WRONGFUL DEATH COMPLAINT

State of Delaware – Superior Court

(Comprehensive Litigation Template – For Attorney Use)

[// GUIDANCE: This template is drafted to comply with the Delaware Wrongful Death Act, 10 Del. C. §§ 3721–3725, the Delaware Survival Statute, 10 Del. C. § 3701, and the Delaware Superior Court Civil Rules. It assumes filing in the Superior Court of the State of Delaware (preferred trial court for tort matters). Customize all bracketed items before filing. Remove all GUIDANCE comments prior to service or court submission.]

CAPTION

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
[__] COUNTY

[PLAINTIFF FULL LEGAL NAME], )
Individually and as [Personal Representative/ )
Administrator/Executor] of the Estate of )
[DECEDENT FULL LEGAL NAME], Deceased, )
)
Plaintiff, )
) C.A. No. _____
v. )
)
[DEFENDANT FULL LEGAL NAME], a [State of )
Incorporation] [Corporation/LLC/Individual/Other], )
)
Defendant. )

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)
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 [Surrogate/Orphans’ Court/Delaware Register of Wills] 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.

[// GUIDANCE: Add additional party paragraphs as necessary for multiple defendants, including fictitious “John Doe” defendants if appropriate under Del. Super. Ct. Civ. R. 9(h).]

3. JURISDICTION AND VENUE

3.1 This Court has subject-matter jurisdiction pursuant to 10 Del. C. § 301 and 10 Del. C. § 342 because the amount in controversy exceeds the lower court jurisdictional limits, and the claims arise under Delaware’s Wrongful Death and Survival statutes.

3.2 This Court has personal jurisdiction over Defendant under 10 Del. C. §§ 3104(c)(1)–(4) because Defendant [conducts business/committed tortious acts] in Delaware.

3.3 Venue is proper in [__] County pursuant to 10 Del. C. § § 3105 & 5422 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:
“Decedent” – [DECEDENT FULL NAME], deceased on [Date of Death].
“Estate” – The probate estate of Decedent, Estate File No. [__], pending before the [Register of Wills].
“Eligible Beneficiaries” – The class of persons enumerated in 10 Del. C. § 3724(a) who may recover damages for wrongful death.
“Wrongful Acts” – The negligent, reckless, willful, or otherwise actionable conduct of Defendant described herein.

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.

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 cause of action exists against Defendant whose wrongful act caused Decedent’s death.

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

6.4 Pursuant to 10 Del. C. § 3724(b), Plaintiff seeks recovery of:
    a. Loss of support and future earning capacity;
    b. Reasonable funeral and burial expenses;
    c. Mental anguish and emotional distress;
    d. Loss of household services, society, companionship, guidance, and consortium; and
    e. Such other damages as are just under the circumstances and permitted by law, subject to any applicable statutory limitations.

6.5 Defendant’s conduct was willful, wanton, or in reckless disregard of Decedent’s safety, entitling Plaintiff to punitive damages where allowable.

7. COUNT II – SURVIVAL ACTION

(10 Del. C. § 3701)

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.

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;
    b. Punitive damages (where legally supported);
    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.

[// GUIDANCE: Delaware does not impose a numeric cap on wrongful-death damages, but confirm whether any statutory or insurance-policy limits apply in the specific case.]

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 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

[// GUIDANCE: Delaware practice generally requires verification for probate-related pleadings; include where appropriate.]

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

[// GUIDANCE:
1. Service of Process – Verify Delaware requirements under Del. Super. Ct. Civ. R. 4, including use of the Delaware Secretary of State for non-resident corporate defendants if applicable.
2. Optional ADR – Delaware Superior Court Rule 16.1 provides for mediation; consider early neutrality evaluation if beneficial.
3. Injunctive Relief – Limited injunctive relief is rarely sought in wrongful death actions; omit unless specific equitable relief is required.
4. Statute of Limitations – Under 10 Del. C. § 8107, the wrongful-death claim must be filed within two (2) years of death. Confirm timeliness.
5. Survival Claim Limitations – Survival actions generally share the limitations period applicable to the underlying tort; confirm applicable period.
6. Multiple Beneficiaries – If more than one Eligible Beneficiary exists, list all beneficiaries or bring suit in the name of “all next of kin.”
7. Remove any bracketed placeholders and guidance notes before filing.
]