Wrongful Death Complaint

WRONGFUL DEATH COMPLAINT

(Colorado State District Court – Form Template)

TABLE OF CONTENTS

1. Caption & Document Title
2. Parties, Beneficiaries, and Capacity Allegations
3. Jurisdiction & Venue
4. Factual Allegations

5. Claims for Relief
   5.1 Claim One – Wrongful Death – Negligence
   5.2 Claim Two – Survival Action – Negligence (Pled in the Alternative)

6. Prayer for Relief

7. Jury Demand
8. C.R.C.P. 11 Certification
9. Signature Block & Attorney Information
10. Verification (Optional)
11. Certificate of Service

1. CAPTION & DOCUMENT TITLE

IN THE DISTRICT COURT, [___] COUNTY, COLORADO
Court Address: [Street Address, City, CO Zip]
Phone: [Court Phone]

Attorney for Plaintiff(s):
[LAW FIRM NAME]
[Attorney Name], Reg. No. [Bar #]
[Street Address]
[City, State ZIP]
[Phone] | [Fax] | [Email]

Case No.: [#####]     Division: [___]     Courtroom: [___]

COMPLAINT FOR WRONGFUL DEATH AND SURVIVAL DAMAGES

2. PARTIES, BENEFICIARIES, AND CAPACITY ALLEGATIONS

2.1 Plaintiff [PLAINTIFF NAME] ("Plaintiff") is the [surviving spouse/child/heir/designated beneficiary/parent] and a proper party entitled to bring this action pursuant to C.R.S. § 13-21-201. <!-- GUIDANCE: Colorado's beneficiary hierarchy is TIME-TIERED and mandatory — verify which tier applies before filing.

• Year 1 after death: the spouse may sue and may make the written elections described in § 13-21-201(1)(a)(II)-(III). If there is no spouse, apply subsection (1)(a)(IV)'s heir/designated-beneficiary provisions. Siblings or their heirs may sue only under subsection (1)(a)(V)'s conditions.
• Year 2 after death: apply subsection (1)(b)'s spouse, heir, designated-beneficiary, joinder, and limited sibling provisions.
• Parents have the separate standing described in subsection (1)(c) when the decedent was an unmarried minor or adult without descendants and without a qualifying designated beneficiary.
• There is only ONE civil action permitted per decedent under this part — confirm no earlier wrongful death suit for the same decedent has been filed. -->
  2.2 Plaintiff [PERSONAL REPRESENTATIVE NAME] is the duly appointed Personal Representative of the Estate of [DECEDENT NAME] under [Probate Case No. ___], appointed by the District Court, Probate Division, [COUNTY] County, State of Colorado.
  2.3 Defendant [DEFENDANT NAME] ("Defendant") is a [Colorado corporation/foreign corporation/individual] that at all material times conducted business and/or committed the tortious acts complained of within the State of Colorado.
  2.4 At the time of death, Decedent resided in [County], Colorado.
  2.5 Decedent [did/did not] leave a surviving spouse, minor child(ren), or dependent parent.

3. JURISDICTION & VENUE

3.1 This Court has subject-matter jurisdiction over this civil action pursuant to Colo. Const. art. VI, § 9, which vests the district courts with original jurisdiction over all civil matters, including actions for wrongful death under C.R.S. §§ 13-21-201 to -204.
3.2 Personal jurisdiction over Defendant exists pursuant to C.R.S. § 13-1-124(1)(a)-(b) because Defendant transacted business and/or committed a tortious act within Colorado, and/or maintained continuous and systematic contacts with Colorado sufficient to satisfy due process.
3.3 Venue is proper in this Court under C.R.C.P. 98(c)(1) because Defendant resides, or may be found, in [COUNTY] County, Colorado, and/or under C.R.C.P. 98(c)(5) because the tortious conduct giving rise to this action occurred in [COUNTY] County, Colorado.

4. FACTUAL ALLEGATIONS

4.1 On or about [DATE], at approximately [TIME], Decedent was lawfully present at [LOCATION].
4.2 Defendant, through its agents and employees, owed Decedent a duty of reasonable care to [describe duty].
4.3 Defendant breached that duty by [specific negligent acts or omissions].
4.4 As a direct and proximate result of Defendant's breach, Decedent sustained severe injuries that led to Decedent's death on [DATE OF DEATH].
4.5 Plaintiffs have incurred funeral, burial, and other pecuniary expenses and have suffered noneconomic losses including grief, loss of companionship, impairment of the quality of life, inconvenience, pain and suffering, and emotional stress.
4.6 Pursuant to C.R.S. § 13-21-203(1)(a), Plaintiffs are entitled to recover economic damages without statutory limitation, and noneconomic damages subject to the statutory limitations described in Paragraph 5.1.4 below, applicable to wrongful-death actions in Colorado.
4.7 This action is commenced within two years of Decedent's death, as required by C.R.S. § 13-80-102(1)(d).

