Wrongful Death Complaint - Delaware

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

IN AND FOR [COUNTY] COUNTY

C.A. No.: [____________]

JURY TRIAL DEMANDED

COMPLAINT FOR WRONGFUL DEATH AND SURVIVAL DAMAGES

Plaintiff [NAME] alleges against Defendant as follows:

1. PARTIES AND BENEFICIARIES

1. Plaintiff is Decedent's [SPOUSE / PARENT / CHILD / SIBLING / OTHER QUALIFYING RELATIVE] and resides at [ADDRESS]. Plaintiff brings the wrongful-death claim for the benefit of all persons eligible under 10 Del. C. § 3724(a), or, only if none qualify under subsection (a), those eligible under subsection (b).

2. Decedent [NAME] died on [DATE]. The known persons within the applicable beneficiary class are [NAMES AND RELATIONSHIPS; IDENTIFY ANY PERSONS WHO STOOD IN LOCO PARENTIS IF MENTAL-ANGUISH DAMAGES ARE CLAIMED].

3. [FOR COUNT II ONLY:] Plaintiff was appointed [EXECUTOR / ADMINISTRATOR] of Decedent's estate by [APPOINTING AUTHORITY] on [DATE]; estate file number [NUMBER].

4. Defendant [NAME AND ENTITY FORM, IF ANY] resides or has its principal place of business at [ADDRESS] and engaged in the conduct described below.

2. JURISDICTION, COUNTY, AND TIMELINESS

5. This action seeks damages for alleged common-law torts and is within the Superior Court's civil jurisdiction under Del. Const. art. IV, § 7 and 10 Del. C. § 541.

6. This Court has personal jurisdiction over Defendant because [DELAWARE DOMICILE / SPECIFIC FACTS SHOWING DEFENDANT'S IN-STATE ACT CAUSED IN-STATE TORTIOUS INJURY UNDER 10 DEL. C. § 3104(c)(3) / OTHER VERIFIED BASIS].

7. The alleged conduct occurred in [COUNTY] County. [IDENTIFY DEFENDANT'S COUNTY OF RESIDENCE AND THE AUTHORITY SUPPORTING FILING IN THIS COUNTY.]

8. The wrongful-death claim is timely under 10 Del. C. § 8107 because the cause accrued on [DATE AND BASIS FOR ACCRUAL] and this action was commenced within two years of accrual. [SEPARATELY ASSESS TIMELINESS OF THE ESTATE'S SURVIVAL CLAIM.]

3. FACTUAL ALLEGATIONS

9. On [DATE] at [LOCATION], Defendant [DESCRIBE SPECIFIC ACT OR OMISSION].

10. Defendant owed Decedent a duty of reasonable care arising from [STATE FACTS AND APPLICABLE SOURCE OF DUTY] and breached it by [SPECIFIC CONDUCT].

11. Defendant's conduct directly and proximately caused [INJURY], and Decedent died on [DATE] as a result.

12. The beneficiaries suffered [DESCRIBE SUPPORT, SERVICE, OR OTHER LOSS CAUSED BY DEATH]. [IF SUPPORTED, DESCRIBE THE FACTS SHOWING THE PARTICULAR CLAIMANT'S QUALIFICATION FOR MENTAL-ANGUISH DAMAGES UNDER § 3724(d)(5).]

4. COUNT I — WRONGFUL DEATH

13. Plaintiff incorporates paragraphs 1 through 12.

14. Defendant's alleged conduct was a wrongful act that caused Decedent's death within 10 Del. C. §§ 3721(5) and 3722(a). [CONFIRM THAT NO OTHER WRONGFUL-DEATH ACTION FOR THIS DEATH IS PENDING; § 3724(e) PERMITS ONLY ONE.]

15. Under § 3724(c)-(d), Plaintiff requests an award to the eligible beneficiaries proportioned to the injury from the death, with beneficiary shares directed by the verdict. Proven damages may include:

• Lost expected pecuniary benefits and contributions for support under § 3724(d)(1)-(2);
• Lost parental, marital, and household services, including reasonable care costs for minor children, under § 3724(d)(3);
• Reasonable funeral expenses within the § 3724(d)(4) limit of $7,000 or the amount designated in 29 Del. C. § 5546(a), whichever is greater; and
• Mental anguish only for a claimant who meets the relationships and priority conditions of § 3724(d)(5).

