Wrongful Death Complaint

IN THE CIRCUIT COURT FOR [___] COUNTY, MARYLAND

Civil Action No.: [___]

ESTATE OF [DECEDENT FULL LEGAL NAME], by and through the duly appointed Personal Representative, [PR FULL LEGAL NAME], and

[PRIMARY BENEFICIARY 1 FULL LEGAL NAME], individually,
[PRIMARY BENEFICIARY 2 FULL LEGAL NAME], individually,
[ADDITIONAL BENEFICIARIES],

Plaintiffs,

v.

[DEFENDANT FULL LEGAL NAME],
[DEFENDANT TRADE NAME, if any],
[DEFENDANT’S FORM OF ORGANIZATION & STATE OF INCORPORATION],
[DEFENDANT’S PRINCIPAL PLACE OF BUSINESS ADDRESS],

Defendant.
____________________________________________/

COMPLAINT FOR WRONGFUL DEATH AND SURVIVAL ACTION
(Jury Trial Demanded Pursuant to Md. Rule 2-511)

TABLE OF CONTENTS

1. Parties .......................................................................................................................... 2
2. Jurisdiction and Venue .................................................................................... 2
3. Statutory Framework & Definitions ............................................................... 3
4. Factual Allegations ............................................................................................ 4

5. Causes of Action
   • Count I – Wrongful Death (Negligence) ..................................................... 6
   • Count II – Survival Action (Negligence) ..................................................... 8
   • [Optional Further Counts] .......................................................................... 9

6. Damages ............................................................................................................ 10

7. Prayer for Relief ............................................................................................... 11
8. Demand for Jury Trial .................................................................................... 12
9. Verification ....................................................................................................... 12
10. Certificate of Service ..................................................................................... 13

Page numbers will auto-update upon final formatting.

1. PARTIES

1.1 Plaintiff Estate of [Decedent] (“Estate”) is a probate estate duly opened in the Orphans’ Court for [County], Maryland, Estate No. ☐.

1.2 Plaintiff [Personal Representative] (“Personal Representative”) is the duly appointed fiduciary of the Estate, acting pursuant to Letters of Administration issued on [Date].

1.3 Plaintiff(s) [Beneficiary Name(s)] (“Beneficiaries”) are statutory beneficiaries within the meaning of Md. Code Ann., Cts. & Jud. Proc. § 3-904(a) and are:
a. [Beneficiary 1], the [spouse/child/parent] of Decedent;
b. [Beneficiary 2], the [spouse/child/parent] of Decedent;
c. [If applicable] [Secondary Beneficiary], a person related to Decedent by [blood/marriage] who was substantially dependent upon Decedent.

1.4 Defendant [Defendant] (“Defendant”) is a [corporation/LLC/individual] organized under the laws of [State] with its principal place of business at [Address], and at all relevant times conducted substantial business in Maryland.

2. JURISDICTION AND VENUE

2.1 This Court has subject-matter jurisdiction under Md. Code Ann., Cts. & Jud. Proc. § 3-904 (wrongful death) and § 6-102 (general civil jurisdiction), as the amount in controversy exceeds $30,000 exclusive of interest and costs.

2.2 Personal jurisdiction over Defendant is proper under Md. Code Ann., Cts. & Jud. Proc. § 6-103(b) because Defendant [transacted business, committed tortious acts, etc.] in the State of Maryland.

2.3 Venue is proper in this Court pursuant to Md. Code Ann., Cts. & Jud. Proc. § 6-201 because Defendant [resides/has its principal place of business] in [County] and/or the cause of action arose in this County.

3. STATUTORY FRAMEWORK & DEFINITIONS

3.1 “Wrongful Death Act” refers to Md. Code Ann., Cts. & Jud. Proc. §§ 3-901–3-904.

3.2 “Survival Action” refers to the cause of action surviving to the Estate under Md. Code Ann., Est. & Trusts § 7-401(y) and related common law.

3.3 “Non-Economic Damages Cap” refers to the statutory limitations of Md. Code Ann., Cts. & Jud. Proc. § 11-108, including the 150% multiple-beneficiary enhancement for wrongful death claims.

3.4 “Decedent” means the deceased, [Decedent Full Name], who died on [Date of Death] as a result of Defendant’s wrongful acts and omissions described herein.

3.5 “Primary Beneficiaries” means a surviving spouse, parent, or child of Decedent as defined by § 3-904(a)(1).

3.6 “Secondary Beneficiaries” means persons related to Decedent by blood or marriage who were substantially dependent upon Decedent and who qualify under § 3-904(b).

4. FACTUAL ALLEGATIONS

4.1 On [Date], Decedent was lawfully present at [Location] when Defendant, by and through its agents, servants, and/or employees, negligently and carelessly [Describe Conduct].

