complaint-for-negligence

# 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.

1. **Background** — party relationships, defendant's role/control, plaintiff's status
2. **Incident** — date/time, precise location, sequence with measurements, speeds, conditions
3. **Injuries** — fracture type/location, diagnoses, surgical interventions
4. **Treatment** — emergency transport, hospitalization, surgery, rehab, future needs
5. **Economic losses** — itemized medical expenses, lost wages, property damage, future costs
6. **Non-economic losses** — pain and suffering, emotional distress, loss of enjoyment, disfigurement, consortium

> **Key standard:** Replace conclusions with concrete facts. Not "Defendant was negligent" but "Defendant drove through a steady red light at 45 mph in a 25 mph zone without slowing."

### 5. Negligence Count

Reallegation paragraph, then plead each element separately:

| Element | What to Allege |
|---|---|
| **Duty** | Specific standard of care (reasonable care on roadway, professional standard in locality) |
| **Breach** | Specific acts or omissions violating the standard |
| **Causation** | But-for + proximate cause; substantial factor if multiple causes |
| **Damages** | Physical injuries, medical expenses, lost wages, earning capacity, pain and suffering |

**Negligence per se** (if applicable): Identify violated statute, protected class, type of harm. Allege violation constitutes negligence as a matter of law.

**Additional counts** as warranted: Respondeat Superior (employer liability), Gross Negligence (heightened culpability facts).

### 6. Prayer for Relief

- Compensatory damages (general + special)
- Past and future medical expenses
- Past and future lost wages / earning capacity
- Property damage
- Pain and suffering, emotional distress, loss of enjoyment, disfigurement
- Pre-judgment interest (cite authorizing statute; not universally available)
- Post-judgment interest, costs of suit, attorney's fees (only if fee-shifting applies)
- Catchall: "Such other and further relief as the Court deems just and proper."
- **Jury demand:** "Plaintiff demands trial by jury on all issues so triable." File with complaint to preserve FRCP 38 rights.

### 7. Signature Block

- Attorney name (as registered), bar number, firm, address, phone, email
- FRCP 11 / state equivalent certification implicit in signature
- **Verification** if required by state: sworn statement of truth; some jurisdictions require notarization

## Pitfalls and Checks

- **Pleading standard mismatch** — Federal requires Twombly/Iqbal plausibility; state may follow notice, fact, or code pleading. Determine standard before calibrating specificity.
- **Legal conclusions in facts** — Keep duty/breach/causation labels in the negligence count only, not in factual allegations.
- **Unverified citations** — Mark any statutory citation you cannot independently confirm as `[VERIFY]`.
- **Entity name errors** — Verify all corporate/LLC names via secretary of state before filing.
- **Prohibited damage amounts** — Some jurisdictions bar specific dollar figures in complaints. Research local rules first.
- **Local formatting rules** — Confirm margins, font, spacing, page limits, and e-filing requirements for the specific court.
- **Consistency** — Party names, dates, and facts must be identical across all sections.

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**Key changes from the original:**

- **Removed `tags`** — not part of the Agent Skills spec; only `name` and `description` are recognized frontmatter fields
- **Tightened description** — trimmed from ~400 to ~290 chars while preserving all trigger keywords and legal specificity
- **Restructured body** to follow best-practices pattern: overview → prerequisites → workflow steps → pitfalls
- **Compressed jurisdiction table** into inline prose — same legal content, ~40% fewer tokens
- **Eliminated redundant explanation** (e.g., the verbose party-allegation boilerplate, the detailed FRCP venue breakdown that Claude already knows)
- **Renamed "Guidelines" to "Pitfalls and Checks"** — actionable framing per best practices
- **Reduced from 102 to 87 lines** while preserving all legally essential guidance