Wrongful Death Complaint - Minnesota

STATE OF MINNESOTA

DISTRICT COURT

COUNTY OF [COUNTY]

[___] JUDICIAL DISTRICT

Court File No.: _____________
Assigned Judge: _____________

COMPLAINT FOR WRONGFUL DEATH AND SURVIVAL ACTION

(Jury Trial Demanded)

TABLE OF CONTENTS

1. Parties ............................................................................................. 2
2. Jurisdiction, Venue & Pre-Suit Compliance ....................................... 3
3. Factual Allegations .............................................................................. 4
4. Count I – Wrongful Death (Minn. Stat. § 573.02) ................................. 7
5. Count II – Survival Action (Minn. Stat. § 573.01) ................................. 8
6. Damages ............................................................................................. 9
7. Demand for Jury Trial .......................................................................... 11
8. Prayer for Relief ................................................................................ 11
9. Reservation of Rights & Other Matters ............................................ 12
10. Verification ....................................................................................... 13
11. Signature Block ................................................................................. 14

(Page numbers will auto-generate upon final formatting.)

1. PARTIES (¶ 1-10)

1. Plaintiff [TRUSTEE FULL NAME] (“Trustee”) is a resident of [County/State] and was duly appointed trustee for the next of kin of [DECEDENT FULL LEGAL NAME] (“Decedent”) by Order of this Court dated [date], in File No. ________, pursuant to Minn. Stat. § 573.02, subd. 3, upon written petition by [the surviving spouse / one of the next of kin]. A true and correct copy of the Order Appointing Trustee is attached hereto as Exhibit A. The Trustee filed the consent and oath required by § 573.02, subd. 3, and, before receiving any funds, will file the bond required by that subdivision.

2. The Trustee brings this action for the exclusive benefit of the surviving spouse and next of kin of Decedent, pursuant to Minn. Stat. § 573.02, subd. 1, including:
   a. [Spouse Name] – surviving spouse;
   b. [Child 1 Name] – minor child;
   c. [Child 2 Name] – adult child;
   d. [Parent 1 Name] – parent (if no surviving spouse or children);
   e. [Any other statutorily recognized next of kin].

3. Decedent died on [Date of Death] as a result of the wrongful act or omission alleged herein and, had Decedent lived, could have maintained a personal-injury action against Defendants for the same conduct. Minn. Stat. § 573.02, subd. 1.

4. Defendant [Defendant 1] is a [business entity] with its principal place of business at [address]. It engaged in, directed, or ratified the wrongful acts complained of herein.
5. Defendant [Defendant 2] is a [business entity/individual] residing or headquartered at [address].
6. At all times relevant, each Defendant acted individually and/or through its officers, employees, agents, or apparent agents, who were acting within the scope of their authority and in furtherance of Defendants’ interests.

2. JURISDICTION, VENUE & PRE-SUIT COMPLIANCE (¶ 11-18)

11. This Court has subject-matter jurisdiction under Minn. Const. art. VI, § 3 and Minn. Stat. § 484.01, subd. 1, which vest the district court with original jurisdiction over all civil actions.
12. Venue lies in [County] pursuant to Minn. Stat. § 542.09 because the cause of action arose here and/or Defendants reside, conduct business, or may be found in this county.
13. Plaintiff has complied with all conditions precedent required by statute, including appointment of the Trustee under Minn. Stat. § 573.02, subd. 3, and, where applicable, timely notice to any governmental defendant under Minn. Stat. § 466.05.
14. Minnesota imposes no general statutory cap on compensatory (pecuniary-loss) damages recoverable in a wrongful death action under Minn. Stat. § 573.02. Any punitive-damages award remains subject to the standards and procedures of Minn. Stat. §§ 549.191 and 549.20.
15. No contractual arbitration clause governs the claims herein; forum selection for this statutory cause is constitutionally vested in the state courts.
16. Plaintiff requests trial by jury as of right under Minn. Const. art. I, § 4 and Minn. R. Civ. P. 38.

3. FACTUAL ALLEGATIONS (¶ 19-45)

17. On [Date of Incident], Decedent was lawfully present at/on [location] when Defendants, through negligent acts and/or omissions, caused a [describe incident – e.g., motor-vehicle collision, defective product failure, medical negligence, etc.].

18. Specifically:
    a. Defendant [1] breached its duty of reasonable care by [acts/omissions];
    b. Defendant [2] violated [statutory/regulatory standard] constituting negligence per se;
    c. Defendants jointly failed to warn, supervise, inspect, or otherwise act to prevent foreseeable harm.

19. As a direct and proximate result, Decedent sustained catastrophic injuries resulting in death on [Date of Death].

20. Decedent experienced conscious pain, suffering, and emotional distress from the time of injury until death.
21. Plaintiff incurred medical, funeral, and burial expenses in excess of $[amount] and expects additional pecuniary losses.
22. The Next-of-Kin have suffered, and will continue to suffer, loss of support, services, companionship, guidance, and emotional suffering.

