Wrongful Death Complaint

WRONGFUL DEATH COMPLAINT

Alaska State Court – Civil Division

TABLE OF CONTENTS

1. Document Header (Caption)
2. Preliminary Statement
3. Jurisdiction and Venue
4. Parties
5. Factual Allegations

6. Causes of Action
   • Count I – Negligence / Wrongful Death (Alaska Stat. § 09.55.580)
   • Count II – Survival Action (Alaska Stat. § 09.55.570)

7. Damages

8. Prayer for Relief
9. Jury Demand
10. Verification
11. Signature Block

1. DOCUMENT HEADER (CAPTION)

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

[_______] JUDICIAL DISTRICT AT [________________________________]

2. PRELIMINARY STATEMENT

1. Plaintiff, [PLAINTIFF'S FULL NAME], as the duly appointed Personal Representative of the Estate of [DECEDENT'S FULL NAME] ("Decedent"), brings this civil action pursuant to the Alaska Wrongful Death Act, Alaska Stat. § 09.55.580, and Alaska's survival statute, Alaska Stat. § 09.55.570, to recover damages on behalf of the Estate and all statutory beneficiaries.
2. This Complaint alleges that Defendant's wrongful conduct caused Decedent's death on [DATE OF DEATH], entitling Plaintiff to recover economic and noneconomic damages subject to Alaska's statutory limitations.
3. This action is timely commenced within two years after the date of Decedent's death, as required by Alaska Stat. § 09.55.580(a) and Alaska Stat. § 09.10.070(a)(2).

3. JURISDICTION AND VENUE

3.1 The judicial power of the State of Alaska is vested in a unified court system under Alaska Const. art. IV, § 1. This Court has subject-matter jurisdiction under Alaska Stat. § 22.10.020(a), which makes the superior court the trial court of general jurisdiction over all civil matters, including probate and guardianship, without any dollar threshold. Because the amount in controversy exceeds the $100,000 concurrent-jurisdiction ceiling of the district court under Alaska Stat. § 22.15.030(a)(1), this action is properly filed in the Superior Court rather than the District Court.
3.2 Venue is proper in this venue district under Alaska R. Civ. P. 3(b) because Defendant may be personally served here and/or the claim arose here, subject to the rule's filing-location provisions.
3.3 No federal question is presented; diversity jurisdiction is not invoked; therefore removal is not available under 28 U.S.C. § 1332.

4. PARTIES

4.1 Plaintiff: [PLAINTIFF], an adult resident of [ADDRESS], was appointed Personal Representative in [CASE NO.] by the Superior Court for the State of Alaska, [_______] Judicial District (the unified trial court exercising probate jurisdiction under Alaska Stat. § 22.10.020(a); Alaska has no separate probate court), on [DATE].
4.2 Statutory Beneficiaries / Estate Branch: Decedent is survived by [LIST ELIGIBLE BENEFICIARIES] within the meaning of Alaska Stat. § 09.55.580 (spouse, children, or other actual dependents). If none exist, recovery is administered as personal property of the Estate and limited to pecuniary loss; next-of-kin status alone is insufficient.
4.3 Defendant: [DEFENDANT], a [CORPORATION / PARTNERSHIP / INDIVIDUAL] organized under the laws of [STATE] with its principal place of business at [ADDRESS], conducted business or committed tortious acts in Alaska giving rise to personal jurisdiction.

5. FACTUAL ALLEGATIONS

5.1 On [DATE] at approximately [TIME], Decedent was located at [LOCATION].
5.2 Defendant, acting by and through its agents, servants, and/or employees, negligently [DESCRIBE ACTS OR OMISSIONS—e.g., operated a motor vehicle while intoxicated / failed to maintain safe premises / manufactured a defective product].
5.3 As a direct and proximate result of Defendant’s negligence, Decedent sustained catastrophic injuries leading to death on [DATE].
5.4 At all relevant times, Decedent exercised due care and was free of fault. Any fault proven against Decedent reduces recovery proportionately under Alaska's pure-comparative-fault system but does not create a percentage bar.
5.5 Plaintiff has complied with any pre-suit notice or administrative requirements applicable to this claim.

