COMPLAINT FOR WRONGFUL DEATH
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
STATE OF NORTH CAROLINA
COUNTY OF [COUNTY]
[PLAINTIFF’S NAME], in his/her capacity as the duly-appointed
[Executor/Administrator] of the ESTATE OF [DECEDENT’S FULL LEGAL NAME],
Plaintiff,
v. Civil Action No. ___
[DEFENDANT’S NAME(S)],
Defendant(s).
[// GUIDANCE: Insert additional parties as needed. Confirm correct corporate designations (Inc., LLC, etc.) and registered agent information.]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Parties, Jurisdiction, and Venue
IV. Factual Allegations
V. Causes of Action
VI. Damages
VII. Prayer for Relief
VIII. Jury Demand
IX. Verification
X. Signature Block
I. DOCUMENT HEADER
- Nature of Action. This civil action is brought pursuant to N.C. Gen. Stat. § 28A-18-2 (2023) to recover damages for the wrongful death of [Decedent], who died on [Date of Death] as a direct and proximate result of Defendant’s wrongful acts, neglect, or default.
- Relief Sought. Plaintiff seeks all damages available under North Carolina law, together with such other and further relief as the Court deems just and proper.
- Governing Law. All claims asserted herein arise under the substantive law of the State of North Carolina.
- Forum Selection. Plaintiff files this action in the North Carolina General Court of Justice, Superior Court Division, [County] County.
II. DEFINITIONS
For purposes of this Complaint, the following terms have the meanings set forth below:
“Decedent” means [Decedent’s Full Legal Name], deceased.
“Personal Representative” or “Plaintiff” means [Plaintiff’s Name], the duly-appointed [Executor/Administrator] of the Estate of the Decedent.
“Defendant” means [Defendant’s Name] and includes all officers, employees, agents, successors, and assigns acting within the scope of their authority.
“Eligible Beneficiaries” has the meaning provided in N.C. Gen. Stat. § 28A-18-2(a), including the Decedent’s surviving spouse, children, and others entitled to receive distributions from the Estate under North Carolina’s intestacy statutes.
“Survival Action” refers to claims preserved under N.C. Gen. Stat. § 28A-18-1 (2023).
[// GUIDANCE: Add or modify defined terms to align with case-specific facts.]
III. PARTIES, JURISDICTION, AND VENUE
3.1 Plaintiff. Plaintiff is a resident of [County, State] and brings this action solely in his/her representative capacity. Plaintiff has been issued Letters [Testamentary/Letters of Administration] by the Clerk of Superior Court of [County], File No. [Estate File No.].
3.2 Defendant. Defendant is a [North Carolina corporation/foreign entity/individual] with its principal place of business/residence at [Address] and may be served pursuant to Rule 4 of the North Carolina Rules of Civil Procedure.
3.3 Jurisdiction. This Court has subject-matter jurisdiction under N.C. Const. art. IV and N.C. Gen. Stat. § 7A-240.
3.4 Venue. Venue is proper in [County] County under N.C. Gen. Stat. § 1-82 because Defendant resides in and/or the causes of action arose in this County.
IV. FACTUAL ALLEGATIONS
4.1 On [Date], Defendant [describe negligent act/omission].
4.2 As a direct and proximate result of Defendant’s conduct, Decedent sustained severe injuries leading to his/her death on [Date of Death].
4.3 At all relevant times, Defendant owed Decedent a duty to [describe duty—reasonable care, statutory duty, etc.] and breached that duty as described herein.
4.4 Defendant’s acts and omissions were negligent, reckless, willful, and/or wanton.
4.5 Plaintiff has fully complied with all pre-suit notice requirements, if any.
[// GUIDANCE: Attach exhibits (accident reports, medical records) as needed and reference them here.]
