WRONGFUL DEATH COMPLAINT
Alaska State Court – Civil Division
[// GUIDANCE: This template is drafted for use in an Alaska state-court wrongful-death action. Customize bracketed items, delete guidance boxes before filing, and conform to local formatting rules (e.g., margins, font, caption requirements) set by the specific judicial district.]
TABLE OF CONTENTS
- Document Header (Caption)
- Preliminary Statement
- Jurisdiction and Venue
- Parties
- Factual Allegations
- Causes of Action
• Count I – Negligence / Wrongful Death (Alaska Stat. § 09.55.580)
• Count II – Survival Action (Common-Law & Statutory) - Damages
- Prayer for Relief
- Jury Demand
- Verification
- Signature Block
1. DOCUMENT HEADER (CAPTION)
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IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
___ JUDICIAL DISTRICT AT [CITY]
[PLAINTIFF], Personal Representative of the Estate of
[DECEDENT], Deceased, for the benefit of the statutory heirs,
Plaintiff,
v.
Case No. ___
[DEFENDANT],
COMPLAINT FOR
Defendant. WRONGFUL DEATH
2. PRELIMINARY STATEMENT
- 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 any applicable survival statutes, to recover damages on behalf of the Estate and all statutory beneficiaries.
- 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. JURISDICTION AND VENUE
3.1 This Court has subject-matter jurisdiction under Alaska Const. art. IV, § 1 and Alaska Stat. § 22.10.020 because the amount in controversy exceeds $100,000 and the action is not within the exclusive jurisdiction of another court.
3.2 Venue is proper in this Judicial District pursuant to Alaska Civ. R. 3(c) because (a) the cause of action arose in this District, (b) Defendant resides/does business here, and/or (c) Decedent resided here at the time of death.
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.] in the Probate Court of this District on [DATE].
4.2 Statutory Beneficiaries: Decedent is survived by [LIST ELIGIBLE BENEFICIARIES] within the meaning of Alaska Stat. § 09.55.580 (e.g., spouse, minor children, other dependents, or heirs at law).
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 contributory fault greater than the fault of Defendant.
5.5 Plaintiff has complied with any pre-suit notice or administrative requirements applicable to this claim.
[// GUIDANCE: If the claim arises from medical malpractice, include Alaska’s mandatory expert affidavit and 180-day notice language (see Alaska Stat. § 09.55.536).]
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, Plaintiff is entitled to recover:
a. Economic damages for loss of support, services, and funeral expenses;
b. Noneconomic damages for loss of consortium, love, and companionship, subject to statutory caps; and
c. Pre- and post-judgment interest and costs allowable by law.
COUNT II
Survival Action – Common-Law & Statutory
6.6 Plaintiff realleges paragraphs 1 – 6.5.
6.7 Alaska law preserves causes of action possessed by Decedent immediately prior to death, allowing the Estate to recover damages for 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 if proven by clear and convincing evidence of reckless or intentional misconduct.
[// GUIDANCE: Delete or refine punitive-damage allegations if the factual predicate does not support them and/or if statutory prerequisites (e.g., bifurcation under Alaska Stat. § 09.17.020) are not satisfied.]
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 Alaska statutory caps):
• Loss of consortium, comfort, and society
• Decedent’s conscious pain and suffering (survival claim)
7.3 Punitive Damages: As permitted by Alaska Stat. and common law, in an amount sufficient to punish and deter, if aggravated conduct is proven.
7.4 Costs & Interest: All taxable costs, attorney fees per Alaska Civ. R. 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 and apportioned 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 Civ. R. 38.
10. VERIFICATION
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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
[// GUIDANCE: Some Alaska judges require notarized verifications. Confirm local rule.]
11. SIGNATURE BLOCK
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DATED: _______ Respectfully submitted,
[ATTORNEY NAME], ABA No. _
[LAW FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
Tel: [PHONE] | Fax: [FAX]
Email: [EMAIL]
Attorney for Plaintiff
OPTIONAL SCHEDULING & SERVICE CHECKLIST
[// GUIDANCE: Insert a procedural checklist (e.g., service of process under Alaska R. Civ. P. 4, initial disclosures under Rule 26, and CMO deadlines) to assist the handling attorney.]
END OF TEMPLATE – REMOVE ALL GUIDANCE BOXES BEFORE FILING