Wrongful Death Complaint

SUPERIOR COURT OF THE STATE OF CONNECTICUT

JUDICIAL DISTRICT OF [PLACEHOLDER—JUDICIAL DISTRICT] AT [PLACEHOLDER—VENUE]

COMPLAINT

(Jury Trial Claimed)

TABLE OF CONTENTS

1. Definitions
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Counts
   - Count I – Wrongful Death – Negligence (Conn. Gen. Stat. § 52-555)
   - Count II – Wrongful Death – Statutory Double/Treble Damages (Optional – Conn. Gen. Stat. § 14-295, motor-vehicle cases only)
   - Count III – Loss of Spousal Consortium (Optional – Conn. Gen. Stat. §§ 52-555a, 52-555b)
   - Count IV – Survival Action (Optional – Conn. Gen. Stat. § 52-599)
6. Damages Sought
7. Prayer for Relief
8. Jury Demand
9. Verification
10. Certification of Service

1. DEFINITIONS

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

1.1 "Decedent" means [DECEDENT FULL LEGAL NAME], who died on [DATE OF DEATH].
1.2 "Estate" means the probate estate of the Decedent, pending in the [NAME OF PROBATE COURT], Estate No. [PROBATE FILE NUMBER].
1.3 "Personal Representative" means [NAME OF EXECUTOR/ADMINISTRATOR], the duly appointed [Executor/Administrator] of the Estate, appointed on [DATE OF APPOINTMENT], and the proper and sole Plaintiff in this action pursuant to Conn. Gen. Stat. § 52-555.
1.4 "Defendant" or "Defendants" means, individually and collectively, [DEFENDANT(S) LEGAL NAME(S)], together with their officers, agents, servants, employees, predecessors, successors, and assigns.
1.5 "Subject Incident" means the events of [DATE] at [LOCATION] that proximately caused the Decedent's injuries and death.

2. PARTIES

2.1 Plaintiff, the Estate of [Decedent], acting by and through its duly appointed Personal Representative, [Personal Representative], brings this action solely in a representative capacity pursuant to Conn. Gen. Stat. § 52-555.

2.2 Defendant [Primary Defendant] is a [corporation/LLC/individual/etc.] organized under the laws of [STATE] with its principal place of business at [ADDRESS] and transacting business in Connecticut.

2.3 Defendant [Additional Defendant] is a [DESCRIPTION] with an address at [ADDRESS].

3. JURISDICTION AND VENUE

3.1 This Court, as the sole court of original jurisdiction over civil causes of action other than those committed to the courts of probate, has subject-matter jurisdiction over this action pursuant to Conn. Gen. Stat. § 51-164s.

3.2 Venue is proper in this Judicial District pursuant to Conn. Gen. Stat. § 51-345 because [Plaintiff or Defendant resides in this Judicial District / the injury or death occurred here].

3.3 Defendants are subject to personal jurisdiction in Connecticut under Conn. Gen. Stat. § 52-59b(a) because Defendant(s) [transact business, committed a tortious act, or otherwise fall within an enumerated basis] within the state.

4. FACTUAL ALLEGATIONS

4.1 On [DATE], at approximately [TIME], the Decedent was [brief description of activity] at [LOCATION].

4.2 At that time and place, Defendant(s) [describe negligent or reckless acts/omissions].

4.3 As a direct and proximate result of Defendant(s)' conduct, the Decedent sustained severe injuries causing conscious pain and suffering until death on [DATE].

4.4 The Personal Representative has been duly appointed and qualified by the [NAME OF PROBATE COURT] and has standing to prosecute this action on behalf of the Estate.

4.5 This action is brought within two (2) years of the Decedent's death and within five (5) years of the underlying act or omission complained of, as required by Conn. Gen. Stat. § 52-555(a).

5. COUNTS

COUNT I

Wrongful Death – Negligence
(Conn. Gen. Stat. § 52-555)

5.1 Plaintiff realleges ¶¶ 1 through 4.5.

5.2 Defendant owed the Decedent a duty of reasonable care [identify duty].

5.3 Defendant breached that duty by [specific negligent acts/omissions].

5.4 Defendant's breach was the direct and proximate cause of the Decedent's fatal injuries.

5.5 Under Conn. Gen. Stat. § 52-555, Plaintiff, as Personal Representative of the Estate, seeks all damages recoverable by law, measured by the loss to the Decedent (not the loss to surviving family members), including but not limited to:
a. The Decedent's loss of capacity to carry on and enjoy life's activities;
b. The Decedent's conscious pain and suffering prior to death;
c. The Decedent's loss of earning capacity;
d. Reasonable medical, hospital, and nursing expenses incurred as a result of the Subject Incident;
e. Reasonable funeral and burial expenses; and
f. Pre- and post-judgment interest as allowed by law.