6. CAUSES OF ACTION

COUNT I

Negligence / Wrongful Death – Alaska Stat. § 09.55.580

6.1 Plaintiff incorporates paragraphs 1 – 5.5 as though fully set forth herein.
6.2 Defendant owed Decedent a duty of reasonable care under the circumstances.
6.3 Defendant breached that duty by [SPECIFY BREACH].
6.4 Defendant’s breach was the factual and legal cause of Decedent’s death.
6.5 Under Alaska Stat. § 09.55.580(c), Plaintiff is entitled to recover:
a. Economic damages for deprivation of expected pecuniary benefits, loss of contributions for support, loss of assistance or services, and medical and funeral expenses;
b. Noneconomic damages for loss of consortium and loss of prospective training and education, subject to the cap in Alaska Stat. § 09.17.010(b); and
c. Pre- and post-judgment interest and costs allowable by law.

COUNT II

Survival Action – Alaska Stat. § 09.55.570

6.6 Plaintiff realleges paragraphs 1 – 6.5.
6.7 Under Alaska Stat. § 09.55.570, all causes of action possessed by Decedent immediately prior to death survive to the Estate, allowing Plaintiff, as Personal Representative, to recover damages for Decedent's conscious pain and suffering, medical expenses, and other losses incurred prior to death.
6.8 Plaintiff seeks all such damages, in addition to punitive damages under Alaska Stat. § 09.17.020(b) if proven by clear and convincing evidence that Defendant's conduct was outrageous (including acts done with malice or bad motives) or evidenced reckless indifference to the interests of another, subject to subsections (f)-(k), including the enhanced financial-gain tier, 50% state share, and vicarious-liability restrictions.

7. DAMAGES

7.1 Economic Damages:
• Loss of financial support to statutory beneficiaries (past and future)
• Funeral and burial expenses
• Medical expenses related to the fatal injury
7.2 Noneconomic Damages (subject to one aggregate cap across all claims arising from the death under Alaska Stat. § 09.17.010(b): the greater of $400,000 or Decedent's life expectancy in years multiplied by $8,000; death alone does not trigger subsection (c)'s higher cap):
• Loss of consortium, comfort, and society
• Decedent’s conscious pain and suffering (survival claim)
7.3 Punitive Damages: As permitted by Alaska Stat. § 09.17.020, if proven by clear and convincing evidence under subsection (b), subject to the general subsection (f) cap or subsection (g)'s greatest-of-four-times-compensatory/four-times-financial-gain/$7,000,000 tier, the 50% state share under subsection (j), and subsection (k)'s vicarious-liability limits.
7.4 Costs & Interest: All taxable costs, attorney fees per Alaska R. Civ. P. 82, and pre- and post-judgment interest at the statutory rate.

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in Plaintiff’s favor and against Defendant as follows:
A. Compensatory damages in amounts to be determined at trial under Alaska Stat. § 09.55.580;
B. Survival damages for Decedent’s pre-death injuries and losses;
C. Punitive damages (if applicable);
D. Pre- and post-judgment interest;
E. Costs of suit and reasonable attorney fees; and
F. Such further relief as the Court deems just and equitable.

9. JURY DEMAND

Plaintiff demands a trial by jury on all issues so triable as a matter of right under the Alaska Constitution and Alaska R. Civ. P. 38.

10. VERIFICATION

I, [PLAINTIFF], declare under penalty of perjury that I am the Personal Representative named above, that I have read the foregoing Complaint, and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

Date: _____________

__________________________________
[PLAINTIFF], Personal Representative

11. SIGNATURE BLOCK

DATED: _____________

Respectfully submitted,

_______________________________
[ATTORNEY NAME], ABA No. _______
[LAW FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
Tel: [PHONE] | Fax: [FAX]
Email: [EMAIL]

Attorney for Plaintiff

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