Wrongful Death Complaint

COMPLAINT FOR WRONGFUL DEATH AND SURVIVAL ACTION

IN THE DISTRICT COURT OF THE ☐ JUDICIAL DISTRICT
IN AND FOR THE COUNTY OF [COUNTY], STATE OF MONTANA

Civil Action No.: [___]

[PLAINTIFF’S FULL NAME],
individually and as Personal Representative of the ESTATE OF [DECEDENT’S FULL NAME],
and on behalf of all Statutory Beneficiaries under Mont. Code Ann. § 27-1-513,
  Plaintiff,

v.

[DEFENDANT’S FULL LEGAL NAME], a [form of entity] organized under the laws of [state] and doing business in the State of Montana,
  Defendant.
_______________________________________________________

COMPLAINT FOR WRONGFUL DEATH, SURVIVAL ACTION, AND DEMAND FOR JURY TRIAL

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Allegations
4. Representations & Warranties (Jurisdiction & Venue Allegations)
5. Covenants & Restrictions (Pre-Suit Conditions & Statutory Compliance)
6. Defaults & Remedies (Causes of Action / Counts)
7. Risk Allocation (Prayer for Damages & Statutory Caps)
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Verification & Certification

1. DOCUMENT HEADER

1.1 Parties, Capacity, and Standing
 a. Plaintiff [Plaintiff] is a resident of [County], Montana, and is duly appointed Personal Representative (“PR”) of the Estate of [Decedent] by Order of the [___] County District Court dated [Date] in Probate No. ☐.
 b. Defendant [Defendant] is a [corporation/LLC/individual] with its principal place of business at [Address], subject to personal jurisdiction in Montana for the reasons set forth below.

1.2 Recitals
 WHEREAS, on or about [Date of Incident], Decedent suffered fatal injuries as a proximate result of Defendant’s wrongful acts and omissions; and
 WHEREAS, Plaintiff brings this action pursuant to the Montana Wrongful Death Act, Mont. Code Ann. § 27-1-513, and the Montana Survival Statutes, Mont. Code Ann. §§ 27-1-501 – 27-1-505;

1.3 Effective Filing Date & Jurisdiction
 This Complaint is deemed filed on the date stamped by the Clerk of Court. Jurisdiction and venue are proper in this Court as pled infra.

2. DEFINITIONS

For the limited purpose of this pleading:
“Decedent” – [Decedent’s Full Name], deceased.
“PR” – the Personal Representative of Decedent’s Estate.
“Statutory Beneficiaries” – those persons identified in Mont. Code Ann. § 27-1-513(2).
“Wrongful Acts” – the negligent, reckless, or otherwise actionable conduct of Defendant described herein.

3. OPERATIVE ALLEGATIONS

3.1 Background Facts

1. On [Date], at approximately [Time], Decedent was [describe activity] near [Location].
 2. Defendant owed Decedent a duty of reasonable care, including but not limited to [describe duties].
 3. Defendant breached said duties by [specific conduct/omissions].
 4. As a direct and proximate result, Decedent sustained injuries leading to death on [Date of Death].

3.2 Damages to Statutory Beneficiaries
 Plaintiff and Statutory Beneficiaries have suffered pecuniary and non-pecuniary losses, including loss of care, comfort, society, guidance, funeral expenses, and such other losses recoverable under Montana law.

4. REPRESENTATIONS & WARRANTIES

(Jurisdiction, Venue, & Capacity Allegations)
4.1 Subject-Matter Jurisdiction – This Court has jurisdiction pursuant to Mont. Const. art. VII, § 4 and Mont. Code Ann. § 3-5-302.
4.2 Personal Jurisdiction – Defendant resides, transacts business, and/or committed tortious acts in Montana.
4.3 Venue – Venue lies in [County] under Mont. Code Ann. § 25-2-122(1).
4.4 Capacity – Plaintiff has legal capacity to sue in both representative and individual capacities.

5. COVENANTS & RESTRICTIONS

5.1 Statutory Preconditions – All notice requirements, if any, have been satisfied.
5.2 Survival of Claims – Causes of action that accrued to Decedent prior to death are preserved under §§ 27-1-501 – 505, M.C.A.

6. DEFAULTS & REMEDIES (CAUSES OF ACTION)

COUNT I – WRONGFUL DEATH (Negligence)

6.1 Plaintiff realleges paragraphs 1–5 as if set forth fully herein.
6.2 Defendant owed and breached duties of care owed to Decedent.
6.3 The breach was the direct and proximate cause of Decedent’s death.
6.4 Plaintiff seeks all damages recoverable under § 27-1-323 & § 27-1-513, M.C.A., including but not limited to:
 a. Medical and funeral expenses;
 b. Loss of consortium, society, and companionship;
 c. Loss of future earnings and net accumulations;
 d. Any other damages allowed by Montana law.

COUNT II – SURVIVAL ACTION (Negligence)

6.5 Plaintiff realleges paragraphs 1–5.
6.6 Under §§ 27-1-501 – 505, M.C.A., all causes of action possessed by Decedent prior to death survive.
6.7 Plaintiff seeks damages for Decedent’s conscious pain and suffering, lost earnings, and other survivable damages.

COUNT III – PUNITIVE DAMAGES

6.8 Pursuant to § 27-1-221, M.C.A., Defendant acted with actual fraud or malice as defined by statute; punitive damages are therefore warranted.

7. RISK ALLOCATION – PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendant as follows:
a. Compensatory damages in an amount to be determined by the trier of fact;
b. Survival damages as allowed by law;
c. Punitive damages subject to the statutory cap in § 27-1-220(3), M.C.A.;
d. Costs of suit, pre- and post-judgment interest;
e. Reasonable attorney fees where authorized; and
f. Such further relief as the Court deems just and proper.

8. DISPUTE RESOLUTION

8.1 Governing Law – The substantive law of the State of Montana applies.
8.2 Forum Selection – This District Court retains exclusive jurisdiction.
8.3 Arbitration – Not applicable unless all parties stipulate pursuant to Mont. Code Ann. § 27-5-111.
8.4 Jury Demand – Plaintiff demands trial by jury on all issues triable as of right under Mont. R. Civ. P. 38.
8.5 Injunctive Relief – Reserved as allowable by law.

9. GENERAL PROVISIONS

9.1 Amendment – Plaintiff reserves the right to amend this Complaint pursuant to Mont. R. Civ. P. 15.
9.2 Severability – If any claim is dismissed, remaining claims survive to the fullest extent.
9.3 Integration – This pleading constitutes the complete statement of Plaintiff’s claims at this stage.

10. EXECUTION BLOCK

Dated: [DATE]

Respectfully submitted,

___________________________________
[ATTORNEY NAME], Esq.
[Law Firm]
[Bar No.]
[Address]
[Telephone] | [Email]
ATTORNEY FOR PLAINTIFF

11. VERIFICATION & CERTIFICATION

I, [Plaintiff’s Name], under penalty of perjury, verify that I have read the foregoing Complaint and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

___________________________________
[PLAINTIFF NAME]
Personal Representative & Statutory Beneficiary

STATE OF MONTANA )
: ss.
COUNTY OF ☐ )

Subscribed and sworn before me on this ___ day of __________, 20__, by [Plaintiff].

___________________________________
Notary Public for the State of Montana
Residing at: [City]
My commission expires: [Date]