Wrongful Death Complaint - North Carolina

COMPLAINT FOR WRONGFUL DEATH

STATE OF NORTH CAROLINA

COUNTY OF [COUNTY] — IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO. [________________________________]

COMPLAINT FOR WRONGFUL DEATH

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

1. 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.
2. 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.
3. Governing Law. All claims asserted herein arise under the substantive law of the State of North Carolina.
4. 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.
“Surviving Claim” refers only to a demand preserved under N.C. Gen. Stat. § 28A-18-1 that is independent of, and does not duplicate, a damage item recoverable under § 28A-18-2(b).

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.

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 – INDEPENDENT SURVIVING CLAIM, IF ANY (N.C. Gen. Stat. § 28A-18-1)

5.4 Plaintiff realleges and incorporates by reference Paragraphs 1-5.3.
5.5 [Identify the independent pre-death demand, if one exists.] This count does not seek a second recovery for care, treatment, hospitalization, pain and suffering, or any other item already requested under N.C. Gen. Stat. § 28A-18-2(b). Delete this count if no independent surviving demand exists.

VI. DAMAGES

6.1 Pursuant to N.C. Gen. Stat. § 28A-18-2(b), Plaintiff seeks the following categories of damages, in the order enumerated by the statute:
a. Expenses for the care, treatment, and hospitalization of Decedent incident to the injury resulting in death;
b. Compensation for the pain and suffering of Decedent;
c. The reasonable funeral expenses of Decedent;
d. The present monetary value of Decedent to the persons entitled to receive the damages recovered, including but not limited to compensation for the loss of the reasonably expected:

1. Net income of Decedent;
2. Services, protection, care, and assistance of Decedent, whether voluntary or obligatory, to the persons entitled to the damages recovered;
3. Society, companionship, comfort, guidance, kindly offices, and advice of Decedent to the persons entitled to the damages recovered;
   e. Such punitive damages as Decedent could have recovered pursuant to Chapter 1D of the General Statutes had Decedent survived, and punitive damages for wrongfully causing the death of Decedent through malice or willful or wanton conduct, as defined in N.C. Gen. Stat. § 1D-5, subject to the standards of N.C. Gen. Stat. § 1D-15;
   f. Nominal damages, if the jury so finds.

6.2 North Carolina imposes no statutory cap on the compensatory damages recoverable in this wrongful death action. Any punitive damages awarded are subject to the limitation in N.C. Gen. Stat. § 1D-25(b) (the greater of three times compensatory damages or $250,000), unless an exception under N.C. Gen. Stat. § 1D-26 (driving while impaired) or § 1D-27 (injury to certain energy, water, wastewater, or manufacturing facilities) applies.

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

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: [__/__/____]

X. SIGNATURE BLOCK

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

OPTIONAL ARBITRATION STATEMENT

"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."

END OF COMPLAINT