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

DISTRICT COURT, [COUNTY] COUNTY, STATE OF COLORADO  
Court Address: [Street Address, City, State, Zip]  
Phone: [Court Phone]  

Plaintiff(s):  
[PLAINTIFF NAME(S)], Individually and as [Relationship/Capacity—e.g., Surviving Spouse, Statutory Beneficiary], and  
[PERSONAL REPRESENTATIVE NAME], as Personal Representative of the Estate of [DECEDENT NAME], Deceased,  

v.  

Defendant(s):  
[DEFENDANT NAME(S)], [Entity Description].  

▲ COURT USE ONLY ▲  

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 [spouse/child/parent] and a statutory beneficiary entitled to bring this action pursuant to Colo. Rev. Stat. § 13-21-201.
2.2 Plaintiff [PERSONAL REPRESENTATIVE NAME] is the duly appointed Personal Representative of the Estate of [DECEDENT NAME] under [Probate Case No. ___] filed in the [COUNTY] County Probate Court, State of Colorado.
2.3 Defendant [DEFENDANT NAME] (“Defendant”) is a [Colorado corporation/foreign corporation/individual] that at all material times conducted business and committed the tortious acts complained of within the State of Colorado.
2.4 At the time of death, Decedent resided in [County], Colorado.

3. JURISDICTION & VENUE

3.1 This Court has subject-matter jurisdiction under Colo. Rev. Stat. § 13-21-201 because this is an action for wrongful death arising from events occurring in Colorado.
3.2 Personal jurisdiction over Defendant exists pursuant to Colo. Rev. Stat. § 13-1-124(1) because Defendant transacted business, committed a tortious act, and/or maintained continuous and systematic contacts in Colorado.
3.3 Venue is proper in this Court under C.R.C.P. 98(c) because the cause of action arose in [COUNTY] County, Colorado and/or Defendant resides/maintains its principal place of business here.

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, emotional distress, and impairment of the quality of life.
4.6 Pursuant to Colo. Rev. Stat. § 13-21-203(1)(a), Plaintiffs are entitled to recover economic damages and noneconomic damages subject to the statutory limitations applicable to wrongful-death actions in Colorado.

5. CLAIMS FOR RELIEF

5.1 CLAIM ONE – Wrongful Death – Negligence

(Colo. Rev. Stat. §§ 13-21-201 – 204)

5.1.1 Plaintiffs reallege and incorporate by reference paragraphs 1-4 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 Colo. Rev. Stat. § 13-21-202, Plaintiffs, as statutory beneficiaries, are entitled to recover:
 (a) Net earnings accumulations of the decedent;
 (b) Reasonable funeral, burial, and memorial expenses;
 (c) Noneconomic damages for grief, loss of companionship, pain and suffering, and emotional distress, subject to the damages cap set forth in Colo. Rev. Stat. § 13-21-203(1)(a); and
 (d) Pre- and post-judgment interest as allowed by law.

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

(Colo. Rev. Stat. § 13-20-101)

5.2.1 The Estate of [DECEDENT NAME], by and through the Personal Representative, realleges and incorporates paragraphs 1-4 above.
5.2.2 Pursuant to Colo. Rev. Stat. § 13-20-101(1), this survival claim seeks damages the Decedent could have recovered had he/she survived, including medical expenses, property damage, and punitive damages if proven.
5.2.3 Defendant’s negligence directly and proximately caused the damages recoverable by the Estate.

6. PRAYER FOR RELIEF

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

a. Economic damages in an amount to be proven at trial;
b. Noneconomic damages, subject to the limitations of Colo. Rev. Stat. § 13-21-203(1)(a), or in the alternative, election of solatium damages under Colo. Rev. Stat. § 13-21-203(1)(b);
c. Funeral and burial expenses pursuant to Colo. Rev. Stat. § 13-21-203(1)(c);
d. Interest at the statutory rate from the date of death;
e. Costs and reasonable attorney fees as allowed by law;
f. 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