Wrongful Death Complaint - Missouri

WRONGFUL DEATH PETITION

(Missouri Circuit Court – Template)

TABLE OF CONTENTS

1. Caption & Style of Case

2. Preliminary Allegations
   2.1 Parties
   2.2 Jurisdiction and Venue
   2.3 Definitions

3. Factual Background

4. Causes of Action
   4.1 Count I – Wrongful Death (Negligence)
   4.2 Punitive-Damages Amendment (For a Later Pleading Only)

5. Damages Allegations

6. Prayer for Relief
7. Jury Demand
8. Verification
9. Service Request

1. CAPTION & STYLE OF CASE

IN THE CIRCUIT COURT OF [COUNTY_NAME] COUNTY
STATE OF MISSOURI

PETITION FOR WRONGFUL DEATH

2. PRELIMINARY ALLEGATIONS

2.1 Parties

1. Plaintiff. Plaintiff [PLAINTIFF_NAME] is an individual residing at [PLAINTIFF_ADDRESS] and brings this action under Mo. Rev. Stat. § 537.080.1 as [select one: Decedent's spouse, child, descendant of a deceased child, or parent under class (1); Decedent's sibling or sibling descendant under class (2), if no class (1) person is entitled to sue; or the plaintiff ad litem appointed by [COURT] in [CASE NO.] under class (3), on application by [NAME], a person entitled to share in the proceeds, if no class (1) or (2) person is entitled to sue]. [DECEDENT_NAME] (“Decedent”) died on [DATE_OF_DEATH].

2. Defendant. Defendant [DEFENDANT_NAME] is a [corporation / individual / partnership] organized under the laws of [STATE] with its principal place of business at [DEFENDANT_ADDRESS] and may be served at [SERVICE_ADDRESS] pursuant to Mo. Sup. Ct. R. 54.13(b)(3) (corporate/partnership/unincorporated-association defendant) or R. 54.13(b)(1) (individual defendant), as applicable.

2.2 Jurisdiction and Venue

3. This Court has subject-matter jurisdiction under Mo. Const. art. V, § 14 and Mo. Rev. Stat. § 478.070, and this action is authorized by Mo. Rev. Stat. §§ 537.080–.090.

4. Venue is proper in [COUNTY_NAME] County under Mo. Rev. Stat. § 508.010.4 and .11 because Decedent was first injured by the wrongful acts or negligent conduct alleged in this action in [COUNTY_NAME] County, Missouri.

2.3 Definitions

For pleading clarity, the following terms are used:
a. “Decedent” means [DECEDENT_NAME], deceased.
b. “Beneficiaries” means the persons entitled to recover under Mo. Rev. Stat. § 537.080.

3. FACTUAL BACKGROUND

5. On or about [DATE_OF_INCIDENT], at or near [LOCATION], Defendant owed Decedent a duty of ordinary care to [describe duty, e.g., operate a motor vehicle safely / provide medical care in accordance with the standard of care].

6. Defendant breached that duty by [specific acts or omissions].

7. As a direct and proximate result of Defendant’s negligence, Decedent suffered severe injuries culminating in death on [DATE_OF_DEATH].

8. Decedent left surviving the following statutory beneficiaries, identified by the priority class under Mo. Rev. Stat. § 537.080.1 to which each belongs:

   • [NAME], [relationship — e.g., spouse / child / lineal descendant of a deceased child / parent] (Class 1);
   • [NAME], [relationship — e.g., sibling or descendant of a sibling, pleaded ONLY if no Class 1 beneficiary exists] (Class 2, if applicable).

9. All statutory conditions precedent to filing this action have been satisfied or waived.

4. CAUSES OF ACTION

4.1 Count I – Wrongful Death (Negligence)

10. Plaintiff realleges Paragraphs 1–9.

11. Under Mo. Rev. Stat. § 537.080, Plaintiff, on behalf of all Beneficiaries, has a statutory cause of action for Decedent’s wrongful death.

12. Defendant’s negligent acts/omissions, detailed above, directly caused Decedent’s death.

13. Pursuant to Mo. Rev. Stat. § 537.090, Plaintiff seeks recovery of:
    a. Pecuniary losses, including the value of Decedent’s services, companionship, comfort, instruction, guidance, counsel, training, and support;
    b. Funeral and burial expenses;
    c. Reasonable value of medical expenses;
    d. Pre- and post-judgment interest as allowed by law; and
    e. If applicable — damages between the time of injury and death that Decedent could have recovered had death not ensued; and
    f. Costs of suit as allowed by law.

4.2 Punitive-Damages Amendment (For a later pleading only, after leave of court)

If the evidence supports a punitive-damages claim, including damages for aggravating circumstances under RSMo § 510.261.9, seek leave under § 510.261.5 before adding that claim to a later pleading. Do not include either claim in this initial Petition.

5. DAMAGES ALLEGATIONS

14. Plaintiff seeks the full measure of damages allowed by Mo. Rev. Stat. § 537.090, including:
    • Economic and non-economic wrongful-death damages;
    • Damages Decedent could have recovered for the period between injury and death had death not ensued, including supported pain, suffering, and medical expenses;
    • Funeral and burial costs;
    • Pre-/post-judgment interest;
    • Costs of suit;
    • Any further relief the Court deems just and proper.

6. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendant, jointly and severally where applicable, for:

A. Compensatory damages in a fair and reasonable sum;
B. Damages for Decedent’s proven injuries between injury and death under Mo. Rev. Stat. § 537.090;
C. Funeral and burial expenses;
D. Pre-judgment and post-judgment interest as allowed by law;
E. Costs of court; and
F. Such other and further relief as the Court deems just and proper.

7. JURY DEMAND

Plaintiff hereby demands trial by jury on all triable issues pursuant to Mo. Const. art. I, § 22(a) and Mo. Sup. Ct. R. 69.01(a).

8. VERIFICATION

STATE OF MISSOURI, COUNTY OF [_____________], ss.

I, [PLAINTIFF_NAME], being duly sworn, depose and state that I have read the foregoing Petition; that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

_________________________________
[PLAINTIFF_NAME], Plaintiff

Subscribed and sworn to before me this ___ day of __________, 20__.

_________________________________
Notary Public
My Commission Expires: __________

9. SERVICE REQUEST

Plaintiff requests issuance of a summons for each defendant. The summons and this Petition are to be served together under Mo. Rev. Stat. §§ 506.120 and 506.150.

ATTORNEY SIGNATURE BLOCK

Respectfully submitted,

_________________________________
[ATTORNEY_NAME], Mo. Bar #________
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Plaintiff