Wrongful Death Complaint - District of Columbia

Wrongful Death and Survival Action Complaint

Filing package: File this complaint with a summons for each defendant and the court's Civil Actions Information Sheet. The Superior Court requires an information sheet when opening a Civil Actions case.
(District of Columbia – Superior Court)

1. DOCUMENT HEADER & CAPTION

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

CIVIL DIVISION

Civil Action No.: [____________]

COMPLAINT FOR WRONGFUL DEATH AND SURVIVAL ACTION
(Jury Trial Demanded)

Date of Filing: [___]

2. PRELIMINARY STATEMENT

1. Plaintiff [PLAINTIFF NAME] (the “Personal Representative”), in his/her representative capacity for the Estate of [DECEDENT NAME] (the “Estate”), brings this civil action against Defendant [DEFENDANT NAME] (“Defendant”) pursuant to D.C. Code §§ 16-2701 to 16-2703 and § 12-101.
2. Plaintiff seeks all damages recoverable under District of Columbia law on behalf of the statutory beneficiaries and on behalf of the Estate, including pecuniary losses, loss of services, reasonable expenses of last illness and burial, pre-death pain and suffering, and any additional relief the Court deems just and proper.

3. PARTIES

3. Personal Representative. Plaintiff [NAME] is the duly appointed Personal Representative of the Estate of [DECEDENT NAME], appointed by order of the Probate Division of the Superior Court of the District of Columbia dated [DATE], Estate No. [____________], with Letters of Administration issued thereunder. Plaintiff's address is [ADDRESS].
4. Decedent. [DECEDENT NAME] (“Decedent”) was a resident of [DISTRICT OF COLUMBIA/STATE] who died on [DATE OF DEATH] as a proximate result of Defendant’s wrongful conduct, as alleged herein.
5. Defendant. [DEFENDANT NAME] is [IDENTIFY PERSON, ENTITY, HEALTHCARE PROVIDER, OR THE DISTRICT OF COLUMBIA; STATE STATUS AND ADDRESS]. [FOR A PRIVATE ENTITY: STATE ORGANIZATION, PRINCIPAL PLACE OF BUSINESS, DISTRICT CONTACTS, AND SERVICE AGENT. FOR THE DISTRICT: STATE FACTS AND SERVICE ROUTE APPLICABLE TO THE DISTRICT.]

4. JURISDICTION & VENUE

6. This Court has subject-matter jurisdiction under D.C. Code § 11-921(a)(6). The injury giving rise to the death occurred within the District of Columbia, as required by D.C. Code § 16-2701(a).
7. This Court has personal jurisdiction over Defendant because [SELECT AND STATE DEFENDANT-SPECIFIC FACTS: Defendant is domiciled in, organized under the laws of, or has its principal place of business in the District under D.C. Code § 13-422 / this claim arises from Defendant's transaction of business in the District under § 13-423(a)(1) / Defendant caused tortious injury in the District by an act or omission in the District under § 13-423(a)(3)].

7A. Healthcare provider only: [If this action alleges medical malpractice against a healthcare provider, state the date, method, recipient, and substance of notice of intent to sue given at least 90 days before filing under D.C. Code § 16-2802(a)-(c), or the facts supporting a court-excused failure. Omit for other defendants and claims.]

7B. District defendant only: [If the District of Columbia is a defendant on a covered claim for unliquidated damages, state when written notice was given to the Mayor within six months after injury, and the approximate time, place, cause, and circumstances described, or identify a qualifying written Metropolitan Police Department report under D.C. Code § 12-309(a). Omit for other defendants.]

5. DEFINITIONS

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

“Act” – the District of Columbia Wrongful Death Act, D.C. Code § 16-2701 et seq.

“Estate” – the probate estate of [DECEDENT NAME], established in the Probate Division of this Court under Case No. ☐.

“Personal Representative” – [PLAINTIFF NAME] in his/her fiduciary capacity for the Estate.

“Statutory Beneficiaries” – the Decedent's [spouse or domestic partner] and next of kin whose injury is compensable under D.C. Code § 16-2701(b), as identified in ¶ ☐ below.

“Survival Statute” – D.C. Code § 12-101, permitting certain causes of action to survive the Decedent’s death.

6. FACTUAL ALLEGATIONS

8. On [DATE], Decedent was lawfully present at/on [LOCATION/PRODUCT/SERVICE] owned, operated, manufactured, maintained, and/or controlled by Defendant.
9. Defendant owed Decedent a duty of reasonable care to [describe duty—e.g., maintain safe premises, design a non-defective product, operate a motor vehicle prudently].

