Wrongful Death Complaint - North Dakota

In the District Court of the State of North Dakota

[JUDICIAL DISTRICT] Judicial District, [COUNTY] County

Complaint for Wrongful Death

Jury trial demanded on issues triable of right by a jury

Parties and authority to sue

1. Plaintiff [NAME] is Decedent's [surviving spouse / surviving child / surviving parent / surviving grandparent / duly appointed personal representative / person with primary physical custody of Decedent before the wrongful act]. [State residence and, if personal representative, appointing court and case number.]

2. Plaintiff is entitled to bring this action under N.D. Cent. Code § 32-21-03 because [no person in a higher-priority category exists / identify the higher-priority person, the date and manner of Plaintiff's demand that the person bring the action, and that person's refusal or neglect for 30 days after demand].

3. Defendant [NAME] is [an individual residing at ADDRESS / an entity organized under the law of STATE with its principal place of business at ADDRESS]. [Identify each additional defendant and its conduct.]

Jurisdiction and venue

4. This Court has jurisdiction over this civil action under N.D. Cent. Code § 27-05-06(2). Defendant is subject to this Court's jurisdiction because [plead facts establishing residence, business activity, or conduct connected to North Dakota and this claim].

5. Venue is proper in [COUNTY] County because [select the supported route: Defendant resided here when this action commenced, § 28-04-05 / a domestic corporate or LLC Defendant transacts business here, § 28-04-04 / this claim against a motor-vehicle owner or driver arose from negligent vehicle operation and arose here, § 28-04-03.1]. [Plead supporting facts.]

Facts

6. On [DATE], at [LOCATION], Decedent [describe the event and resulting injury].

7. Defendant [describe each wrongful act, neglect, or default, including the duty and conduct at issue].

8. Had Decedent survived, that conduct would have entitled Decedent to maintain an action against Defendant and recover damages because [state the claim's material facts].

9. Defendant's conduct caused Decedent's death on [DATE OF DEATH]. [State the causal sequence and any intervening facts relevant to the claim.]

10. The persons injured by the death include [identify the persons and describe their relationship to Decedent and resulting losses].

Count I — Wrongful death

11. Plaintiff incorporates paragraphs 1 through 10.

12. Defendant's wrongful act, neglect, or default caused Decedent's death and gives rise to liability under N.D. Cent. Code § 32-21-01.

13. The persons entitled to recovery suffered injury resulting from the death, including [describe provable economic loss] and [describe provable noneconomic loss]. Plaintiff seeks damages proportionate to that injury under N.D. Cent. Code § 32-21-02 and recoverable economic and noneconomic damages under § 32-03.2-04.

14. Any recovery under this count is for Decedent's heirs at law in shares fixed by the Court under N.D. Cent. Code § 32-21-04 and is not liable for Decedent's debts.

Prayer for relief

15. Plaintiff requests economic damages in the amount proved at trial;

16. Plaintiff requests noneconomic damages of a reasonable sum but not less than fifty thousand dollars, under N.D. Cent. Code § 32-03.2-07;

17. Plaintiff requests costs and interest to the extent allowed by law; and

18. Plaintiff requests allocation of the recovery among Decedent's heirs at law as the Court fixes under N.D. Cent. Code § 32-21-04.

Jury demand

19. Under N.D.R.Civ.P. 38(b), Plaintiff demands a jury trial on all issues triable of right by a jury. Plaintiff will serve and file this demand as the rule requires.

Dated: [__/__/____]

[ATTORNEY NAME], Attorney for Plaintiff

North Dakota State Board of Law Examiners ID: [NUMBER]

[LAW FIRM], [ADDRESS]

Email for electronic service: [EMAIL]

Telephone: [NUMBER]