Wrongful Death Complaint

CAPTION & STYLE OF CAUSE

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ARKANSAS

☐ CIVIL DIVISION

Case No.: _____________________

JURY TRIAL DEMANDED

COMPLAINT

(WRONGFUL DEATH & SURVIVAL ACTION)
Ark. Code Ann. § 16-62-101 et seq.

TABLE OF CONTENTS

1. Definitions
2. Parties
3. Jurisdiction & Venue
4. Factual Allegations

5. Causes of Action
   5.1 Count I – Negligence Resulting in Wrongful Death
   5.2 Count II – Survival Action
   5.3 Count III – [Optional Additional Theory]

6. Damages

7. Prayer for Relief
8. Jury Demand
9. Reservation of Rights
10. Verification & Rule 11 Certification
11. Signature Block

1. DEFINITIONS

For purposes of this Complaint, and solely for ease of reference:

1.1 “Decedent” means [DECEDENT FULL LEGAL NAME], who died on [DATE OF DEATH] in [LOCATION].

1.2 “Personal Representative” means [PLAINTIFF FULL LEGAL NAME], duly appointed by [COURT NAME & CASE NO. OF ESTATE PROBATE] on [DATE].

1.3 “Statutory Beneficiaries” means all individuals entitled to recover under Ark. Code Ann. § 16-62-102(d), namely:
a. Surviving spouse: [NAME];
b. Children: [NAME(S)];
c. Father and/or mother: [NAME(S)];
d. Brothers and/or sisters: [NAME(S)];
e. Persons standing in loco parentis to the Decedent, or to whom the Decedent stood in loco parentis, regardless of age: [NAME(S), IF ANY].

1.4 “Defendant(s)” means [DEFENDANT NAME(S)], collectively and individually, together with their officers, employees, agents, insurers, and any John/Jane Does to be identified through discovery.

2. PARTIES

2.1 Plaintiff [PLAINTIFF FULL LEGAL NAME] is a resident of [COUNTY, STATE] and sues in the representative capacity described above.

2.2 Defendant [DEFENDANT NAME] is a [corporation/LLC/individual/other] organized under the laws of [STATE], with principal place of business at [ADDRESS] and does business in Arkansas.

2.3 Pursuant to Ark. R. Civ. P. 4, Defendant is subject to service of process via [Registered Agent/Service Method] at [ADDRESS].

3. JURISDICTION & VENUE

3.1 This Court has subject-matter jurisdiction under Ark. Const. amend. 80, § 6(A) and Ark. Code Ann. § 16-13-201(a), which vest circuit courts with original jurisdiction of all justiciable matters not otherwise assigned by the Arkansas Constitution.

3.2 Venue is proper in this County under Ark. Code Ann. § 16-60-101 because the wrongful act and resulting death occurred herein and/or Defendant resides/conducts business herein.

3.3 No binding arbitration agreement exists between the parties, or, to the extent one is asserted, Plaintiff expressly elects to proceed in this Court.

4. FACTUAL ALLEGATIONS

4.1 On [DATE], Defendant [describe wrongful conduct with particularity—e.g., operated a motor vehicle while intoxicated, manufactured a defective product, provided negligent medical care].

4.2 As a direct and proximate result of Defendant’s acts and omissions, the Decedent suffered fatal injuries on [DATE].

4.3 Prior to death, Decedent endured conscious pain and suffering and incurred medical expenses of approximately [$ AMOUNT].

4.4 Plaintiff has complied with all statutory prerequisites, including appointment of a Personal Representative and identification of Statutory Beneficiaries.

5. CAUSES OF ACTION

5.1 Count I – Negligence Resulting in Wrongful Death

(Ark. Code Ann. § 16-62-102)

5.1.1 Plaintiff realleges §§ 1–4.

5.1.2 Defendant owed Decedent a duty of reasonable care [describe duty].

5.1.3 Defendant breached that duty by [specific breach].

5.1.4 The breach was the proximate cause of Decedent’s death.

5.1.5 Under § 16-62-102, Plaintiff and the Statutory Beneficiaries are entitled to recover all damages permissible by law.