10. Defendant breached that duty by [specific negligent acts or omissions] including, without limitation:
    a. [NEGLIGENT ACT #1];
    b. [NEGLIGENT ACT #2]; and
    c. [NEGLIGENT ACT #3].

11. As a direct and proximate result of Defendant’s wrongful conduct, Decedent sustained severe injuries leading to his/her death on [DATE OF DEATH].

12. Decedent experienced conscious pain and suffering, and reasonable expenses of last illness and burial were incurred in the approximate amount of $[___].
13. The Statutory Beneficiaries suffered injury from Decedent's death, including [IDENTIFY FACTUAL LOSS OF FINANCIAL SUPPORT, SERVICES, OR OTHER COMPENSABLE INJURY TO THE SPOUSE OR DOMESTIC PARTNER AND NEXT OF KIN].

7. CAUSES OF ACTION

COUNT I – WRONGFUL DEATH

(D.C. Code § 16-2701 et seq.)

14. Plaintiff incorporates by reference ¶¶ 1–13 as if fully set forth herein.
15. Under D.C. Code § 16-2702, this action is brought by and in the name of the Personal Representative. [CONFIRM AND ALLEGE: Decedent did not recover damages for the injury during life.] Under § 16-2703, the damages recovered in this count inure to the benefit of Decedent's family and are not subject to Decedent's debts or liabilities, except the verdict or judgment amount covering reasonable expenses of last illness and burial.
16. Defendant’s negligent, reckless, and/or intentional acts described above directly and proximately caused Decedent’s death.
17. Pursuant to D.C. Code § 16-2701(b), damages are assessed with reference to the injury to the spouse or domestic partner and next of kin resulting from Defendant's wrongful act, neglect, or default, and include reasonable expenses of last illness and burial. Plaintiff requests damages for [DESCRIBE AND SUPPORT EACH BENEFICIARY'S LOSS] and those expenses. Under § 16-2703, the proceeds other than the specified last-illness and burial expenses are distributed according to the verdict's or judgment's allocation, or, absent an allocation, the District's statute of distribution.
18. Plaintiff demands judgment against Defendant for damages proven under this count, plus interest as allowed by law.

COUNT II – SURVIVAL ACTION

(D.C. Code § 12-101)

19. Plaintiff incorporates by reference ¶¶ 1–18 as if fully set forth herein.
20. All causes of action that accrued to Decedent prior to death survive in favor of the Estate under D.C. Code § 12-101.
21. Decedent endured conscious pain, suffering, fear of impending death, and emotional distress from the time of injury until death.
22. The Estate incurred medical and related expenses reasonably necessary for Decedent’s treatment.
23. Plaintiff, on behalf of the Estate, seeks damages that accrued to Decedent on the underlying claim before death, including [IDENTIFY SUPPORTED PRE-DEATH INJURY, TREATMENT EXPENSES, AND LOST EARNINGS, IF RECOVERABLE]. Section 12-101 preserves the accrued right of action; the underlying cause of action and evidence determine the available damages.

8. DAMAGES

24. Plaintiff seeks judgment for a sum certain to be proven at trial, including:
    • Compensatory damages under the Act;
    • Survival damages under D.C. Code § 12-101;
    • Pre- and post-judgment interest as allowed by law;
    • Costs of suit; and
    • Any other relief supported by the pleaded claims and allowed by law.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays that the Court enter judgment in favor of Plaintiff and against Defendant as follows:

A. Compensatory damages in an amount to be determined at trial;
B. Survival damages in an amount to be determined at trial;
C. Pre- and post-judgment interest as allowed by law;
D. Reasonable costs and any other relief the Court deems just and proper.

10. JURY DEMAND

Pursuant to D.C. Super. Ct. Civ. R. 38, Plaintiff demands trial by jury on all issues so triable.

Respectfully submitted,

Date: [__/__/____]

By: [________________________________]

[ATTORNEY NAME / SELF-REPRESENTED PLAINTIFF]

D.C. Bar No. (if applicable): [____________]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Counsel for Plaintiff / Plaintiff self-represented

11. OPTIONAL VERIFICATION

I, [PLAINTIFF NAME], being duly sworn, depose and state that I am the Personal Representative of the Estate of [DECEDENT NAME]; I have read the foregoing Complaint and verify that the allegations therein are true and correct to the best of my knowledge, information, and belief.

Date: [___]

____________________________________
[PLAINTIFF NAME]
Personal Representative

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

____________________________________
Notary Public
My commission expires: ____________