Wrongful Death Complaint

STATE OF NORTH DAKOTA

_____ JUDICIAL DISTRICT COURT
[COUNTY] COUNTY

COMPLAINT FOR WRONGFUL DEATH AND SURVIVAL ACTION

(N.D.C.C. ch. 32-21; N.D.C.C. § 28-01-26)

Civil No.: _________

[PLAINTIFF PERSONAL REPRESENTATIVE],
in the capacity of Personal Representative of the Estate of [DECEDENT FULL NAME], Deceased,
and on behalf of all Statutory Beneficiaries,
  Plaintiff,

v.

[DEFENDANT NAME],
  Defendant.

JURY TRIAL DEMANDED

TABLE OF CONTENTS

1. Introductory Allegations & Parties
2. Jurisdiction, Venue & Governing Law
3. General Factual Allegations
4. Count I – Wrongful Death (N.D.C.C. ch. 32-21)
5. Count II – Survival Action (N.D.C.C. § 28-01-26)
6. Damages Sought & Statutory Caps
7. Demand for Jury Trial
8. Prayer for Relief
9. Certification & Verification
10. Signature Block

1. INTRODUCTORY ALLEGATIONS & PARTIES

1.1 Plaintiff. [PLAINTIFF NAME] (“Plaintiff”) is the duly appointed Personal Representative of the Estate of [DECEDENT NAME] (the “Decedent”) pursuant to Letters Testamentary/Letters of Administration issued by the [COUNTY] County District Court, file no. [PROBATE FILE NUMBER], and is authorized to prosecute this action for the exclusive benefit of the statutory beneficiaries identified in North Dakota Century Code (“N.D.C.C.”) § 32-21-02.

1.2 Statutory Beneficiaries. The known statutory beneficiaries include:
 a. [NAME], surviving spouse of Decedent;
 b. [NAME(S)], surviving child(ren) of Decedent;
 c. [NAME(S)], surviving parent(s) of Decedent;
 d. [NAME], personal representative of Decedent’s Estate (if different from Plaintiff).

1.3 Defendant. [DEFENDANT NAME] (“Defendant”) is a [corporation/individual/other] organized under the laws of [STATE] with its principal place of business/residence at [ADDRESS] and transacting business in [COUNTY] County, North Dakota.

1.4 Relationship. At all relevant times, Defendant owed Decedent duties of reasonable care as more fully set forth herein.

2. JURISDICTION, VENUE & GOVERNING LAW

2.1 Subject-Matter Jurisdiction. This Court has subject-matter jurisdiction under N.D. Const. art. VI, § 8 and N.D.C.C. § 27-05-06 because the amount in controversy exceeds $50,000 and the causes of action arise under state law.

2.2 Personal Jurisdiction. Defendant is subject to personal jurisdiction in North Dakota pursuant to N.D.C.C. § 28-01.1-03 because Defendant [is domiciled in / maintains its principal place of business in / committed tortious acts within] North Dakota.

2.3 Venue. Venue is proper in this County under N.D.C.C. § 28-04-01 because the wrongful acts occurred here and/or Defendant resides or does business here.

2.4 Governing Law. This action is governed exclusively by North Dakota state wrongful-death and survival statutes, decisional law, and the North Dakota Rules of Civil Procedure.

3. GENERAL FACTUAL ALLEGATIONS

3.1 On [DATE], at approximately [TIME], Decedent was [brief factual narrative: location, circumstances, and mechanism of injury].

3.2 Defendant [describe negligent, reckless, or intentional conduct], breaching duties of care owed to Decedent.

3.3 As a direct and proximate result of Defendant’s conduct, Decedent sustained severe injuries causing death on [DATE OF DEATH].

3.4 All statutory prerequisites to suit have been satisfied or waived, including the timely appointment of Plaintiff as Personal Representative and compliance with the two-year statute of limitations prescribed by N.D.C.C. § 32-21-04 and/or § 28-01-18.