16. [INCLUDE ONLY IF FACTS SUPPORT IT:] Defendant [PLEAD FACTS SHOWING MALICIOUS INTENT OR RECKLESS, WILLFUL, OR WANTON MISCONDUCT CAUSING DEATH]. Plaintiff requests punitive damages under § 3724(d)(6), with a separate trier-of-fact finding and amount for that category.

5. COUNT II — SURVIVAL CLAIM OF DECEDENT'S ESTATE

17. Plaintiff incorporates paragraphs 1 through 12 and brings this count only as Decedent's duly appointed [EXECUTOR / ADMINISTRATOR].

18. Before death, Decedent possessed a claim against Defendant arising from [FACTS]. That claim survives to the estate under 10 Del. C. § 3701, subject to its listed exceptions.

19. The estate requests only damages Decedent could have recovered on that surviving claim, supported by evidence, including [CONSCIOUS PREDEATH PAIN AND SUFFERING / PREDEATH MEDICAL EXPENSES / LOST EARNINGS BEFORE DEATH / OTHER PROVEN LOSSES]. [IF THIS CLAIM ARISES FROM A MOTOR-VEHICLE ACCIDENT, DETERMINE WHETHER § 2118(h) APPLIES AND OMIT COVERED DAMAGES FROM THE TORT PLEADING WHETHER OR NOT BENEFITS WERE ACTUALLY RECOVERED.]

6. PRAYER FOR RELIEF

WHEREFORE, Plaintiff requests judgment against Defendant as follows:

1. Compensatory damages under Count I, divided among eligible beneficiaries as directed by the verdict;
2. [IF COUNT II IS INCLUDED:] Estate damages proven on the surviving claim, without duplicate recovery;
3. [IF PARAGRAPH 16 IS FACTUALLY SUPPORTED:] Punitive damages under § 3724(d)(6), separately found and stated;
4. Prejudgment interest under 6 Del. C. § 2301(d) only if, before trial, Plaintiff made a written settlement demand to Defendant valid for at least 30 days and below the damages awarded; and postjudgment interest as permitted by law;
5. Costs of suit as awarded by the Court under 10 Del. C. § 5101; and
6. Such other relief as the Court finds proper under applicable law.

7. JURY DEMAND

Under Del. Const. art. I, § 4 and Del. Super. Ct. Civ. R. 38, Plaintiff demands trial by jury on all issues so triable.

8. SIGNATURE AND RULE 11 CERTIFICATION

By signing and filing this pleading, counsel makes the representations required by Del. Super. Ct. Civ. R. 11(b) after an inquiry reasonable under the circumstances.

Respectfully submitted,

[________________________________]

[ATTORNEY NAME] (Bar I.D. No. [____])

[LAW FIRM NAME]

[ADDRESS] | [CITY, DE ZIP]

Telephone: [(___) ___-____] | Email: [____________]

Attorney for Plaintiff

Dated: [__/__/____]

SOURCES AND REFERENCES

• 10 Del. C. §§ 3721–3725 (wrongful death): https://delcode.delaware.gov/title10/c037/sc02/index.html
• 10 Del. C. §§ 3701, 3704 (survival and pending personal-injury actions): https://delcode.delaware.gov/title10/c037/sc01/index.html
• 10 Del. C. § 8107 (wrongful-death limitations): https://delcode.delaware.gov/title10/c081/index.html
• 29 Del. C. § 5546(a) (burial-benefit figure cross-referenced in § 3724(d)(4)): https://delcode.delaware.gov/title29/c055/sc03/index.html
• Del. Const. art. IV, § 7; art. I, § 4: https://delcode.delaware.gov/constitution/constitution.html
• Del. Super. Ct. Civ. R. 3, 8, 11, 38: https://courts.delaware.gov/forms/download.aspx?id=304488

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Delaware must review and customize it before filing.