5. CLAIMS FOR RELIEF

5.1 CLAIM ONE – Wrongful Death – Negligence

(C.R.S. §§ 13-21-201 to -204)

5.1.1 Plaintiffs reallege and incorporate by reference paragraphs 1 through 4 above.
5.1.2 Defendant owed Decedent a duty of reasonable care, which Defendant breached by the acts and omissions described herein.
5.1.3 Defendant's breach was the direct and proximate cause of Decedent's injuries and death.
5.1.4 Pursuant to C.R.S. § 13-21-202, Plaintiffs, as proper parties under C.R.S. § 13-21-201, are entitled to recover:
(a) Net pecuniary loss, including the financial benefit Plaintiffs might reasonably have expected to receive from Decedent had Decedent lived;
(b) Reasonable funeral, burial, and related expenses;
(c) Noneconomic damages for grief, loss of companionship, impairment of the quality of life, inconvenience, pain and suffering, and emotional stress, subject to the $2,125,000 limitation in C.R.S. § 13-21-203(1)(a) for claims accruing on or after January 1, 2025 and the inflation adjustment in § 13-21-203.7(1.5), unless the wrongful act constitutes a felonious killing as defined in C.R.S. § 15-11-803(1)(b) and determined under § 15-11-803(7); separate medical-malpractice and governmental limits may apply; in the alternative, Plaintiffs may elect solatium damages under C.R.S. § 13-21-203.5 in lieu of proving noneconomic loss;
(d) Exemplary damages under C.R.S. § 13-21-203(3), if the death was attended by circumstances of fraud, malice, or willful and wanton conduct, in an amount not to exceed the actual damages awarded absent a showing of continued or aggravating misconduct under C.R.S. § 13-21-203(5); and
(e) Pre- and post-judgment interest as allowed by law.

5.2 CLAIM TWO – Survival Action – Negligence (Pled in the Alternative)

(C.R.S. § 13-20-101)

5.2.1 The Estate of [DECEDENT NAME], by and through the Personal Representative, realleges and incorporates paragraphs 1 through 4 above.
5.2.2 Pursuant to C.R.S. § 13-20-101(1), this survival claim seeks the loss of earnings and expenses Decedent sustained or incurred between the date of injury and the date of death, which the Estate could have recovered had Decedent survived. Damages under this claim do not include pain, suffering, or disfigurement, nor prospective profits or earnings after the date of death, and punitive damages are not recoverable after Decedent's death under this section.
5.2.3 Defendant's negligence directly and proximately caused the damages recoverable by the Estate.
5.2.4 Plaintiffs acknowledge that C.R.S. § 13-21-203(1)(a) requires an election between proceeding under C.R.S. § 13-21-201 or § 13-21-202 for the wrongful death claim, and that only one wrongful death civil action may be maintained per decedent; this survival claim is a distinct cause of action under C.R.S. § 13-20-101 and is pled in the alternative to the extent required by the Court.

6. PRAYER FOR RELIEF

WHEREFORE, Plaintiffs respectfully request that judgment be entered in their favor and against Defendant as follows:

a. Economic and pecuniary damages in an amount to be proven at trial, without statutory limitation;
b. Noneconomic damages subject to the current statutory limitation described in Paragraph 5.1.4(c), or, in the alternative, election of solatium damages under C.R.S. § 13-21-203.5;
c. Funeral and burial expenses;
d. Exemplary damages, if warranted under C.R.S. § 13-21-203(3)-(5);
e. Damages recoverable under the survival claim pursuant to C.R.S. § 13-20-101, in the alternative;
f. Interest at the statutory rate from the date of death;
g. Costs and reasonable attorney fees as allowed by law;
h. All other and further relief the Court deems just and proper.

7. JURY DEMAND

Plaintiffs demand a trial by jury on all issues so triable pursuant to Colo. Const. art. II, § 23 and C.R.C.P. 38.

8. C.R.C.P. 11 CERTIFICATION

Pursuant to C.R.C.P. 11, the undersigned counsel certifies that he/she has read the foregoing pleading; that to the best of counsel's knowledge, information, and belief formed after reasonable inquiry, it is well-grounded in fact and is warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law; and that it is not interposed for any improper purpose.

9. SIGNATURE BLOCK

Respectfully submitted this ___ day of [MONTH], 20[YY].

[LAW FIRM NAME]

By: ______________________________
[ATTORNEY NAME], Reg. No. [####]
Attorney for Plaintiff(s)

10. VERIFICATION (Optional but Recommended)

I, [PLAINTIFF NAME], verify under penalty of perjury under the laws of the State of Colorado that the facts set forth in this Complaint are true and correct to the best of my knowledge, information, and belief.
Executed on _____ day of [MONTH], 20[YY], at [City], Colorado.

_________________________________
[PLAINTIFF NAME]

11. CERTIFICATE OF SERVICE

I certify that on this ___ day of [MONTH], 20[YY], a true and correct copy of the foregoing COMPLAINT FOR WRONGFUL DEATH AND SURVIVAL DAMAGES was served via [state method — e.g., Colorado Courts E-Filing system / hand delivery / certified U.S. Mail] upon:

[Opposing Counsel / Defendant Information]

_________________________________
[Name of person making service]

END OF TEMPLATE