Wrongful Death Complaint - Hawaii

[DRAFT] WRONGFUL DEATH COMPLAINT

Hawaiʻi Circuit Court

1. CAPTION & DOCUMENT IDENTIFICATION

IN THE CIRCUIT COURT OF THE [NUMBER] CIRCUIT

STATE OF HAWAIʻI

CIVIL NO. [________________________________]

COMPLAINT (WRONGFUL DEATH; SURVIVAL ACTION); SUMMONS TO ISSUE; DEMAND FOR JURY TRIAL; CERTIFICATE OF SERVICE

TABLE OF CONTENTS

1. Caption & Document Identification
2. Jurisdiction and Venue
3. Parties
4. Factual Allegations

5. Causes of Action
   5.1 Count I – Wrongful Death (HRS § 663-3)
   5.2 Count II – Survival Action (HRS § 663-7)

6. Prayer for Relief

7. Demand for Jury Trial
8. Verification / Declaration
9. Exhibits (if any)

COMPLAINT

Plaintiff, by and through undersigned counsel, alleges upon knowledge, information, and belief as follows:

2. JURISDICTION AND VENUE

2.1 This Court has subject-matter jurisdiction under Haw. Const. art. VI, § 1 and Haw. Rev. Stat. § 603-21.5(a)(3), because this is a civil action seeking damages in excess of the district court's jurisdictional limit under Haw. Rev. Stat. § 604-5(a).

2.2 Venue is proper in this Circuit pursuant to Haw. Rev. Stat. § 603-36(5) because the claim for relief arose in this Circuit and/or Defendant(s) is/are domiciled in this Circuit.

2.3 All statutory prerequisites to suit have been satisfied or are inapplicable.

3. PARTIES

3.1 Plaintiff [FULL NAME] ("Plaintiff") is the duly appointed Personal Representative of the Estate of [DECEDENT NAME] ("Decedent"), having been issued Letters Testamentary/Letters of Administration by the [CIRCUIT] Court, Probate Division, on [DATE]. Plaintiff brings this action in a representative capacity pursuant to Haw. Rev. Stat. §§ 663-3 and 663-7, and Hawaii Rules of Civil Procedure (HRCP) Rule 17.

3.2 Decedent was, at all relevant times, a resident of the State of Hawaiʻi.

3.3 Defendant [DEFENDANT NAME] is a [corporation/individual/other entity] organized under the laws of [STATE] with its principal place of business at [ADDRESS] and transacting business in Hawaiʻi. Defendant may be served with process pursuant to HRCP Rule 4 at [service address/registered agent].

3.4 At all times material hereto, Defendant's agents, servants, and employees were acting within the course and scope of their employment and/or agency, rendering Defendant vicariously liable.

Eligible Beneficiaries

3.5 Pursuant to Haw. Rev. Stat. § 663-3(b), the following persons are the surviving spouse, reciprocal beneficiary, children, parents, and/or dependents entitled to recovery in this action:
a. [SPOUSE/RECIPROCAL BENEFICIARY NAME] – surviving spouse/reciprocal beneficiary;
b. [CHILD(REN) NAME(S)] – surviving child(ren);
c. [PARENT NAME(S), if applicable];
d. [OTHER PERSON WHOLLY OR PARTLY DEPENDENT ON DECEDENT, if any]; and
e. The Estate of the Decedent (as to reasonable expenses of last illness and burial only, per § 663-3(a)).

4. FACTUAL ALLEGATIONS

4.1 On or about [DATE], at approximately [TIME], Decedent was located at [LOCATION], when Defendant, through negligence and/or wrongdoing, caused severe bodily injuries to Decedent.

4.2 As a direct and proximate result of Defendant's acts and omissions, Decedent died on [DATE OF DEATH].

4.3 Defendant owed Decedent a duty of reasonable care, including but not limited to [SPECIFIC DUTIES – e.g., to operate a motor vehicle in accordance with Hawaiʻi traffic laws].

4.4 Defendant breached said duty by, inter alia, [SPECIFY ACTS/OMISSIONS].

4.5 Defendant's breach was the factual and legal (proximate) cause of Decedent's injuries and death.

4.6 All conditions precedent to bringing this action have been performed, waived, or excused.

5. CAUSES OF ACTION

5.1 COUNT I – WRONGFUL DEATH (Haw. Rev. Stat. § 663-3)

5.1.1 Plaintiff realleges and incorporates Paragraphs 1 through 4.6 as though fully set forth herein.

5.1.2 Under Haw. Rev. Stat. § 663-3(a), when the death of a person is caused by the wrongful act, neglect, or default of any person, the deceased's legal representative, or any of the persons enumerated in subsection (b), may maintain an action against the person causing the death or the person responsible for the death.

