IN THE CIRCUIT COURT OF [COUNTY] COUNTY, MISSISSIPPI
[PLAINTIFF’S LEGAL NAME],
Individually and on Behalf of the Wrongful-Death Beneficiaries of
[DECEDENT’S FULL LEGAL NAME], Deceased,
Plaintiff,
v.
[DEFENDANT’S LEGAL NAME(S)],
Defendant(s).
Civil Action No.: ____
Jury Trial Demanded
COMPLAINT FOR WRONGFUL DEATH, SURVIVAL DAMAGES, AND OTHER RELIEF
(Miss. Code Ann. § 11-7-13)
[// GUIDANCE: Tailor all bracketed placeholders, add additional defendants or counts as necessary, and attach exhibits (e.g., medical records, accident reports) in accordance with Miss. R. Civ. P. 10(d).]
TABLE OF CONTENTS
- Parties & Service ..................................................................................... 2
- Jurisdiction & Venue ............................................................................. 3
- Factual Allegations ................................................................................ 4
- Count I – Wrongful Death – Negligence (§ 11-7-13) ............................ 7
- Count II – Survival Action (§ 11-7-13; §§ 91-7-233 et seq.) ............... 8
- Count III – Gross Negligence / Punitive Damages (§ 11-1-65) ............ 9
- Damages Sought .................................................................................. 10
- Prayer for Relief ................................................................................... 12
- Jury Demand ....................................................................................... 13
- Certification & Verification (if required) .............................................. 13
- Certificate of Service ......................................................................... 14
(Page numbers to be inserted upon finalization.)
1. PARTIES & SERVICE
1.1 Plaintiff [PLAINTIFF’S NAME] is a resident of [County] County, Mississippi, and is the [relationship—e.g., surviving spouse/personal representative] of [Decedent’s Name] (“Decedent”). Pursuant to Miss. Code Ann. § 11-7-13, Plaintiff brings this action individually and on behalf of all statutory wrongful-death beneficiaries, including but not limited to the Decedent’s:
a. Surviving spouse: [Name]
b. Natural and/or adopted children: [Name(s)]
c. Parent(s): [Name(s)]
d. Sibling(s): [Name(s)]
1.2 Defendant [DEFENDANT’S NAME] is a [corporation/LLC/individual] organized under the laws of [State], with its principal place of business in [City, State] and may be served with process through [registered agent / address].
[// GUIDANCE: Add additional defendants in separate paragraphs, identifying registered agents, addresses, and statutory bases for service (e.g., Miss. R. Civ. P. 4(f)).]
2. JURISDICTION & VENUE
2.1 This Court has subject-matter jurisdiction over this civil action pursuant to Miss. Code Ann. § 11-7-13 and Miss. Const. art. 6, § 159.
2.2 Venue is proper in this Court under Miss. Code Ann. § 11-11-3(1) because [Defendant resides here / substantial part of the events giving rise to the claim occurred here].
2.3 The amount in controversy exceeds the minimum jurisdictional threshold of this Court, exclusive of costs and interest.
3. FACTUAL ALLEGATIONS
3.1 On [Date], at approximately [Time], Decedent was [describe activity—e.g., lawfully operating a motor vehicle eastbound on Highway XX].
3.2 Defendant [Name], through its agents, servants, and employees acting within the course and scope of employment, [describe negligent act or omission—e.g., failed to maintain proper lookout / manufactured and sold a defective product].
3.3 As a direct and proximate result of Defendant’s conduct, Decedent suffered severe bodily injuries leading to death on [Date].
3.4 The Estate incurred funeral and burial expenses of approximately $[Amount], and Decedent’s beneficiaries have sustained loss of support, society, companionship, and other damages set forth below.
[// GUIDANCE: Expand factual narrative to satisfy Miss. R. Civ. P. 8(a). Attach accident reports, autopsy, or expert affidavits if needed to survive motions under Rule 12 or 56.]
4. COUNT I – WRONGFUL DEATH – NEGLIGENCE
(Miss. Code Ann. § 11-7-13)
4.1 Plaintiff realleges and incorporates by reference ¶¶ 1.1–3.4 above.
4.2 Defendant owed Decedent a duty of reasonable care [describe specific duty—e.g., to operate a motor vehicle in accordance with traffic laws].
4.3 Defendant breached that duty by [specific acts/omissions].
4.4 Defendant’s breach was the direct and proximate cause of Decedent’s death, entitling Plaintiff and all wrongful-death beneficiaries to recover damages under § 11-7-13.
5. COUNT II – SURVIVAL ACTION
(Miss. Code Ann. § 11-7-13; §§ 91-7-233 et seq.)
