Wrongful Death Complaint - New York

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF [COUNTY]

Index No.: ______________

VERIFIED COMPLAINT

TABLE OF CONTENTS

1. Preliminary Statement .............................................. 2
2. Parties ............................................................ 2
3. Jurisdiction and Venue ............................................. 3
4. Definitions ........................................................ 3
5. Factual Allegations ................................................ 4

6. Causes of Action
   6.1 First Cause of Action – Wrongful Death ........................ 7
   6.2 Second Cause of Action – Survival / Conscious Pain & Suffering 8
   6.3 Third Cause of Action – Negligence (in the alternative) ....... 9

7. Damages Sought .................................................... 10

8. Demand for Jury Trial ............................................. 11
9. WHEREFORE Clause .................................................. 11
10. Reservation of Rights ............................................. 12
11. Designation of Counsel of Record .................................. 12
12. Verification ...................................................... 13

1. PRELIMINARY STATEMENT

1.1 This is a civil action for wrongful death pursuant to N.Y. Est. Powers & Trusts Law (EPTL) § 5-4.1 and for the decedent's personal injury claims that survived death pursuant to EPTL §§ 11-3.2(b) and 11-3.3.
1.2 Plaintiff seeks fair and just compensation for the pecuniary losses sustained by the statutory distributees, for funeral and burial expenses, for the decedent's conscious pain and suffering, and for such punitive damages as the facts may warrant. Under current New York law, damages recoverable in the wrongful death cause of action itself are limited to pecuniary injuries; damages for grief, mental anguish, or loss of companionship of survivors are not recoverable under EPTL § 5-4.3.

2. PARTIES

2.1 Plaintiff [PLAINTIFF ADMINISTRATOR NAME] (“Plaintiff”), is a resident of [COUNTY, STATE], over 18 years of age, and was duly appointed [Executor/Administrator] of the Estate of [DECEDENT] by the Surrogate's Court of [COUNTY], pursuant to SCPA § 1001 et seq., on [APPOINTMENT DATE], File No. [___________].
2.2 Decedent [DECEDENT FULL LEGAL NAME] (“Decedent”) died on [DATE OF DEATH] in [CITY/STATE].
2.3 Upon information and belief, Defendant [DEFENDANT 1] is a [CORPORATE FORM] organized under the laws of [STATE] with its principal place of business at [ADDRESS] and was at all relevant times engaged in [DESCRIPTION OF BUSINESS/ACTIVITY].
2.4 Upon information and belief, Defendant [DEFENDANT 2] …

3. JURISDICTION AND VENUE

3.1 This Court has subject-matter jurisdiction under N.Y. Const. art. VI, § 7, which vests the Supreme Court with general original jurisdiction in law and equity, unlimited by any jurisdictional-minimum amount in controversy. The Surrogate's Court of [COUNTY], separately, has jurisdiction over the appointment of Plaintiff as personal representative under SCPA § 1001 et seq., but this civil tort action is properly brought in the Supreme Court.
3.2 Personal jurisdiction lies over all Defendants pursuant to CPLR §§ 301 and 302 in that each Defendant transacts business, commits tortious acts, and/or derives substantial revenue within the State of New York.
3.3 Venue is proper in [COUNTY] under CPLR § 503(a) because one or more parties resided in this County when the action was commenced. [If no party then resided in New York, plead Plaintiff's county designation; check special venue statutes.]

4. DEFINITIONS

Unless the context clearly indicates otherwise, the following terms have the meanings set forth below:
4.1 “Action” means this civil proceeding entitled above.
4.2 “Administrator” or “Executor” means the court-appointed fiduciary empowered to prosecute this Action on behalf of the Estate.
4.3 “Beneficiaries” means Decedent’s statutory distributees eligible to share in any recovery under EPTL § 5-4.4.
4.4 “Defendants” collectively refers to all persons or entities named as defendants in this Action, including their agents, servants, and/or employees.
4.5 “Estate” means the probate or administration estate of Decedent pending in the Surrogate's Court of [COUNTY], File No. [___________].

5. FACTUAL ALLEGATIONS

5.1 On or about [DATE], Decedent was lawfully present at [LOCATION] when [DETAILED FACTUAL SCENARIO].
5.2 At said time and place, Defendants owed Decedent a duty of reasonable care, including but not limited to [SPECIFY DUTIES: e.g., maintaining premises, providing medical treatment in accord with accepted standards, operating a motor vehicle safely].
5.3 Defendants breached said duties by [ACTS / OMISSIONS].
5.4 As a direct and proximate result of Defendants’ negligence and other wrongful conduct, Decedent sustained severe injuries causing conscious pain and suffering and, ultimately, death on [DATE OF DEATH].
5.5 Plaintiff complied with all statutory prerequisites to suit, including timely appointment as personal representative and service of the Notice of Claim where required.