5.1.3 Defendant's negligence constitutes a "wrongful act" within the meaning of the statute.

5.1.4 Recoverable Damages. Pursuant to Haw. Rev. Stat. § 663-3(b), the persons enumerated in Paragraph 3.5 are entitled to fair and just compensation with reference to the pecuniary injury and loss of love and affection, including:
a. Loss of society, companionship, comfort, consortium, or protection;
b. Loss of marital care, attention, advice, or counsel;
c. Loss of care, attention, advice, or counsel of a reciprocal beneficiary as defined in Haw. Rev. Stat. chapter 572C;
d. Loss of filial care or attention;
e. Loss of parental care, training, guidance, or education; and
f. Reasonable expenses of Decedent's last illness and burial, recoverable by the Estate.

5.1.5

5.1.6 Plaintiff seeks all damages allocable under § 663-3(b), plus prejudgment interest as allowed by Haw. Rev. Stat. § 636-16 and court costs.

5.2 COUNT II – SURVIVAL ACTION (Haw. Rev. Stat. § 663-7)

5.2.1 Plaintiff realleges and incorporates Paragraphs 1 through 4.6 as though fully set forth herein.

5.2.2 Haw. Rev. Stat. § 663-7 provides that a cause of action arising out of a wrongful act, neglect, or default (other than defamation or malicious prosecution) is not extinguished by the death of the injured person, and survives in favor of the Decedent's legal representative; damages recovered form part of the Estate.

5.2.3 Prior to death, Decedent sustained conscious pain, suffering, and mental anguish directly attributable to Defendant's negligence.

5.2.4 The Estate is entitled to recover:
a. Decedent's pre-death medical expenses;
b. Conscious pain and suffering, subject to Haw. Rev. Stat. § 663-8.7;
c. Lost earnings and loss/impairment of earning capacity between injury and death; and
d. Loss of enjoyment of life and other noneconomic damages as defined in Haw. Rev. Stat. § 663-8.5, to the extent Decedent would have been entitled to such damages had Decedent survived.

5.2.5 Punitive Damages. Because a decedent's claim for punitive damages survives death under Haw. Rev. Stat. § 663-7, the Estate may seek punitive damages in this Count where the pre-death conduct giving rise to Decedent's cause of action independently supports such an award. To recover punitive damages, Plaintiff must establish recoverable tort liability and prove, by clear and convincing evidence, that Defendant (i) intended to harm Decedent or others, (ii) recklessly disregarded a substantial risk of harm to Decedent or others, or (iii) otherwise acted in an outrageous or malicious manner — the standard adopted by the Hawaiʻi Supreme Court in Guieb v. Guieb, 571 P.3d 382 (Haw. 2025), from the Restatement (Third) of Torts: Remedies § 39 (Tentative Draft No. 3, 2024), which also adopted the Restatement (Third) of Torts: Liability for Physical and Emotional Harm §§ 1–2 definitions of "intent" and "recklessness." This standard supersedes Hawaiʻi's prior common-law "malice, wantonness, or oppression" formulation. Plaintiff alleges: [SPECIFY FACTS SUPPORTING INTENT, RECKLESS DISREGARD, OR OUTRAGEOUS/MALICIOUS CONDUCT, IF ANY — OMIT THIS SUBSECTION IF PUNITIVE DAMAGES ARE NOT SOUGHT].

5.2.6 These damages are distinct from and in addition to the wrongful-death damages recovered on behalf of statutory beneficiaries under Count I.

6. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendant(s) as follows:
a. General and special damages under Count I in an amount to be proven at trial;
b. Damages recoverable by the Estate under Count II, including punitive damages if warranted by the evidence under the Guieb standard;
c. Costs of suit and prejudgment/post-judgment interest as allowed by law, including Haw. Rev. Stat. § 636-16;
d. Any applicable statutory noneconomic damage caps be applied only where mandated and not otherwise;
e. Such other and further relief as the Court deems just and proper.

7. DEMAND FOR JURY TRIAL

Pursuant to Haw. Const. art. I, § 13 and HRCP Rule 38, Plaintiff hereby demands trial by jury on all issues so triable.

8. VERIFICATION / DECLARATION

I, [PLAINTIFF NAME], declare under penalty of perjury that I have read the foregoing Complaint and that the factual allegations are true and correct to the best of my knowledge, information, and belief.

Date: _____________ _______________________________
[PLAINTIFF NAME]
Personal Representative of the Estate of [DECEDENT NAME]

9. EXHIBITS

Exhibit A – Letters Testamentary/Administration
Exhibit B – Death Certificate
Exhibit C – Any other pertinent documents

ATTORNEY SIGNATURE BLOCK

Respectfully submitted,

_______________________________
[ATTORNEY NAME] (Bar No. [####])
[LAW FIRM NAME]
[ADDRESS]
Telephone: [PHONE]
Email: [EMAIL]

Attorney for Plaintiff
[PLAINTIFF NAME], Personal Representative