Wrongful Death Complaint

WRONGFUL DEATH COMPLAINT

State of Delaware – Superior Court

(Comprehensive Litigation Template – For Attorney Use)

CAPTION

JURY TRIAL DEMANDED

TABLE OF CONTENTS

1. Preliminary Statement
2. Parties
3. Jurisdiction and Venue
4. Definitions
5. Factual Allegations
6. Count I – Wrongful Death (10 Del. C. §§ 3721–3725)
7. Count II – Survival Action (10 Del. C. §§ 3701, 3704)
8. Damages Sought
9. Prayer for Relief
10. Jury Demand
11. Certification of Counsel (Del. Super. Ct. Civ. R. 11)
12. Verification of Personal Representative
13. Reservation of Rights

1. PRELIMINARY STATEMENT

1.1 This civil action seeks redress for the wrongful death of [DECEDENT FULL NAME] ("Decedent") arising from Defendant's wrongful acts, neglect, or default.
1.2 Plaintiff brings this action both:
    a. Individually, as an Eligible Beneficiary under 10 Del. C. § 3724(a); and
    b. In a representative capacity, on behalf of the Decedent's Estate pursuant to 10 Del. C. § 3701.

2. PARTIES

2.1 Plaintiff: [PLAINTIFF NAME], an adult resident of [County, Delaware/Other State], is the [relationship—e.g., spouse/child/parent] of Decedent and was duly appointed [Personal Representative/Administrator/Executor] of the Estate of [DECEDENT] by the [Delaware Register of Wills] for [County] County on [Date of Appointment].

2.2 Defendant: [DEFENDANT NAME] is a [corporation / individual / other], organized under the laws of [State] with its principal place of business at [Address]. At all relevant times, Defendant conducted substantial, continuous, and systematic business activities within the State of Delaware.

3. JURISDICTION AND VENUE

3.1 This is the Delaware Superior Court, the state's trial court of general jurisdiction over civil actions at law. This Court has subject-matter jurisdiction over this wrongful death and survival action pursuant to 10 Del. C. § 541 ("The Superior Court shall have such jurisdiction as the Constitution and laws of this State confer upon it"), because the claims arise under Delaware's wrongful death and survival statutes, 10 Del. C. §§ 3721–3725 and 3701, 3704, and Delaware has no separate probate or civil-tort court for actions of this kind.

3.2 This Court has personal jurisdiction over Defendant under 10 Del. C. § 3104(c)(1)–(4) because Defendant [transacts business / contracts to supply services or things / caused tortious injury] in Delaware.

3.3 Venue is proper in [___] County. Delaware has no general venue statute for Superior Court civil actions; venue among New Castle, Kent, and Sussex Counties rests on Plaintiff's forum choice, subject to discretionary transfer for convenience, and is appropriate here because [specific venue facts, e.g., the wrongful act occurred in this county, Defendant resides/does business here].

4. DEFINITIONS

For purposes of this Complaint, and as defined in 10 Del. C. § 3721:
"Decedent" – [DECEDENT FULL NAME], deceased on [Date of Death].
"Estate" – The estate of Decedent, Estate File No. [___], opened before the [Delaware Register of Wills].
"Child" – includes any natural born child or adopted child.
"Parent" – includes the mother and father or adopted mother and father of a deceased child.
"Sibling" – means brothers and sisters of the whole and half blood or by order of adoption.
"Eligible Beneficiaries" – The class of persons enumerated in 10 Del. C. § 3724(a)-(b) who may recover damages for wrongful death: the spouse, parent, child, and siblings of the Decedent, or, if none survive, any person related to Decedent by blood or marriage.
"Wrongful Act" – as defined in 10 Del. C. § 3721(5), an act, neglect, or default, including a felonious act, which would have entitled the party injured to maintain an action and recover damages if death had not ensued.

5. FACTUAL ALLEGATIONS

5.1 On [Date], at approximately [Time], Defendant [brief description of conduct—e.g., operated a motor vehicle while distracted] on [Road/Location] in [City, DE].

5.2 As a direct and proximate result of Defendant's Wrongful Acts, Decedent sustained [describe injuries], leading to death on [Date of Death].

5.3 At all times relevant, Defendant owed Decedent a duty of reasonable care [or statutory/regulatory duty—specify], which Defendant breached by [specific acts/omissions].

5.4 Plaintiff, as [relationship], has suffered pecuniary and non-pecuniary losses, including grief, mental anguish, loss of companionship, and loss of Decedent's services and support.

5.5 All conditions precedent to the maintenance of this action have been satisfied, waived, or are otherwise excused. Only one action may be maintained for Decedent's wrongful death, 10 Del. C. § 3724(e).

6. COUNT I – WRONGFUL DEATH

(10 Del. C. §§ 3721–3725)

6.1 Plaintiff realleges and incorporates Paragraphs 1–5 as though fully set forth herein.

6.2 Under 10 Del. C. § 3722(a), an action may be maintained against a person whose wrongful act causes the death of another.