6. CAUSES OF ACTION

6.1 First Cause of Action – Wrongful Death (EPTL § 5-4.1)

6.1.1 Plaintiff repeats and realleges ¶¶ 1–5.5 as though fully set forth herein.
6.1.2 Under EPTL § 5-4.1, Defendants are liable for the pecuniary injuries suffered by the Beneficiaries as a result of Decedent’s death.
6.1.3 Such pecuniary injuries include, without limitation, loss of support, voluntary assistance, possible inheritance, funeral expenses, and the value of parental nurturing/guidance to minor children.
6.1.4 By reason of the foregoing, Plaintiff demands judgment in an amount to be determined by the trier of fact, together with interest from the date of death pursuant to EPTL § 5-4.3.

6.2 Second Cause of Action – Survival / Conscious Pain & Suffering (EPTL §§ 11-3.2(b), 11-3.3)

6.2.1 Plaintiff repeats and realleges ¶¶ 1–6.1.4.
6.2.2 Decedent sustained conscious pain and suffering between [INJURY DATE] and [DATE OF DEATH].
6.2.3 Decedent's personal-injury cause of action did not abate upon death and survives in favor of the Estate under EPTL § 11-3.2(b); the damages recoverable in this survival action are limited to those accruing before death, including conscious pain and suffering and reasonable funeral expenses, pursuant to EPTL § 11-3.3(a). This survival cause of action is separate and distinct from the wrongful death cause of action pleaded above, and, pursuant to EPTL § 11-3.3(b), may be prosecuted to judgment in a single action together with the First Cause of Action, with a separate verdict rendered as to each.
6.2.4 Plaintiff demands judgment for such pain and suffering in an amount to be proven at trial.

6.3 Third Cause of Action – Negligence (Pled in the Alternative)

6.3.1 Plaintiff repeats and realleges ¶¶ 1–6.2.4.
6.3.2 Defendants owed Decedent duties of reasonable care as described above and breached those duties.
6.3.3 Defendants’ negligence was the proximate cause of Decedent’s injuries and resulting damages.
6.3.4 Plaintiff is entitled to all legally recoverable damages flowing therefrom.

7. DAMAGES SOUGHT

7.1 Pecuniary losses to Beneficiaries, including loss of earnings, services, and guidance.
7.2 Medical expenses incurred on Decedent’s behalf.
7.3 Funeral and burial expenses.
7.4 Conscious pain and suffering experienced by Decedent.
7.5 Interest from the date of death as mandated by EPTL § 5-4.3.
7.6 Punitive damages where Defendants’ conduct was willful, wanton, or showed reckless disregard for safety, as permitted by EPTL § 5-4.3(b).

7.7 New York imposes no general statutory cap on compensatory wrongful death damages; recovery on the pecuniary-loss elements above is limited only by the fair-and-just-compensation standard of EPTL § 5-4.3(a) and by any claim-specific limitation applicable to a particular defendant (e.g., a municipal or public-entity defendant subject to General Municipal Law § 50-e notice-of-claim requirements, or a medical/dental malpractice defendant subject to the tax-consequence proof requirements of EPTL § 5-4.3(c)).

8. DEMAND FOR JURY TRIAL

Pursuant to N.Y. Const. art. I, § 2 and CPLR § 4102(a), Plaintiff demands a trial by jury of all issues so triable.

9. WHEREFORE CLAUSE

WHEREFORE, Plaintiff respectfully demands judgment against Defendants, jointly and severally, as follows:
A. Pecuniary damages in an amount to be determined at trial, together with statutory interest;
B. Damages for Decedent’s conscious pain and suffering;
C. Punitive damages as the evidence may warrant;
D. Costs, disbursements, and reasonable attorneys’ fees as allowed by law; and
E. Such other and further relief as the Court deems just and proper.

10. RESERVATION OF RIGHTS

Plaintiff expressly reserves the right to amend this Verified Complaint to assert additional claims and to add parties as discovery may reveal.

11. DESIGNATION OF COUNSEL OF RECORD

PLEASE TAKE NOTICE that the undersigned is designated as trial counsel in this Action.

12. VERIFICATION

[PLAINTIFF ADMINISTRATOR NAME], being duly sworn, deposes and says: I am the Plaintiff in the within action; I have read the foregoing Verified Complaint and know the contents thereof; the same are true to my knowledge, except as to matters stated to be alleged upon information and belief, and as to those matters I believe them to be true.

_____________________________
[PLAINTIFF ADMINISTRATOR NAME]
[Executor/Administrator] of the Estate of [DECEDENT]

Sworn to before me this ___ day of __________ 20___

_____________________________
Notary Public