5.1.6 To the extent Defendant asserts that fault should be apportioned to Plaintiff, the Decedent, or any nonparty, such apportionment is governed exclusively by Ark. Code Ann. § 16-64-122. Plaintiff's or the Decedent's recovery, if any, is reduced only in proportion to fault chargeable to Plaintiff or the Decedent, and is barred only if that fault equals or exceeds the fault chargeable to Defendant.

5.2 Count II – Survival Action

(Ark. Code Ann. § 16-62-101)

5.2.1 Plaintiff realleges §§ 1–4.

5.2.2 Decedent’s claims for conscious pain, suffering, medical expenses, and property loss survive death and vest in the Estate.

5.2.3 Plaintiff seeks recovery of such damages for the benefit of the Estate.

5.3 Count III – [OPTIONAL ADDITIONAL THEORY]

(e.g., Strict Products Liability under the Arkansas Product Liability Act of 1979, Ark. Code Ann. § 16-116-201 et seq.; counsel should confirm the current pinpoint elements section against the Arkansas Code before filing, as the former § 4-86-102 "Liability of Supplier" text was recodified into this subchapter)

5.3.1 Plaintiff realleges §§ 1–4.

5.3.2 [Allege elements of additional theory].

6. DAMAGES

6.1 Wrongful-Death Damages (Beneficiaries’ Claims):
a. Loss of financial support and contributions;
b. Loss of services, care, comfort, and companionship;
c. Mental anguish.

6.2 Survival Damages (Estate’s Claims):
a. Medical expenses;
b. Conscious pain and suffering;
c. Property damage;
d. Funeral and burial expenses.

6.3 Punitive Damages: Plaintiff seeks punitive damages to punish and deter egregious conduct, in an amount allowable under Arkansas law. Arkansas's former statutory cap on punitive damages, Ark. Code Ann. § 16-55-208, was held unconstitutional in full — as applied outside the employment relationship — under Ark. Const. art. 5, § 32 in Bayer CropScience LP v. Schafer, 2011 Ark. 518, 385 S.W.3d 822 (2011); no enforceable statutory cap on punitive damages currently applies to this action. Plaintiff must still prove by clear and convincing evidence the aggravating factors required under Ark. Code Ann. §§ 16-55-206–16-55-207.

6.4 All damages are sought jointly and severally against all Defendants, plus pre- and post-judgment interest, costs, and such other relief as the Court deems just.

7. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendant(s) as follows:

a. Compensatory damages in an amount to be determined by a jury;
b. Survival damages to the Estate;
c. Punitive damages as allowed by law;
d. Costs of suit, expert fees, and discretionary costs;
e. Pre- and post-judgment interest;
f. Limited injunctive relief, if necessary, to prevent destruction of evidence; and
g. All other just and proper relief.

8. JURY DEMAND

Pursuant to Ark. Const. art. 2, § 7 and Ark. R. Civ. P. 38, Plaintiff demands a trial by jury on all issues so triable.

9. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint to add parties, claims, and prayers for relief as discovery may warrant.

10. VERIFICATION & RULE 11 CERTIFICATION

I, [PLAINTIFF NAME], being duly sworn, state under penalty of perjury that I have read the foregoing Complaint, that it is true and correct to the best of my knowledge, information, and belief, and that it is not interposed for any improper purpose. I further certify that the factual allegations have evidentiary support and that the legal contentions are warranted under existing law or a good-faith argument for its extension, modification, or reversal, in accordance with Ark. R. Civ. P. 11.

______________________________
[PLAINTIFF NAME]
Personal Representative

Subscribed and sworn before me on this ___ day of __________, 20___.

______________________________
Notary Public
My Commission Expires: __________

11. SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]
By: ___________________________
[ATTORNEY NAME] (Ark. Bar No. ______)
[ADDRESS]
[PHONE] | [EMAIL]
ATTORNEYS FOR PLAINTIFF