COUNT II

Wrongful Death – Statutory Double or Treble Damages
(Optional – Use only in motor-vehicle cases; Conn. Gen. Stat. § 14-295)

5.6 Plaintiff realleges ¶¶ 1 through 4.5.

5.7 Defendant operated a motor vehicle deliberately or with reckless disregard in violation of Conn. Gen. Stat. § [14-218a / 14-219 / 14-222 / 14-227a / 14-227m / 14-227n(a)(1) or (2) / 14-230 / 14-234 / 14-237 / 14-239 / 14-240a / 14-296aa — cite the specific violated section(s)], in that Defendant [state specific conduct].

5.8 Such violation was a substantial factor in causing the Decedent's death.

5.9 Plaintiff has specifically pleaded this claim as required by Conn. Gen. Stat. § 14-295 and seeks double or treble damages in the discretion of the trier of fact, in an amount to be determined at trial.

COUNT III

Loss of Spousal Consortium
(Optional – Use only if Decedent was survived by a spouse; Conn. Gen. Stat. §§ 52-555a, 52-555b)

5.10 Plaintiff realleges ¶¶ 1 through 4.5.

5.11 [NAME OF SURVIVING SPOUSE] was the lawful spouse of the Decedent at the time of death and asserts this claim, which is joined with the Estate's wrongful death claim as required by Conn. Gen. Stat. § 52-555b.

5.12 As a direct and proximate result of Defendant(s)' conduct causing the Decedent's death, [NAME OF SURVIVING SPOUSE] has suffered the loss of the Decedent's society, companionship, affection, moral support, services, and sexual relations.

5.13 This claim for loss of consortium is separate from and independent of the Estate's claim for damages with respect to the Decedent's death, pursuant to Conn. Gen. Stat. § 52-555a, though it must be brought in the same action pursuant to § 52-555b.

COUNT IV

Survival Action
(Optional – Conn. Gen. Stat. § 52-599)

5.14 Plaintiff realleges ¶¶ 1 through 4.5.

5.15 The Decedent had a viable, distinct personal injury claim arising from the Subject Incident, existing prior to and independent of death, that survives to the Estate pursuant to Conn. Gen. Stat. § 52-599.

5.16 Plaintiff seeks recovery of all damages the Decedent could have recovered had death not ensued, including pre-death lost wages, property damage, and other special damages not otherwise duplicative of the damages sought in Count I.

6. DAMAGES SOUGHT

6.1 Plaintiff claims money damages exceeding $[THRESHOLD], exclusive of interest and costs.

6.2 Plaintiff further claims:
a. Statutory interest under Conn. Gen. Stat. § 37-3b;
b. Costs as taxed by the Clerk;
c. Double or treble damages under Conn. Gen. Stat. § 14-295, if Count II is pleaded and proven; and
d. Such other relief this Court deems just and proper.

7. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of the Estate (and, as to Count III, the surviving spouse) and against each Defendant, jointly and severally, in an amount to be proven at trial, together with:

1. Compensatory damages as permitted by Conn. Gen. Stat. § 52-555;
2. Double or treble damages under Conn. Gen. Stat. § 14-295, if applicable and proven;
3. Common-law punitive damages limited to litigation expenses, including reasonable attorneys' fees, less taxable costs, if applicable and proven;
4. Pre-judgment and post-judgment interest;
5. Costs of suit as allowed by law; and
6. All other and further relief the Court deems just and equitable.

8. JURY DEMAND

Plaintiff hereby demands a trial by jury on all issues so triable as of right pursuant to Conn. Gen. Stat. § 52-215.

9. VERIFICATION

I, [NAME OF PERSONAL REPRESENTATIVE], being duly sworn, state that I am the duly appointed [Executor/Administrator] of the Estate of [Decedent] and that I have read the foregoing Complaint, know the contents thereof, and that the same is true to the best of my knowledge, information, and belief.

Date: ___ day of ________, 20___

__________________________________
[NAME OF PERSONAL REPRESENTATIVE]
[Title], Estate of [Decedent]

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

__________________________________
Notary Public
My Commission Expires: ___________

10. CERTIFICATION OF SERVICE

I hereby certify that a copy of the foregoing Complaint was or will be mailed, delivered, or electronically served on all counsel and pro se parties of record on this ___ day of __________, 20___, in accordance with Practice Book §§ 10-12 and 10-13.

__________________________________
[ATTORNEY NAME], Esq.
Attorney for Plaintiff
Juris No.: [####]
Firm: [LAW FIRM NAME]
Address: [ADDRESS]
Phone: [PHONE]
Email: [EMAIL]