Wrongful Death Complaint

Wrongful Death and Survival Action Complaint

(District of Columbia – Superior Court)

TABLE OF CONTENTS

1. Document Header & Caption ... [___]
2. Preliminary Statement ... [___]
3. Parties ... [___]
4. Jurisdiction & Venue ... [___]
5. Definitions ... [___]
6. Factual Allegations ... [___]

7. Causes of Action
   • Count I – Wrongful Death ... [___]
   • Count II – Survival Action ... [___]

8. Damages ... [___]

9. Prayer for Relief ... [___]
10. Jury Demand ... [___]
11. Conditions Precedent & Reservation of Rights ... [___]
12. Verification ... [___]
13. Certificate of Service ... [___]

1. DOCUMENT HEADER & CAPTION

IN THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
Civil Division

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 the District of Columbia Wrongful Death Act, D.C. Code § 16-2701 et seq., and the District of Columbia Survival Statute, D.C. Code § 12-101 (2023).
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. ☐, Letters of Administration issued thereunder. This wrongful death and survival action is brought in the Civil Division of the Superior Court, which has subject-matter jurisdiction over the tort claims asserted herein under D.C. Code § 11-921(a)(6); the Probate Division's role is limited to the separate proceeding appointing Plaintiff as Personal Representative. 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 a [corporation/LLC/individual] organized under the laws of [STATE] with its principal place of business at [ADDRESS] and transacts business in the District of Columbia. Service of process may be made upon [REGISTERED AGENT NAME & ADDRESS].

4. JURISDICTION & VENUE

6. This Court has subject-matter jurisdiction under D.C. Code § 11-921 and personal jurisdiction under D.C. Code § 13-423 because Defendant [conducts business/committed the tortious acts] in the District of Columbia.
7. Venue is proper in this Court pursuant to D.C. Code § 13-422 because the causes of action arose in the District of Columbia and Defendant resides or maintains its principal place of business herein.

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 have suffered pecuniary losses, including but not limited to loss of financial support and the value of household services, care, education, training, guidance, and personal advice.

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; under D.C. Code § 16-2703, any damages recovered inure to the benefit of the Decedent's family and are not subject to the debts or liabilities of the Decedent (except amounts 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 resulting from Defendant's wrongful act, neglect, or default, and shall be distributed among the Statutory Beneficiaries as allocated by the verdict or, absent an allocation, under D.C. Code § 16-2703. Recoverable pecuniary damages include:
    a. Pecuniary losses (earnings, services, maintenance, support);
    b. Loss of care, education, training, personal advice, and guidance;
    c. Reasonable expenses of last illness and burial; and
    d. Any other pecuniary damages allowed by law. The District of Columbia imposes no statutory cap on compensatory wrongful-death damages; however, damages recoverable by the Statutory Beneficiaries under D.C. Code § 16-2701 are limited to pecuniary losses and do not include damages for grief, mental anguish, or emotional distress of the Statutory Beneficiaries.

18. Plaintiff demands judgment against Defendant, jointly and severally if more than one Defendant, for all such damages, plus pre- and post-judgment 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 all damages recoverable under the Survival Statute, including but not limited to:
    a. Pre-death pain and suffering;
    b. Medical, hospital, and related expenses;
    c. Lost earnings between injury and death; and
    d. Punitive damages for willful, wanton, or reckless conduct, if proven at trial.

8. DAMAGES

24. The total amount in controversy exceeds this Court’s jurisdictional minimum.
25. 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;
    • Punitive damages where supported by the evidence;
    • Pre- and post-judgment interest;
    • Costs of suit; and
    • Any ancillary equitable relief the Court deems just and proper.

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. Punitive damages as permitted by law;
D. Pre-judgment interest from the date of harm and post-judgment interest thereafter;
E. Reasonable costs and any other relief the Court deems just and proper.

10. JURY DEMAND

Pursuant to Rule 38 of the Superior Court Rules of Civil Procedure and the Seventh Amendment to the United States Constitution, Plaintiff demands trial by jury on all issues so triable.

11. CONDITIONS PRECEDENT & RESERVATION OF RIGHTS

26. All conditions precedent to the filing of this action have been performed, have occurred, or have been waived.
27. Plaintiff reserves the right to amend this Complaint to assert additional claims, name additional parties, or conform to the evidence as justice requires.

12. 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: ____________

13. CERTIFICATE OF SERVICE

I hereby certify that on this ___ day of __________, 20__, a copy of the foregoing Complaint was served via [method] upon:

[DEFENSE COUNSEL OR REGISTERED AGENT NAME & ADDRESS]

____________________________________
[ATTORNEY NAME] (Bar No. ☐)
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Plaintiff

ADDITIONAL PRACTICE NOTES