5.1 Plaintiff realleges and incorporates ¶¶ 1.1–4.4.
5.2 Prior to death, Decedent experienced conscious pain and suffering, medical expenses, and other personal-injury losses that survive his/her death pursuant to Miss. Code Ann. §§ 91-7-233 and 11-7-13.
5.3 Plaintiff, as [personal representative / wrongful-death beneficiary], seeks all damages recoverable by the Estate, including but not limited to:
a. Medical bills in the approximate amount of $[Amount];
b. Conscious pain and suffering;
c. Pre-death mental anguish.
6. COUNT III – GROSS NEGLIGENCE / RECKLESSNESS – PUNITIVE DAMAGES
(Miss. Code Ann. § 11-1-65)
6.1 Plaintiff realleges and incorporates ¶¶ 1.1–5.3.
6.2 Defendant’s conduct was willful, wanton, and in reckless disregard for the safety of others, meeting the standard for punitive damages under § 11-1-65.
6.3 Plaintiff seeks punitive damages in an amount to be determined by the trier of fact, subject to statutory caps, to punish Defendant and deter similar conduct.
[// GUIDANCE: Ensure factual allegations supporting gross negligence are pled with specificity to withstand Rule 12(b)(6) challenges.]
7. DAMAGES SOUGHT
Pursuant to Miss. Code Ann. § 11-7-13 and other applicable law, Plaintiff demands judgment for:
a. Economic Damages:
i. Funeral and burial costs..................... $[Amount]
ii. Loss of earnings and benefits............... $[Amount]
iii. Medical expenses prior to death............ $[Amount]
b. Non-Economic Damages (subject to Miss. Code Ann. § 11-1-60 caps where applicable):
i. Pain and suffering of Decedent
ii. Loss of society, consortium, and companionship
iii. Emotional distress of beneficiaries
c. Punitive Damages under § 11-1-65 (subject to statutory limits);
d. Pre- and post-judgment interest at the lawful rate;
e. Costs of court and any discretionary fees allowed under Miss. R. Civ. P. 54(d);
f. Any such other and further relief—legal or equitable (including limited injunctive relief if necessary to preserve assets)—to which Plaintiff may be entitled.
[// GUIDANCE: Evaluate whether medical-malpractice caps (§ 11-1-60(2)) or general non-economic caps (§ 11-1-60(1)) apply; plead in the alternative if uncertainty exists.]
8. PRAYER FOR RELIEF
WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that:
- Process issue and be served upon Defendant in accordance with law;
- Defendant be summoned to appear and answer this Complaint;
- Upon trial by jury, Plaintiff obtains a judgment for all damages specified herein;
- The Court award such additional, different, or further relief as it deems just and proper.
9. JURY DEMAND
Pursuant to Miss. R. Civ. P. 38(b) and the Seventh Amendment to the United States Constitution (as incorporated), Plaintiff hereby demands a trial by jury on all issues so triable.
10. CERTIFICATION & VERIFICATION
[OPTIONAL / CASE-SPECIFIC]
[// GUIDANCE: No general verification is required in Mississippi state practice. However, if filing a medical-malpractice wrongful-death claim, include the § 11-1-58 attorney affidavit of consultation. Insert any statutorily required certifications (e.g., Uniform Chancery Court Rule 1.10(b) for minors) as applicable.]
11. CERTIFICATE OF SERVICE
I, the undersigned attorney, certify that on this the ___ day of ____ 20__, I electronically filed the foregoing with the Clerk of the Court using the MEC system, which sent notification of such filing to all counsel of record; and I served the foregoing document by [state method – e.g., U.S. Mail, hand delivery] upon:
[Name & Address of Counsel/Party Not Registered With MEC]
/s/ ______
[ATTORNEY’S FULL NAME] (MSB #_)
[Law Firm Name]
[Street Address] | [P.O. Box]
[City], MS [ZIP]
Telephone: [--_]
Facsimile: [--_]
Email: [_____]
Counsel for Plaintiff
[SIGNATURE BLOCK]
Respectfully submitted this ___ day of ____ 20__.
[PLAINTIFF’S NAME],
Individually and on behalf of all Wrongful-Death Beneficiaries of [Decedent]
By: /s/ [ATTORNEY NAME]
One of Their Attorneys
ATTORNEY INFORMATION
[ATTORNEY’S FULL NAME] (MSB #__)
[Law Firm Name]
[Street Address] | [P.O. Box]
[City], MS [ZIP]
Tel: [--] | Fax: [--_]
Email: [_____]
[// GUIDANCE: Include additional counsel pro hac vice as needed; ensure compliance with Miss. R. App. P. 46 for any appellate practice.]