[// GUIDANCE: This template is drafted for use in Idaho state-court proceedings under Idaho’s wrongful-death and survival statutes. It is intentionally comprehensive so the practitioner may delete or tailor provisions before filing. All bracketed items must be completed or modified to reflect the facts of the matter, applicable local rules, and the preferences of the attorney of record.]
IN THE DISTRICT COURT OF THE [_____] JUDICIAL DISTRICT
OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [__]
[PLAINTIFF], as the duly-appointed Personal Representative of the Estate of [DECEDENT],
and on behalf of the statutory Beneficiaries,
Plaintiff,
v.
[DEFENDANT ENTITY/INDIVIDUAL],
Defendant.
| Case No. | [__] |
| COMPLAINT FOR WRONGFUL DEATH AND SURVIVAL DAMAGES; | |
| DEMAND FOR JURY TRIAL |
TABLE OF CONTENTS
- Introduction & Parties ............................................... 2
- Jurisdiction and Venue ............................................... 2
- General Allegations (Common Facts) ................................... 3
- Count I – Wrongful Death ............................................. 5
- Count II – Survival Action ........................................... 6
- Damages Sought ....................................................... 7
- Reservation of Rights & Injunctive Relief (Limited) .................. 8
- Prayer for Relief .................................................... 9
- Demand for Jury Trial ................................................ 9
- Verification, Certification, and Signature Blocks .................... 10
- Certificate of Service ............................................... 11
[// GUIDANCE: Remove the Table of Contents for final filing if local rules discourage it.]
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 Probate Division of this Court, 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’s wrongful-death and survival statutes and Article V, § 20 of the Idaho Constitution.
5. Venue is proper in this County under Idaho Rule of Civil Procedure venue provisions because (a) the acts and omissions complained of occurred in this County; and/or (b) Defendant resides or conducts business in this County.
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 experienced conscious pain and suffering prior to death, and Plaintiff and the Beneficiaries have suffered pecuniary and non-pecuniary 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 beneficiaries under Idaho law, subject to the statutory cap on noneconomic damages.
5. COUNT II – SURVIVAL ACTION
(For the Benefit of Decedent’s Estate)
16. Plaintiff realleges and incorporates Paragraphs 1–15 as though fully set forth herein.
17. Idaho’s survival statute preserves causes of action for personal injury that accrue to an individual prior to death and authorizes the personal representative to pursue such claims on behalf of the Estate.
18. Decedent suffered conscious pain, suffering, emotional distress, loss of enjoyment of life, and other damages between the time of injury and death.
19. The Estate is entitled to recover damages for such pre-death losses, including medical expenses incurred prior to death.
6. DAMAGES SOUGHT
20. Plaintiff seeks judgment against Defendant, jointly and severally if applicable, 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’s statutory damage cap for noneconomic losses, plus any cost-of-living adjustments;
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.
[// GUIDANCE: If punitive damages may be available, add a separate count and comply with Idaho Code pleading standards (including a motion for leave to amend).]
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
[// GUIDANCE: Insert any required verification or attorney certification language mandated by the local district court rules.]
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 SURVIVAL 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]
[// GUIDANCE:
1. Confirm the caption format, filing fee, and case information with the specific Idaho judicial district clerk.
2. Verify deadlines for service (120 days from filing under I.R.C.P. 4(b)(2)) and statutes of limitation.
3. If the defendant is a governmental entity, comply with Idaho Tort Claims Act notice requirements.
4. Review Idaho Code § 6-1603 (noneconomic damages cap) and § 5-[applicable sections] to ensure accurate citation and compliance.
5. Delete internal comments and bracketed guidance before filing with the court.
]