Wrongful Death Complaint - Idaho

IN THE DISTRICT COURT OF THE [____] JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [____]

TABLE OF CONTENTS

1. Introduction & Parties ............................................... 2
2. Jurisdiction and Venue ............................................... 2
3. General Allegations (Common Facts) ................................... 3
4. Count I – Wrongful Death ............................................. 5
5. Count II – Limited § 5-327(2) Claim, If Applicable ................... 6
6. Damages Sought ....................................................... 7
7. Reservation of Rights & Injunctive Relief (Limited) .................. 8
8. Prayer for Relief .................................................... 9
9. Demand for Jury Trial ................................................ 9
10. Verification, Certification, and Signature Blocks .................... 10
11. Certificate of Service ............................................... 11

1. INTRODUCTION & PARTIES

1. Plaintiff [Name of Personal Representative] (“Plaintiff”) is the duly appointed Personal Representative of the Estate of [Decedent Name] (“Decedent”) pursuant to Letters Testamentary/Letters of Administration issued on [Date] by the District Court's magistrate's division of this county (Idaho abolished a separate probate court in 1969; probate matters are heard within the District Court per Idaho Code § 1-2208(2)), docket no. [Probate Case No.].

2. Plaintiff brings this action individually and in a representative capacity for the exclusive benefit of all persons statutorily entitled to recover for Decedent’s wrongful death, including but not limited to [list known statutory beneficiaries—e.g., surviving spouse, minor children, dependent parents, etc.] (collectively, the “Beneficiaries”).

3. Defendant [Name of Defendant] (“Defendant”) is a [corporation/LLC/individual] organized under the laws of [State] with its principal place of business/residence in [City, State] and at all relevant times conducted substantial activities within the State of Idaho.

2. JURISDICTION AND VENUE

4. This Court has subject-matter jurisdiction over this action pursuant to Idaho Const. art. V, § 20, Idaho Code § 1-705, and Idaho Code § 5-311. Section 5-327 applies only as specifically pleaded below. This action is properly filed in the District Court, and not the magistrate’s division, because the amount in controversy exceeds the $5,000 civil jurisdictional limit on magistrate assignment under Idaho Code § 1-2208(1)(a).

5. Venue is proper in this County under the applicable Idaho Code § 5-404 branch because [the cause of action arose here / an individual Defendant resided here when the action commenced / a qualifying Idaho corporation has its principal place of business here / OTHER CURRENT STATUTORY BASIS].

6. No contractual arbitration agreement governs the claims asserted herein; accordingly, Plaintiff proceeds exclusively in this state court forum.

3. GENERAL ALLEGATIONS (COMMON FACTS)

7. On [Date], at approximately [Time], Decedent was [brief factual description—e.g., driving northbound on US-95 near milepost XXX] when Defendant [describe negligent act or omission—e.g., failed to stop at a red light], causing a collision that resulted in catastrophic injuries to Decedent.

8. Decedent was transported to [Hospital] and succumbed to injuries on [Date/Time].

9. At all relevant times, Defendant owed Decedent a duty of reasonable care under Idaho law and breached that duty through the acts and omissions described herein.

10. As a direct and proximate result of Defendant’s negligence, recklessness, and/or wrongful conduct, Decedent died and the statutory heirs suffered supported pecuniary and nonpecuniary losses.

4. COUNT I – WRONGFUL DEATH

(For the Benefit of Statutory Beneficiaries)

11. Plaintiff realleges and incorporates Paragraphs 1–10 as though fully set forth herein.

12. Under Idaho’s wrongful-death statute, a cause of action accrues in favor of the heirs or personal representative when death is caused by the wrongful act or neglect of another.

