.
4. Because the automobile collision, which is the subject of this complaint, occurred in the West Palm Beach, County of Palm Beach and State of Florida, Palm Beach County is the proper and appropriate venue.
5. On or about January 12, 2002, the plaintiff was lawfully operating her automobile in the southbound lane of Forest Avenue, near the intersection of Cross Street and was approaching a stop light at said intersection.
6. At the above mentioned time and place, the plaintiff came to a complete stop, in traffic, as a result of a red light that was operating at such intersection.
7. At the above mentioned time and place, the defendant negligently operated her car by colliding into the rear of the automobile operated by the plaintiff causing it, in turn, to strike and collide with the automobile in front of the plaintiff’s automobile.
8. The defendant was negligent by not paying attention, operating at a speed that was too fast for conditions, following too close, and failing to stop in time for the vehicles that were clearly in front of her.
9. As a result of the defendant’s negligence, the plaintiff sustained injuries including, but not limited to, injuries to her neck, back, shoulders, head, and other parts of her body.
10. As a further direct and proximate result of the negligence of the defendant, the plaintiff incurred injuries resulting in reasonable and necessary medical treatment, both past, present, and future, and which resulted in medical bills related to said injuries.
11. As a further result of the defendant’s negligence, the plaintiff sustained injuries that prevented him from doing his usual and ordinary occupation thereby causing him to incur loss of wages and income, and the plaintiff will incur further loss of earning capacity into the future.
12. As a further result of the defendant’s negligence, the plaintiff sustained pain and suffering and will incur further pain and suffering into the future.
13. As a further result of the defendant’s negligence, the plaintiff believes, and therefore alleges, that he incurred injuries which are permanent and which will cause permanent impairment.
14. At all times relevant to this complaint, the plaintiff, who was stopped in traffic waiting for a red light, was in the exercise of due care.
WHEREFORE, the plaintiff prays for judgment against the defendant [in some states it is not necessary and, in fact, improper to allege a damage amount] in an amount which is reasonable and just under the circumstances together with interest, costs, and such other and further relief as to this Honorable Court seems just and proper.
Note: If your state allows a monetary damage award to be stated, the complaint would read as follows:
WHEREFORE, the plaintiff prays for judgment against the defendant in the amount of one hundred thousand ($100,000) dollars, together with interest, costs, and such other and further relief as to this Honorable Court seems just and proper.