| name | complaint-for-negligence |
| title | Complaint for Negligence |
| description | Drafts a court-ready Complaint for Negligence establishing duty, breach, causation, and damages with jurisdiction-aware pleading standards (Twombly-Iqbal federal vs. state notice/fact pleading). Use when filing a negligence complaint, initiating a personal injury suit, or pleading tort claims such as motor vehicle collisions, premises liability, or professional negligence. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/complaint-for-negligence |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | personal-injury |
| language | en |
Complaint for Negligence
Drafts a litigation-ready negligence complaint that survives a motion to dismiss and positions the plaintiff for discovery leverage.
Prerequisites
Gather before drafting:
- Incident facts — date, time, location, parties, sequence of events
- Defendant identification — full legal name, entity type, domicile, registered agent
- Medical records — diagnoses, treatment timeline, itemized expenses
- Economic losses — wage records, property damage, lost earnings
- Jurisdiction/venue — court, pleading standard, local rules
- Governing authority — statutes, codes, or professional standards (for negligence per se)
Drafting Workflow
1. Caption
- Full court name with division/district/county
- All party names (verify corporate names via secretary of state)
- Case number field; title:
COMPLAINT FOR NEGLIGENCE
2. Jurisdiction and Venue
Federal: Diversity under 28 U.S.C. § 1332 (complete diversity + >$75K). Venue per 28 U.S.C. § 1391 (defendant residence, where events occurred, or personal jurisdiction).
State: Cite general jurisdiction statute for tort claims. Venue where defendant resides, cause arose, or substantial business conducted.
Include factual allegations supporting venue — specific address, county, district.
3. Parties
Plaintiffs: Full name, address (city, county, state), legal status. For minors: name guardian ad litem with authority.
Defendants: Full name, address, entity type. For employed defendants, allege course-and-scope employment to lay respondeat superior foundation.
4. Factual Allegations
Draft chronological numbered paragraphs with discrete, observable facts. No legal conclusions.
- Background — party relationships, defendant's role/control, plaintiff's status
- Incident — date/time, precise location, sequence with measurements, speeds, conditions
- Injuries — fracture type/location, diagnoses, surgical interventions
- Treatment — emergency transport, hospitalization, surgery, rehab, future needs
- Economic losses — itemized medical expenses, lost wages, property damage, future costs
- Non-economic losses — pain and suffering, emotional distress, loss of enjoyment, disfigurement, consortium