V. CAUSES OF ACTION
COUNT I – WRONGFUL DEATH (N.C. Gen. Stat. § 28A-18-2)
5.1 Plaintiff realleges and incorporates by reference Paragraphs 1-4.5.
5.2 Defendant’s wrongful acts, neglect, or default directly and proximately caused Decedent’s death.
5.3 Plaintiff, for the benefit of the Eligible Beneficiaries, is entitled to recover the damages enumerated in N.C. Gen. Stat. § 28A-18-2(b).
COUNT II – SURVIVAL ACTION (N.C. Gen. Stat. § 28A-18-1)
5.4 Plaintiff realleges and incorporates by reference Paragraphs 1-5.3.
5.5 Any personal injury claims that accrued to Decedent prior to death survive and are recoverable by the Estate.
[// GUIDANCE: Insert additional counts—e.g., Negligence, Negligence Per Se, Gross Negligence, Punitive Damages—tailored to the factual background.]
VI. DAMAGES
6.1 Pursuant to N.C. Gen. Stat. § 28A-18-2(b), Plaintiff seeks:
a. Expenses for the care, treatment, and hospitalization of Decedent incident to the injury;
b. Reasonable funeral expenses;
c. Net income of Decedent, including future earning capacity;
d. Services, protection, care, and assistance of Decedent to the Beneficiaries;
e. Society, companionship, comfort, guidance, kindly offices, and advice of Decedent;
f. Pain and suffering of Decedent;
g. Punitive damages where supported by the evidence and law.
6.2 If applicable, Plaintiff seeks damages up to any statutory cap imposed by law, including but not limited to N.C. Gen. Stat. § 90-21.19 (medical malpractice noneconomic damages).
[// GUIDANCE: Evaluate applicability of statutory caps; address constitutional challenges if necessary.]
VII. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully prays that the Court:
A. Enter judgment in favor of Plaintiff and against Defendant in an amount in excess of $25,000, the exact amount to be proven at trial;
B. Award punitive damages as allowed by N.C. Gen. Stat. § 1D-15;
C. Award pre- and post-judgment interest;
D. Tax all allowable costs against Defendant;
E. Grant such other and further relief as the Court deems just and proper.
VIII. JURY DEMAND
Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right pursuant to Article I, Section 25 of the North Carolina Constitution and Rule 38 of the North Carolina Rules of Civil Procedure.
IX. VERIFICATION
text
STATE OF NORTH CAROLINA )
COUNTY OF [COUNTY] )
[PLAINTIFF’S NAME], being first duly sworn, deposes and says that he/she is the [Executor/Administrator] of the Estate of [Decedent], that he/she has read the foregoing Complaint and knows the contents thereof, and that the same is true of his/her own knowledge except as to those matters stated upon information and belief, and as to those, he/she believes them to be true.
[Plaintiff’s Name]
Sworn to and subscribed before me
this ___ day of _, 20.
Notary Public
My Commission Expires: _______
[// GUIDANCE: Verification is required under Rule 11 for pleadings based on personal knowledge. Confirm local rule variations.]
X. SIGNATURE BLOCK
text
Respectfully submitted this ___ day of _, 20.
[ATTORNEY NAME] (N.C. Bar No. ______)
[LAW FIRM NAME]
[Street Address]
[City, State ZIP]
[Telephone]
[Email]
Counsel for Plaintiff
[// GUIDANCE: Add Rule 11 certification if filing electronically. Include additional counsel lines if necessary.]
OPTIONAL ARBITRATION STATEMENT
[// GUIDANCE: Insert only if parties consent to non-binding or court-ordered mediation/arbitration.]
“Plaintiff is amenable to court-ordered mediated settlement or non-binding arbitration pursuant to N.C. Gen. Stat. § 7A-38.1 and the applicable rules of the North Carolina Dispute Resolution Commission.”
LIMITATION OF INJUNCTIVE RELIEF
[// GUIDANCE: Injunctive relief is atypical in wrongful death actions. If exceptional circumstances exist (e.g., spoliation of evidence), narrowly tailor any requested injunction and cite Rule 65 requirements.]