6.3 Plaintiff, as [relationship], qualifies as an "Eligible Beneficiary" per 10 Del. C. § 3724(a).

6.4 Pursuant to 10 Del. C. § 3724(c)-(d), Plaintiff seeks recovery of:
    a. Deprivation of the expectation of pecuniary benefits and loss of contributions for support;
    b. Reasonable funeral expenses not to exceed $7,000, or the amount designated in 29 Del. C. § 5546(a), whichever is greater;
    c. Mental anguish and emotional distress, to the extent Plaintiff falls within the priority class entitled to claim it under 10 Del. C. § 3724(d)(5);
    d. Loss of parental, marital, and household services, including the reasonable cost of providing for the care of minor children; and
    e. Such other damages as are just under the circumstances and permitted by 10 Del. C. § 3724(d).

6.5 Under 10 Del. C. § 3724(d)(6), punitive damages may be awarded only if it is found that the death was maliciously intended or was the result of reckless, willful, or wanton misconduct by Defendant, and only if separately awarded by the trier of fact in a separate finding stating the amounts awarded for each category of damages.

7. COUNT II – SURVIVAL ACTION

(10 Del. C. §§ 3701, 3704)

7.1 Plaintiff realleges and incorporates Paragraphs 1–6 as though fully set forth herein.

7.2 Any causes of action that Decedent possessed at the time of death survive to Decedent's Estate by operation of 10 Del. C. § 3701. Under 10 Del. C. § 3704, an action for injuries to the person by negligence or default does not abate by reason of the death of the injured party, and the personal representative may be substituted as plaintiff and prosecute the suit to final judgment.

7.3 The Estate is entitled to recover:
    a. Decedent's conscious pain and suffering;
    b. Pre-death medical expenses;
    c. Lost wages from injury until death; and
    d. Any other damages Decedent could have recovered had death not ensued.

8. DAMAGES SOUGHT

8.1 Plaintiff demands judgment jointly and severally against Defendant for an amount in excess of the jurisdictional threshold and to be determined by a fair and impartial jury, including:
    a. Compensatory damages specified in Counts I and II — Delaware imposes no general statutory cap on compensatory wrongful death or survival damages; the only fixed figure in the statute is the funeral-expense element of § 3724(d)(4);
    b. Punitive damages (where legally supported under 10 Del. C. § 3724(d)(6));
    c. Pre- and post-judgment interest as allowed by law;
    d. Costs of suit; and
    e. Such further relief as the Court deems just and proper.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in Plaintiff's favor and against Defendant as set forth in Section 8 above, together with such other and further relief the Court deems equitable and just.

10. JURY DEMAND

Pursuant to Article I, § 4 of the Delaware Constitution ("Trial by jury shall be as heretofore") and Del. Super. Ct. Civ. R. 38, Plaintiff demands a trial by jury on all issues so triable.

11. CERTIFICATION OF COUNSEL

I hereby certify, pursuant to Del. Super. Ct. Civ. R. 11, that to the best of my knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, this pleading is not being presented for any improper purpose, the claims are warranted by existing law or a non-frivolous argument for the extension, modification, or reversal of existing law, and the factual contentions have evidentiary support.

Dated: [DATE]

/s/ _____________________________________
[ATTORNEY NAME] (#Bar ID)
[LAW FIRM NAME]
[Address]
[Phone] | [Email]
Counsel for Plaintiff

12. VERIFICATION OF PERSONAL REPRESENTATIVE

STATE OF __________ )
                             ) SS:
COUNTY OF __________ )

I, [PLAINTIFF NAME], being duly sworn according to law, depose and say:

1. I am the Plaintiff in the foregoing Complaint and the [Personal Representative] of the Estate of [DECEDENT NAME].
2. I have read the Complaint and verify that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

____________________________________
[PLAINTIFF NAME]

Sworn to and subscribed before me
this ___ day of __________, 20___.

____________________________________
Notary Public
My Commission Expires: __________

13. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint to assert additional claims, join additional parties, or seek additional relief as may be warranted by the facts and applicable law.

END OF COMPLAINT

Sources and References

• 10 Del. C. §§ 3721–3725 (Wrongful Death Actions): https://delcode.delaware.gov/title10/c037/sc02/index.html
• 10 Del. C. §§ 3701–3708 (Survival of Actions): https://delcode.delaware.gov/title10/c037/sc01/index.html
• 10 Del. C. § 8107 (Personal Actions — limitations): https://delcode.delaware.gov/title10/c081/index.html
• 10 Del. C. § 541 (Superior Court general jurisdiction): https://delcode.delaware.gov/title10/c005/sc03/index.html
• 10 Del. C. § 3104 (Personal jurisdiction by acts of nonresidents): https://delcode.delaware.gov/title10/c031/index.html
• 29 Del. C. § 5546 (Burial benefits, State Employees' Pension Plan): https://delcode.delaware.gov/title29/c055/index.html
• Delaware Constitution, Article I, § 4: https://delcode.delaware.gov/constitution/constitution-02.html
• Delaware Superior Court Civil Rules 11 and 38: https://courts.delaware.gov/rules/