4. COUNT I – WRONGFUL DEATH (Minn. Stat. § 573.02, subd. 1) (¶ 46-56)

23. Plaintiff realleges and incorporates ¶¶ 1-45.
24. Under Minn. Stat. § 573.02, subd. 1, when death is caused by the wrongful act or omission of any person or corporation, the Trustee appointed under subd. 3 may maintain an action if Decedent might have maintained an action, had Decedent lived, for an injury caused by the wrongful act or omission.
25. Decedent could have maintained a personal-injury action against Defendants for the conduct alleged.
26. Defendants’ acts and omissions constituted negligence, gross negligence, and/or willful disregard for the safety of others.
27. Defendants’ wrongful conduct was the direct and proximate cause of Decedent’s death.

28. Plaintiff is therefore entitled to recover, under Minn. Stat. § 573.02, subd. 1, the amount the jury deems fair and just for all damages suffered by Decedent resulting from the injury prior to death and the pecuniary loss resulting from the death, for the exclusive benefit of the surviving spouse and next of kin, proportionate to the pecuniary loss severally suffered, including but not limited to:
    a. Loss of earnings and future earning capacity of Decedent;
    b. Loss of services, protection, care, assistance, society, and companionship to the surviving spouse and next of kin;
    c. Medical expenses, and funeral and burial expenses (first deducted and paid from any recovery per § 573.02, subd. 1);
    d. Damages suffered by Decedent resulting from the injury prior to death, as authorized by the 2023 amendment to § 573.02, subd. 1;
    e. [If applicable] Punitive damages upon subsequent motion under Minn. Stat. § 549.191 and proof by clear and convincing evidence under Minn. Stat. § 549.20.

29. The Court will determine the proportionate pecuniary loss of the persons entitled to recovery and order distribution accordingly, pursuant to Minn. Stat. § 573.02, subd. 1.

5. COUNT II – SURVIVAL ACTION (Minn. Stat. §§ 573.01, 573.02, subd. 1) (¶ 57-64)

30. Plaintiff realleges and incorporates ¶¶ 1-56.
31. Minn. Stat. § 573.01 provides that a cause of action arising out of an injury to the person survives the death of any party in accordance with Minn. Stat. § 573.02.
32. Decedent sustained pre-death damages, including medical expenses, lost wages, and conscious pain and suffering, between the time of injury and death.
33. Decedent's pre-death personal-injury claim survives and is recoverable by the Trustee, for the exclusive benefit of the surviving spouse and next of kin, as part of "all damages suffered by the decedent resulting from the injury prior to the decedent's death" under Minn. Stat. § 573.02, subd. 1.
34. Plaintiff seeks all damages recoverable under Minn. Stat. §§ 573.01 and 573.02, subd. 1, subject to any statutory limitations then in force.
35. These survival damages are part of, and recoverable together with, the wrongful-death damages sought in Count I, as a single action prosecuted by the Trustee.

6. DAMAGES (¶ 65-76)

36. Plaintiff seeks judgment against Defendants for:
    a. Past and future pecuniary loss to the surviving spouse and next of kin;
    b. Pre-death medical expenses;
    c. Funeral and burial costs pursuant to Minn. Stat. § 573.02, subd. 1 (deducted and paid first from any recovery);
    d. All damages suffered by Decedent resulting from the injury prior to death, including conscious pain and suffering, under Minn. Stat. § 573.02, subd. 1;
    e. Pre- and post-judgment interest under Minn. Stat. § 549.09;
    f. Taxable costs and disbursements;
    g. Punitive damages upon motion under Minn. Stat. § 549.191, subject to proof by clear and convincing evidence under Minn. Stat. § 549.20;
    h. Any other relief the Court deems just and equitable.

37. Minnesota law imposes no general statutory cap on the compensatory damages recoverable under Minn. Stat. § 573.02. Pursuant to Minn. R. Civ. P. 8.01, because Plaintiff seeks unliquidated damages in an amount greater than $50,000, Plaintiff states merely that recovery of reasonable damages in an amount greater than $50,000 is sought, and will provide computation via Rule 26 disclosures.

7. DEMAND FOR JURY TRIAL

38. Pursuant to Minn. R. Civ. P. 38, Plaintiff demands a trial by jury on all triable issues.

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment:

A. In favor of Plaintiff and against Defendants;
B. Awarding damages as set forth in ¶¶ 36(a)-(h);
C. Awarding lawful interest, costs, and disbursements; and
D. Granting such other and further relief as the Court deems just and proper.

9. RESERVATION OF RIGHTS & OTHER MATTERS

39. Plaintiff reserves the right to:
    a. Amend this Complaint to conform to evidence;
    b. Assert punitive damages upon motion under Minn. Stat. § 549.191;
    c. Add additional parties or theories of liability as discovery warrants.

10. VERIFICATION

I, [TRUSTEE FULL NAME], as Trustee for the next of kin of [DECEDENT FULL LEGAL NAME], certify 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: __________ , 20___
Signature: ________________________________
[TRUSTEE FULL NAME], Trustee

11. SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]
[Firm Address]
[City, State ZIP]
Telephone: (___) ___-____
Email: [attorney email]

By: __________________________________
[ATTORNEY NAME] (MN Bar No. ________)
Attorneys for Plaintiff