Wrongful Death Complaint

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ALABAMA

COMPLAINT FOR WRONGFUL DEATH

TABLE OF CONTENTS

I. Document Header & Parties
II. Definitions
III. Jurisdiction & Venue
IV. Factual Allegations
V. Count I – Wrongful Death (Ala. Code § 6-5-410)
VI. Survival Action Allegations (Alternative — Include Only If Applicable)
VII. Damages Sought — Punitive Damages Only; No Statutory Cap
VIII. Prayer for Relief
IX. Jury Demand
X. Forum Selection / Dispute Resolution
XI. General Provisions
XII. Verification & Signature Blocks

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 take the Decedent’s Punitive Damages recovery under Alabama’s statute of distributions (intestate succession law), which governs distribution of the recovery regardless of the terms of any will, per Ala. Code § 6-5-410(c).
“Estate” means the probate estate of the Decedent administered in the Probate Court of [County] County, Alabama, from which Plaintiff obtained Letters Testamentary/Letters of Administration qualifying Plaintiff to serve as Personal Representative for purposes of this Action.
“Punitive Damages” means the sole category of damages recoverable under the Alabama Wrongful-Death Statute. Punitive Damages under § 6-5-410 are not compensatory in nature and are intended solely to punish Defendant's wrongful conduct and to deter similar conduct by Defendant and others; Alabama law does not permit recovery, under this cause of action, of the Decedent's medical expenses, funeral expenses, lost income, or the Beneficiaries' grief, mental anguish, or loss of consortium. (See Section VII, below.)

III. JURISDICTION & VENUE

3. This Court has subject-matter jurisdiction pursuant to Ala. Code § 12-11-30(1), which vests the circuit court with exclusive original jurisdiction of civil actions in which the matter in controversy exceeds $20,000, exclusive of interest and costs, and pursuant to the Alabama Wrongful-Death Statute.

4. Venue is proper in [County] County pursuant to Ala. Code § 6-5-410(e), which permits this Action to be filed only in a county where Decedent could have commenced an action for the alleged wrongful act, omission, or negligence under Ala. Code § 6-3-2 or § 6-3-7, had it not caused death, because Defendant resides/conducts business in this county and/or a substantial part of the events or omissions giving rise to this Action 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 — INCLUDE ONLY IF APPLICABLE)

12. [IF APPLICABLE — suit for Decedent's personal injuries was filed before Decedent's death:] Pursuant to Ala. Code § 6-5-462, an action for Decedent's own personal injuries that was pending in a court of competent jurisdiction at the time of Decedent's death survives Decedent's death and may be continued by Plaintiff, as Personal Representative, by amendment of the pre-death complaint to add this wrongful-death claim. Plaintiff pleads such surviving personal-injury claims in the alternative and seeks Decedent's actual damages sustained prior to death, including pain and suffering, medical expenses, and lost income, to the extent such an action was in fact commenced before Decedent's death.

VII. DAMAGES SOUGHT — PUNITIVE DAMAGES ONLY; GENERAL CAP EXCLUDED

13. Plaintiff seeks punitive damages in an amount to be determined by the jury, sufficient to punish Defendant and to deter similar misconduct. Under Alabama law, punitive damages are the sole and exclusive measure of recovery in a wrongful-death action, and no compensatory damages of any kind — including medical expenses, funeral expenses, lost income, or the Beneficiaries' grief, mental anguish, or loss of consortium — may be recovered under the Alabama Wrongful-Death Statute.

14. The general statutory limits on punitive damages set forth in Ala. Code § 6-11-21(a), (b), and (d) do NOT apply to this Action. Ala. Code § 6-11-21(j) expressly provides that "[t]his section shall not apply to actions for wrongful death." This exclusion does not override separate limits, immunities, or remedies applicable to a particular defendant.

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. 1901, art. I, § 11 and Ala. R. Civ. P. 38(b), Plaintiff demands trial by struck jury on all issues so triable.

X. FORUM SELECTION / DISPUTE RESOLUTION

15. 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

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

17. 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: ____________