Wrongful Death Complaint

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ALABAMA

[ESTATE OF [DECEDENT FULL NAME], Deceased] )
By and Through [PLAINTIFF FULL NAME], )
in the capacity of Personal Representative of )
the Estate of [Decedent Full Name], )
Plaintiff, )
) CIVIL ACTION NO. CV-[YYYY]-[#####]
v. )
)
[DEFENDANT FULL LEGAL NAME(S)], )
Defendant(s). )

COMPLAINT FOR WRONGFUL DEATH

TABLE OF CONTENTS
I. Document Header & Parties..........................................................................1
II. Definitions.....................................................................................................2
III. Jurisdiction & Venue....................................................................................3
IV. Factual Allegations.......................................................................................4
V. Count I – Wrongful Death (Ala. Code § 6-5-410)..........................................6
VI. Survival Action Allegations (Alternative).....................................................7
VII. Damages Sought & Statutory Caps...............................................................8
VIII. Prayer for Relief............................................................................................9
IX. Jury Demand...............................................................................................10
X. Forum Selection / Dispute Resolution.......................................................11
XI. General Provisions.....................................................................................12
XII. Verification & Signature Blocks.................................................................13

I. DOCUMENT HEADER & PARTIES

1. Plaintiff [PLAINTIFF FULL NAME] (hereinafter, the “Personal Representative”) is the duly-appointed personal representative of the Estate of [DECEDENT FULL NAME] (the “Decedent”), having qualified and received Letters Testamentary/Letters of Administration from the Probate Court of [County] County, Alabama on [DATE].

2. Defendant [DEFENDANT FULL LEGAL NAME] (“Defendant”) is a [legal entity type / individual], organized under the laws of [State] with its principal place of business/residence at [ADDRESS], and at all times material hereto conducted business and/or committed tortious acts in [County] County, Alabama. Service of process may be accomplished via [registered agent / individual service details].

II. DEFINITIONS

For purposes of this Complaint, the following capitalized terms shall have the meanings set forth below:

“Action” means this civil lawsuit for wrongful death and any related claims.
“Alabama Wrongful-Death Statute” means Ala. Code 1975, § 6-5-410, as amended.
“Beneficiaries” means those persons who would inherit the Decedent’s estate under Alabama’s laws of intestate succession as of the date of death.
“Estate” means the probate estate of the Decedent administered in the Probate Court of [County] County, Alabama.
“Punitive Damages” means damages recoverable under the Alabama Wrongful-Death Statute, the purpose of which is to punish the Defendant and to deter similar conduct.

III. JURISDICTION & VENUE

3. This Court has subject-matter jurisdiction pursuant to Ala. Code § 12-11-30 and the Alabama Wrongful-Death Statute.

4. Venue is proper in [County] County pursuant to Ala. Code § 6-3-[APPLICABLE SUBSECTION], because Defendant resides/conducts business in this county and the tortious conduct and resulting death occurred here.

IV. FACTUAL ALLEGATIONS

5. On or about [DATE], at approximately [TIME], Decedent was present at/on [LOCATION], when Defendant, by acts and/or omissions described herein, proximately caused the injuries that resulted in Decedent’s death on [DATE OF DEATH].

6. [Describe in numbered paragraphs the facts establishing negligence/wantonness, e.g., defective product design, failure to maintain safe premises, medical malpractice, motor-vehicle negligence, etc., including statutory or regulatory duty of care where applicable.]

7. As a direct and proximate result of Defendant’s wrongful conduct, Decedent sustained injuries that culminated in death, thereby triggering the cause of action set forth in the Alabama Wrongful-Death Statute.

V. COUNT I – WRONGFUL DEATH
(Ala. Code 1975, § 6-5-410)

8. Plaintiff realleges and incorporates Paragraphs 1 through 7 as if fully set forth herein.

9. Defendant owed Decedent a duty of reasonable care/warranted product safety/competent medical treatment [select as applicable] and breached that duty through the negligent, reckless, and/or wanton conduct described above.

10. Pursuant to Ala. Code § 6-5-410(a), where the wrongful acts, omissions, or negligence of any person or corporation cause the death of another, the personal representative may commence an action against the wrongdoer.

11. Defendant’s wrongful conduct was the proximate cause of Decedent’s death, entitling the Estate to recover punitive damages for the benefit of the Beneficiaries.

VI. SURVIVAL ACTION ALLEGATIONS (ALTERNATIVE PLEADING)

12. To the extent Decedent possessed any claims that survived death pursuant to Ala. Code § 6-5-462, Plaintiff pleads such claims in the alternative and seeks appropriate relief.

VII. DAMAGES SOUGHT & STATUTORY CAPS

13. Plaintiff seeks punitive damages in an amount to be determined by the jury, sufficient to punish Defendant and to deter similar misconduct, subject to any applicable Alabama statutory caps, including but not limited to Ala. Code § 6-11-21 (punitive damages) and § 6-5-547 (medical liability), if and only to the extent such caps are constitutionally and statutorily applicable to wrongful-death actions.

VIII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in favor of Plaintiff and against Defendant as follows:

A. Award punitive damages in an amount determined by the enlightened conscience of the jury, consistent with Alabama law;
B. Award costs of court pursuant to Ala. R. Civ. P. 54(d);
C. Grant such other, further, or different relief—legal or equitable—as the Court deems just and proper, including limited injunctive relief to preserve evidence and assets pending judgment.

IX. JURY DEMAND

Pursuant to Ala. Const. art. I, § 11 and Ala. R. Civ. P. 38, Plaintiff demands trial by struck jury on all issues so triable.

X. FORUM SELECTION / DISPUTE RESOLUTION

14. Plaintiff invokes this Court’s jurisdiction and does not consent to waiver of jury trial or to binding arbitration. Any alternative dispute resolution shall be conducted only by agreement of the parties and subject to court approval.

XI. GENERAL PROVISIONS

15. Plaintiff reserves the right to amend this Complaint pursuant to Ala. R. Civ. P. 15.

16. All conditions precedent to filing this Action have been performed, satisfied, or waived.

XII. VERIFICATION & SIGNATURE BLOCKS

Respectfully submitted this ____ day of __________, 20__.

_____________________________________________
[ATTORNEY NAME], Esq.
(AL Bar No. [#####])
[LAW FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Counsel for Plaintiff, as Personal Representative
of the Estate of [Decedent Full Name]

VERIFICATION

STATE OF ALABAMA )
COUNTY OF [COUNTY] )

Before me, the undersigned Notary Public, personally appeared [PLAINTIFF FULL NAME], who, being duly sworn, deposes and says that (s)he has read the foregoing Complaint and that the facts stated therein are true and correct to the best of his/her knowledge, information, and belief.

__________________________________
[PLAINTIFF FULL NAME]
Personal Representative

Sworn to and subscribed before me this ____ day of __________, 20__.

__________________________________
Notary Public
My Commission Expires: ____________