13. Each Beneficiary identified in Paragraph 2 is an “[Eligible Beneficiary]” under Idaho law.

14. Defendant’s wrongful conduct, as described above, was the direct and proximate cause of Decedent’s death.

15. Plaintiff and the Beneficiaries are entitled to recover all damages permitted by Idaho law, including but not limited to:

a. Loss of financial support, household services, and other pecuniary benefits;
b. Loss of the Decedent’s society, companionship, comfort, guidance, counsel, care, and protection;
c. Funeral and burial expenses;
d. Any other damages available to wrongful-death heirs under Idaho law, subject to Idaho Code § 6-1603's claimant-based noneconomic limit and the amount effective for the applicable period. Because the cap adjusts each July 1, verify the current figure before filing.

5. COUNT II – LIMITED § 5-327(2) CLAIM

(Use only if Decedent died from causes unrelated to the alleged wrongful act or negligence)

16. Plaintiff realleges and incorporates Paragraphs 1–15 as though fully set forth herein.

17. Decedent died from causes unrelated to the wrongful act or negligence alleged in this Count. Idaho Code § 5-327(2) therefore preserves the personal-injury or property-damage cause of action subject to that subsection's express limits.

18. Before death, Decedent actually incurred medical expenses of $[amount], other out-of-pocket expenses of $[amount], and actually lost earnings of $[amount] as a result of the alleged wrongful act or negligence.

19. Plaintiff seeks only the categories expressly permitted by § 5-327(2). Plaintiff does not seek pain, suffering, emotional-distress, future-earnings, or punitive damages under this Count.

6. DAMAGES SOUGHT

20. Plaintiff seeks judgment against Defendant in the proportionate form required by Idaho Code § 6-803, except to the extent subsection (5) establishes acting-in-concert or agent/servant liability, in an amount to be proven at trial, including:

a. All economic damages permitted by statute;
b. Non-economic damages up to the maximum amount allowed under Idaho Code § 6-1603's statutory damage cap for noneconomic losses (annually wage-indexed each July 1 by the Idaho Industrial Commission; unless an exception under § 6-1603(4) for willful, reckless, or felonious conduct applies);
c. Pre-judgment and post-judgment interest as allowed by law;
d. Reasonable attorney fees and costs of suit where recoverable; and
e. Such further relief as the Court deems just and proper.

7. RESERVATION OF RIGHTS & LIMITED INJUNCTIVE RELIEF

21. Plaintiff reserves all rights to amend this Complaint to add additional parties, claims, or theories of liability as discovery progresses and as justice may require.

22. Plaintiff seeks injunctive or declaratory relief only to the limited extent necessary to preserve evidence, maintain the status quo, or prevent spoliation during the pendency of this action.

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that judgment be entered in favor of Plaintiff, the Estate, and the statutory Beneficiaries, and against Defendant, as follows:

A. For compensatory damages in amounts to be determined at trial, consistent with Idaho statutory limits;
B. For pre-judgment and post-judgment interest as permitted by law;
C. For recoverable costs and attorney fees;
D. For such other and further relief, at law or in equity, as the Court deems just and proper.

9. DEMAND FOR JURY TRIAL

Pursuant to Article I, § 7 of the Idaho Constitution and Idaho Rule of Civil Procedure 38, Plaintiff hereby demands a trial by jury on all triable issues.

10. VERIFICATION, CERTIFICATION, AND SIGNATURE BLOCKS

Respectfully submitted this ___ day of __________, 20___.

_________________________________
[ATTORNEY NAME], ISB No. [___]
[Law Firm Name]
[Street Address]
[City, State Zip]
Telephone: [(xxx) xxx-xxxx]
Email: [___]
Attorney for Plaintiff

11. CERTIFICATE OF SERVICE

I hereby certify that on the ___ day of __________, 20___, I caused the foregoing COMPLAINT FOR WRONGFUL DEATH AND, IF APPLICABLE, LIMITED § 5-327(2) DAMAGES to be served upon the following counsel/parties of record in the manner indicated:

• [Name] – [e-mail/hand delivery/U.S. Mail/fax]
• [Name] – [e-mail/hand delivery/U.S. Mail/fax]

_________________________________
[Attorney Name]