Wrongful Death Complaint

WRONGFUL DEATH COMPLAINT

State of Nevada – District Court

TABLE OF CONTENTS

1. Caption & Counsel Identification

2. NRCP 7(a) Complaint
   2.1. Parties
   2.2. Jurisdiction & Venue
   2.3. Statement of Facts

3. First Cause of Action – Wrongful Death (NRS 41.085)

4. Second Cause of Action – Survival (NRS 41.100)
5. Damages Allegations & Statutory Caps
6. Prayer for Relief
7. Demand for Jury Trial
8. Reservation of Rights
9. Verification (Optional)
10. Affirmation re Personal Data (NRS 239B.030)
11. Signature Block

1. CAPTION & COUNSEL IDENTIFICATION

[ATTORNEY NAME], Esq.
Nevada Bar No. [BAR #]
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Plaintiff(s)

IN THE _______________ JUDICIAL DISTRICT COURT
OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF [COUNTY]

____________________________________
[PLAINTIFF NAME(S)], individually and as [heir/Personal Representative] of the ESTATE OF [DECEDENT NAME],
Plaintiff(s),
v. Case No. __________
Dept. No. _________
[DEFENDANT NAME(S)],
Defendant(s).
____________________________________/

COMPLAINT FOR:

1. WRONGFUL DEATH (NRS 41.085)
2. SURVIVAL ACTION (NRS 41.100)
   DEMAND FOR JURY TRIAL

2. NRCP 7(a) COMPLAINT

2.1 Parties

1. Plaintiff [PLAINTIFF NAME] (the “Plaintiff”) is an individual and a statutory heir of [DECEDENT NAME] (“Decedent”) within the meaning of Nev. Rev. Stat. § 41.085(1).
2. Plaintiff [PERSONAL REPRESENTATIVE], in the capacity of Personal Representative of the Estate of Decedent, is authorized to bring a survival claim under Nev. Rev. Stat. § 41.100.
3. Defendant [DEFENDANT NAME] (“Defendant”) is a [corporation/individual/etc.] doing business in the State of Nevada and subject to this Court’s jurisdiction.
4. At all relevant times, each Defendant acted individually, jointly, and/or through agents under the doctrine of respondeat superior.

2.2 Jurisdiction & Venue

5. This Court has subject-matter jurisdiction pursuant to Nev. Const. art. 6, § 6 and NRS 41.085.
6. Venue is proper in this County under NRS 13.040 because the wrongful act occurred herein and Defendant resides and/or conducts business in this County.
7. The amount in controversy exceeds $50,000, thereby exempting this action from Nevada’s Court-Annexed Arbitration Program unless the parties stipulate otherwise.

2.3 Statement of Facts

8. On or about [DATE], Decedent was lawfully present at [LOCATION].

9. Defendant negligently, recklessly, and/or intentionally committed the following acts and omissions:
   a. [FACT 1]
   b. [FACT 2]
   c. [FACT 3]

10. As a direct and proximate result, Decedent suffered fatal injuries, ultimately causing death on [DATE].

11. Plaintiff(s) have satisfied all conditions precedent to the commencement of this action, including the appointment of a Personal Representative on [DATE] in Probate Case No. [CASE #].

3. FIRST CAUSE OF ACTION – WRONGFUL DEATH

(Against All Defendants – Nev. Rev. Stat. § 41.085)

12. Plaintiff realleges paragraphs 1–11 as if fully set forth herein.
13. Defendant owed Decedent a duty of reasonable care.
14. Defendant breached that duty as described above.
15. The breach was the actual and proximate cause of Decedent’s death.
16. Pursuant to NRS 41.085(4), Plaintiff(s) as statutory heirs are entitled to recover:
    a. Special damages for medical expenses and funeral costs;
    b. Damages for grief, sorrow, loss of support, companionship, society, comfort and consortium; and
    c. Punitive damages, where proven appropriate.

4. SECOND CAUSE OF ACTION – SURVIVAL

(Against All Defendants – Nev. Rev. Stat. § 41.100)

17. Plaintiff realleges paragraphs 1–16 as if fully set forth herein.
18. Decedent endured conscious pain and suffering prior to death, giving rise to a survival claim.
19. Under NRS 41.100(1), the Estate may recover all damages Decedent could have recovered had death not ensued, including:
    a. Pain and suffering;
    b. Property loss;
    c. Economic damages.

5. DAMAGES ALLEGATIONS & STATUTORY CAPS

20. Plaintiff(s) seek economic and non-economic damages in an amount to be proven at trial and within the jurisdiction of this Court.
21. To the extent this action involves a medical provider, Plaintiff acknowledges the non-economic damages cap of $350,000 under Nev. Rev. Stat. § 41A.035.
22. Plaintiff(s) reserve the right to seek punitive damages as permitted by NRS 41.085(4).

6. PRAYER FOR RELIEF

WHEREFORE, Plaintiff(s) respectfully request that judgment be entered in their favor and against Defendant(s) as follows:
A. General and special damages in excess of $[AMOUNT];
B. Pain and suffering damages pursuant to NRS 41.085 & 41.100;
C. Medical, funeral, and burial expenses according to proof;
D. Loss of support, companionship, and consortium damages;
E. Punitive damages where allowed by law;
F. Pre- and post-judgment interest as allowed by NRS 17.130;
G. Reasonable attorney’s fees and costs of suit; and
H. Such other and further relief as the Court deems just and proper.

7. DEMAND FOR JURY TRIAL

Pursuant to NRCP 38(b) and Nev. Const. art. 1, § 3, Plaintiff hereby demands a trial by jury on all triable issues.

8. RESERVATION OF RIGHTS

Plaintiff(s) reserve the right to amend this Complaint to conform to the evidence and to add additional parties or claims as discovery progresses.

9. VERIFICATION (OPTIONAL)

STATE OF NEVADA )
) ss.
COUNTY OF [COUNTY] )

I, [PLAINTIFF NAME], being first duly sworn, depose and say:
I am the Plaintiff in the foregoing Complaint; I have read the Complaint and know the contents thereof; the same is true of my own knowledge, except as to those matters stated on information and belief, and as to those matters, I believe them to be true.

_____________________________
[PLAINTIFF NAME]

SUBSCRIBED and SWORN before me
this ___ day of __________, 20__.

_____________________________
Notary Public

10. AFFIRMATION RE PERSONAL DATA (NRS 239B.030)

Pursuant to NRS 239B.030, the undersigned does hereby affirm that this document does not contain the social security number of any person.

11. SIGNATURE BLOCK

DATED this ___ day of __________, 20__.

Respectfully submitted,

_________________________________
[ATTORNEY NAME], Esq.
Nevada Bar No. [BAR #]
Attorney for Plaintiff(s)