4.2 Defendant owed Decedent a duty of reasonable care to [Specify Duty, e.g., operate a motor vehicle safely, maintain premises, provide medical care].

4.3 Defendant breached said duty by, inter alia:
a. [Describe first negligent act/omission];
b. [Describe second negligent act/omission];
c. [Additional particulars].

4.4 As a direct and proximate result of Defendant’s breach, Decedent suffered serious bodily injuries culminating in death on [Date of Death].

4.5 Decedent consciously experienced pain, suffering, and fear of impending death between the time of injury and death.

4.6 Plaintiffs have complied with all prerequisites to filing this action, including the three-year statute of limitations under § 3-904(g)(1).

5. CAUSES OF ACTION

COUNT I

WRONGFUL DEATH – NEGLIGENCE
(Md. Code Ann., Cts. & Jud. Proc. §§ 3-901–3-904)

5.1 Plaintiffs reallege and incorporate by reference ¶¶ 1.1–4.6.

5.2 Defendant’s negligent acts and omissions described above directly caused Decedent’s death.

5.3 Pursuant to § 3-904(d), Beneficiaries are entitled to recover for:
a. Mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, marital care, parental care, filial care, attention, advice, counsel, and guidance;
b. Pecuniary losses, including loss of support, services, and contributions Decedent would have rendered;
c. Funeral expenses and other direct expenses, subject to statutory limits.

5.4 Recovery of non-economic damages is subject to the Non-Economic Damages Cap in § 11-108, as adjusted annually.

WHEREFORE, Plaintiffs, on behalf of the Beneficiaries, demand judgment against Defendant for an amount in excess of $75,000, subject to the statutory damage caps, plus costs, interest, and any further relief this Court deems just and proper.

COUNT II

SURVIVAL ACTION – NEGLIGENCE
(Md. Code Ann., Est. & Trusts § 7-401(y))

6.1 Plaintiffs reallege and incorporate by reference ¶¶ 1.1–5.4.

6.2 The Estate, through the Personal Representative, succeeds to Decedent’s causes of action that survived death.

6.3 Defendant’s negligent acts and omissions caused Decedent to suffer:
a. Conscious pain and suffering;
b. Medical expenses incurred prior to death;
c. Loss of earnings and earning capacity between injury and death;
d. Other losses recoverable by the Estate.

WHEREFORE, the Estate demands judgment against Defendant in an amount to be proven at trial, plus pre- and post-judgment interest, costs, and such other relief as the Court deems just and proper.

[COUNT III – OPTIONAL ADDITIONAL THEORY, e.g., GROSS NEGLIGENCE, STRICT LIABILITY, MEDICAL MALPRACTICE]

6. DAMAGES

7.1 Plaintiffs seek all damages available under the Wrongful Death Act and Survival Action, including but not limited to:
• Non-economic damages (subject to statutory cap);
• Economic damages (funeral expenses, medical bills, loss of support, etc.);
• Pre-death pain and suffering;
• Pre- and post-judgment interest;
• Costs as allowed by law.

7.2 Plaintiffs expressly invoke the enhanced cap for multiple beneficiaries under § 11-108(b)(3)(ii).

7. PRAYER FOR RELIEF

Plaintiffs respectfully request that this Court:

A. Enter judgment against Defendant, jointly and severally if applicable, for compensatory damages in an amount to be determined by the trier of fact and consistent with statutory caps;

B. Award costs of suit, interest, and such other and further relief as justice requires.

8. DEMAND FOR JURY TRIAL

Pursuant to Article 23 of the Maryland Declaration of Rights and Md. Rule 2-511, Plaintiffs hereby demand a trial by jury on all issues so triable.

9. VERIFICATION

I, [Personal Representative Name], being duly sworn, depose and say that I am the Personal Representative of the Estate of [Decedent] and have read the foregoing Complaint; that the matters stated therein are true to the best of my knowledge, information, and belief.

_________________________________
[PERSONAL REPRESENTATIVE NAME]
Date: _____________

10. CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this ___ day of __________, 20__, a copy of the foregoing Complaint was served by [method of service] upon:

[Name & Address of Defendant’s Registered Agent or Counsel]

_________________________________
[ATTORNEY NAME]
Maryland Attorney No. [Bar Number]
[Law Firm Name]
[Address]
[Telephone] | [Email]
Counsel for Plaintiffs

ATTORNEY SIGNATURE BLOCK (Md. Rule 1-311)

Respectfully submitted,

_________________________________
[ATTORNEY NAME]
Maryland Attorney No. [Bar Number]
[Law Firm Name]
[Address]
Telephone: [___]
Email: [___]
Counsel for Plaintiffs