Wrongful Death Complaint - Florida

WRONGFUL DEATH COMPLAINT

Florida Wrongful Death Act – Fla. Stat. §§ 768.16–768.26

TABLE OF CONTENTS

1. Caption & Parties Identification
2. Jurisdiction, Venue & Conditions Precedent
3. Definitions
4. General Allegations
5. Count I – Wrongful Death (Negligence)
6. Damages Allegations
7. Demand for Jury Trial
8. Prayer for Relief
9. Verification
10. Certificate of Service

1. CAPTION & PARTIES IDENTIFICATION

IN THE CIRCUIT COURT OF THE [___] JUDICIAL CIRCUIT
IN AND FOR [___] COUNTY, FLORIDA

CIVIL DIVISION

Case No.: [___]

COMPLAINT FOR WRONGFUL DEATH AND DEMAND FOR JURY TRIAL

2. JURISDICTION, VENUE & CONDITIONS PRECEDENT

2.1 This action is brought pursuant to the Florida Wrongful Death Act, Fla. Stat. §§ 768.16–768.26 (the “Act”).

2.2 Plaintiff [NAME] (“Personal Representative”) was duly appointed by the [County] Probate Court in Case No. [___] and is authorized to prosecute this action on behalf of the Estate of [Decedent] (“Estate”) and all statutory “Survivors” as defined in Fla. Stat. § 768.18(1).

2.3 Defendant [Defendant] is a [corporation/individual/etc.] organized under the laws of [State], with its principal place of business at [Address], and is subject to the personal jurisdiction of this Court under Fla. Stat. § 48.193.

2.4 The causes of action accrued in [County] County, Florida; therefore, venue is proper in this Court under Fla. Stat. § 47.011.

2.5 All conditions precedent to filing this action have been satisfied, performed, or excused.

3. DEFINITIONS

For clarity and consistency, the following capitalized terms have the meanings set forth below:

“Act” means the Florida Wrongful Death Act, Fla. Stat. §§ 768.16–768.26.

“Beneficiaries” or “Survivors” means the individuals described in Fla. Stat. § 768.18(1) who are entitled to recover damages under the Act, specifically:
 a. [Surviving Spouse Name], spouse;
 b. [Child(ren) Name(s) & Age(s)], child/children;
 c. [Parent(s) Name(s)], parent(s);
 d. [Other Dependents, if any].

“Decedent” means [Decedent Full Legal Name], who died on [Date of Death].

“Estate” means the probate estate of Decedent, administered in [County] County, Florida, Case No. [___].

4. GENERAL ALLEGATIONS

4.1 On [Date of Incident], at approximately [Time], Decedent was [brief factual setting—e.g., operating a motor vehicle on I-95 near mile marker ___].

4.2 At that place and time, Defendant owed Decedent a duty to exercise reasonable care [or specify statutory/regulatory duties].

4.3 Defendant breached that duty by [specific negligent acts or omissions].

4.4 As a direct and proximate result of Defendant’s breach, Decedent sustained injuries that resulted in Decedent’s death on [Date of Death].

4.5 Had Decedent survived, Decedent would have been entitled to maintain an action and recover damages from Defendant for such injuries. Fla. Stat. § 768.19.

4.6 Consequently, under Fla. Stat. § 768.20, this action is maintained by the Personal Representative for the benefit of the Estate and the Survivors.

5. COUNT I – WRONGFUL DEATH (NEGLIGENCE)

5.1 Plaintiff realleges and incorporates ¶¶ 2.1–4.6 as if fully set forth herein.

5.2 Defendant owed Decedent and the public a duty to exercise reasonable care [identify source of duty—common law, statute, regulation, etc.].

5.3 Defendant breached that duty by:
 a. [Specific Act/Omission #1];
 b. [Specific Act/Omission #2]; and
 c. [“Respondeat Superior” or “Vicarious Liability” allegations, if applicable].

5.4 Defendant’s breach was the legal and proximate cause of Decedent’s death.

5.5 Modified Comparative Negligence (HB 837). Pursuant to Fla. Stat. § 768.81, as amended by HB 837 (effective March 24, 2023), Florida applies a modified comparative negligence standard with a 51% bar. Decedent's fault, if any, was less than or equal to 50% of the total fault contributing to the incident, and therefore recovery is not barred. ☐ If medical malpractice: check here — the 51% bar does NOT apply to actions arising out of medical negligence; pure comparative negligence still governs per Fla. Stat. § 768.81(6).

5.6 Under Fla. Stat. § 768.21, each Survivor seeks only the categories applicable to that Survivor, including:
 a. Lost support and services under subsection (1);
 b. A surviving spouse's companionship, protection, and mental pain and suffering under subsection (2);
 c. Children's companionship, instruction, guidance, and mental pain and suffering only when subsection (3) and, for medical-negligence claims, subsection (8) permit them;
 d. Parents' mental pain and suffering only when subsection (4) and, for medical-negligence claims, subsection (8) permit it; and
 e. Medical and funeral expenses paid by a Survivor under subsection (5).

5.7 The Estate is entitled to damages pursuant to Fla. Stat. § 768.21(6), including:
 a. Loss of earnings of Decedent from the date of injury to death;
 b. Medical and funeral expenses paid by or on behalf of the Estate;
 c. Net accumulations of Decedent, when applicable.

WHEREFORE, Plaintiff, as Personal Representative of the Estate of [Decedent], demands judgment against Defendant for all statutory damages, taxable costs, prejudgment interest as allowed by law, and such other relief as the Court deems just and proper.

6. DAMAGES ALLEGATIONS

6.1 A good-faith estimate of each claimant-specific category recoverable under the Act is as follows:
 a. Past support and services: [$________]
 b. Future support and services (present value): [$________]
 c. Loss of companionship/protection: [$________]
 d. Mental pain and suffering: [$________]
 e. Medical expenses: [$________]
 f. Funeral expenses: [$________]
 g. Loss of earnings & net accumulations: [$________]

7. DEMAND FOR JURY TRIAL

Plaintiff hereby demands trial by jury on all issues so triable as of right under Article I, § 22 of the Florida Constitution and Fla. R. Civ. P. 1.430.

8. PRAYER FOR RELIEF

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

A. Economic and non-economic damages to each Survivor pursuant to Fla. Stat. § 768.21;
B. Damages recoverable by the Estate under Fla. Stat. § 768.21(6);
C. [If applicable] Punitive damages in accordance with Fla. Stat. § 768.72;
D. Pre- and post-judgment interest;
E. Taxable costs of this action; and
F. Such further relief as the Court deems just and proper.

9. VERIFICATION

I, [NAME OF PERSONAL REPRESENTATIVE], Personal Representative of the Estate of [Decedent], declare under penalty of perjury under the laws of the State of Florida that I have read the foregoing Complaint and that the facts stated in it are true and correct to the best of my knowledge and belief.

Date: [___]

__________________________________
[NAME], Personal Representative

State of Florida
County of [___]

Sworn to (or affirmed) and subscribed before me this [___] day of [Month], [Year], by [Name], who is personally known to me or who has produced [Type of ID] as identification.

__________________________________
Notary Public, State of Florida
Commission No.: [___]
My Commission Expires: [___]

10. CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was served in compliance with Fla. R. Gen. Prac. & Jud. Admin. 2.516 on [Date] to:

• [Counsel for Defendant – Name, E-mail]
• [Additional Recipients]

__________________________________
[ATTORNEY NAME], Esquire
Florida Bar No. [___]
[Law Firm Name]
[Address]
Telephone: [(___) ___-____]
E-Mail: [primary]
Secondary: [secondary]
Counsel for Plaintiff