Wrongful Death Complaint - Idaho

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

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 of this county [magistrate assignment, if applicable], docket no. [Probate Case No.].

2. Plaintiff brings this action as personal representative on behalf of the heirs entitled under Idaho Code § 5-311, including [IDENTIFY EACH KNOWN HEIR AND THE BASIS FOR ELIGIBILITY] (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. The District Court has original jurisdiction under Idaho Code § 1-705. The amount in controversy is [AMOUNT], and the nature of this action is [CASE CATEGORY].

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. Defendant owed Decedent [IDENTIFY THE APPLICABLE DUTY AND LEGAL BASIS] 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. Idaho Code § 5-311 permits the heirs or a personal representative on their behalf to maintain an action for damages when a death is caused by another's wrongful act or neglect.

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 seeks the damages that are just under Idaho Code § 5-311 and supported by proof, including any applicable:

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 borne by an eligible claimant, if recoverable on the facts and governing law;
d. Other proven losses, subject to Idaho Code § 6-1603's claimant-based noneconomic limit where applicable. The cap adjusts each July 1.

5. DAMAGES SOUGHT

16. Plaintiff seeks judgment in an amount to be proven at trial, subject to any comparative-responsibility rules under Idaho Code § 6-803, including:

a. All economic damages permitted by statute;
b. Non-economic damages subject to Idaho Code § 6-1603's claimant-based cap, adjusted each July 1, unless the statutory exception for willful or reckless misconduct or an act found beyond a reasonable doubt to constitute a qualifying felony 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.

6. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that judgment be entered in favor of the statutory Beneficiaries, through Plaintiff as personal representative, 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.

7. 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.

Plaintiff [WILL / WILL NOT] stipulate to a jury of fewer than twelve persons, but not fewer than six, under Idaho Rule of Civil Procedure 38(b).

8. SIGNATURE BLOCK

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