4. COUNT I – WRONGFUL DEATH

(Against All Defendants)

4.1 Plaintiff realleges and incorporates paragraphs 1.1 through 3.4 as though fully set forth herein.

4.2 Under N.D.C.C. §§ 32-21-01 to -03, whenever the death of a person is caused by the wrongful act, neglect, or default of another and would have entitled the decedent to maintain an action had death not ensued, the liable party is answerable in damages.

4.3 Defendant’s wrongful acts and omissions constitute negligence/negligence per se/[other theory], directly causing Decedent’s death.

4.4 Pursuant to N.D.C.C. § 32-21-02, Plaintiff, for the exclusive benefit of the above-named beneficiaries, seeks all recoverable damages, including but not limited to:
 a. Pecuniary loss, including loss of support, services, and prospective inheritance;
 b. Non-economic damages for loss of society, companionship, comfort, guidance, and consortium;
 c. Reasonable funeral, burial, and related expenses; and
 d. Pre- and post-judgment interest as allowed by law.

5. COUNT II – SURVIVAL ACTION

(Against All Defendants)

5.1 Plaintiff realleges and incorporates paragraphs 1.1 through 4.4.

5.2 Under N.D.C.C. § 28-01-26, causes of action for personal injury survive the death of the person entitled or liable.

5.3 Prior to death, Decedent endured conscious pain, suffering, and mental anguish as a result of Defendant’s conduct.

5.4 Plaintiff, on behalf of the Estate, seeks all damages recoverable under the survival statute, including but not limited to:
 a. Decedent’s pre-death pain and suffering;
 b. Medical and hospitalization expenses incurred prior to death;
 c. Lost wages and loss of earning capacity between injury and death; and
 d. Any property damage arising from the incident.

6. DAMAGES SOUGHT & STATUTORY CAPS

6.1 Economic and Non-Economic Damages. Plaintiff seeks judgment for all economic and non-economic damages as permitted by N.D.C.C. ch. 32-21 and common law.

6.2 Statutory Damage Caps. To the extent any statutory limitation on non-economic damages applies—such as the cap set forth in N.D.C.C. § 32-03.2-06 for medical malpractice claims—Plaintiff hereby places Defendant on notice of Plaintiff’s intent to seek the maximum amount allowable by law and to reserve all rights to challenge the constitutionality or applicability of any such cap.

6.3 Punitive Damages. Plaintiff reserves the right to move to amend this Complaint to assert punitive damages pursuant to N.D.C.C. § 32-03.2-11 upon a prima facie showing of oppression, fraud, or malice.

7. DEMAND FOR JURY TRIAL

Pursuant to N.D. R. Civ. P. 38 and Article I, § 13 of the North Dakota Constitution, Plaintiff demands a trial by jury on all issues so triable.

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendant as follows:

a. Compensatory damages in an amount to be proven at trial, allocated among statutory beneficiaries as determined by the Court;
b. Survival damages payable to the Estate;
c. Costs of suit, including expert-witness fees as permitted;
d. Pre- and post-judgment interest at the highest lawful rate;
e. Such other and further relief, legal or equitable, as the Court deems just.

9. CERTIFICATION & VERIFICATION

9.1 Rule 11 Certification. The undersigned counsel certifies that he/she has read the foregoing Complaint and, to the best of counsel’s knowledge, information, and belief, formed after reasonable inquiry, it is well-grounded in fact and warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, and it is not interposed for any improper purpose.

9.2 Verification. [OPTIONAL – include if client verification desired or required.]

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the State of North Dakota that the foregoing factual allegations are true and correct to the best of my knowledge, information, and belief.

Date: _________      _________________________________
            [PLAINTIFF NAME]

10. SIGNATURE BLOCK

Respectfully submitted this ___ day of __________, 20__.

[LAW FIRM NAME]
[ADDRESS]
[PHONE] / [FAX]
[EMAIL]

By: _________________________________
  [ATTORNEY NAME] (#________)
  Attorneys for Plaintiff

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