Wrongful Death Complaint

IN THE DISTRICT COURT OF [COUNTY] COUNTY

STATE OF OKLAHOMA

Case No.: CV-20[YY]-____
Judge: ________________________________

VERIFIED PETITION FOR WRONGFUL DEATH AND SURVIVAL ACTION

(Okla. Stat. tit. 12, §§ 1051, 1053)

TABLE OF CONTENTS

1. Parties .................................................................................... 2
2. Jurisdiction and Venue ............................................................ 2
3. Preliminary Allegations & Definitions ..................................... 3
4. Factual Background ................................................................ 4
5. First Cause of Action – Wrongful Death (12 O.S. § 1053) ................ 6
6. Second Cause of Action – Survival (12 O.S. § 1051) ........................ 8
7. Damages ................................................................................ 9
8. Prayer for Relief .................................................................... 11
9. Demand for Jury Trial ............................................................. 12
10. Reservation of Rights to Amend ............................................ 12
11. Verification ............................................................................ 13
12. Signature Block .................................................................... 14

1. PARTIES

1.1 Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is the duly appointed Personal Representative of the Estate of [DECEDENT NAME] (the “Decedent”) by Order of the District Court of [COUNTY] County, Oklahoma, Case No. [PROBATE CASE NO.], filed on [DATE].

1.2 Decedent was a resident of [CITY], Oklahoma, and passed away on [DATE OF DEATH].

1.3 Defendant [DEFENDANT NAME 1] (“[Short Name]”) is a [corporation/limited liability company/individual] with its principal place of business at [ADDRESS] and may be served with process through its registered agent, [AGENT NAME & ADDRESS].

1.4 Defendant [DEFENDANT NAME 2], if any, is [describe].

2. JURISDICTION AND VENUE

2.1 This Court has subject-matter jurisdiction over this action pursuant to Okla. Const. art. VII, § 7, and Okla. Stat. tit. 12, § 2002.

2.2 Personal jurisdiction exists because each Defendant conducts substantial, continuous, and systematic business in Oklahoma and the acts and omissions complained of occurred in this State.

2.3 Venue is proper in [COUNTY] County under Okla. Stat. tit. 12, § 139 because the cause of action arose in this county and/or Defendants reside or may be served here.

3. PRELIMINARY ALLEGATIONS & DEFINITIONS

3.1 “Beneficiaries” means those persons entitled to recover damages under Okla. Stat. tit. 12, § 1053(B), including the Decedent’s [spouse, children, and/or parents] (the “Statutory Beneficiaries”).

3.2 “Economic Damages” include, without limitation:
a. Medical, funeral, and burial expenses;
b. Loss of Decedent’s anticipated income, services, and support.

3.3 “Non-Economic Damages” include, without limitation:
a. Grief, loss of consortium, companionship, and guidance;
b. Mental pain and anguish suffered by Beneficiaries.

3.4 “Survival Damages” means damages recoverable by the Estate for Decedent’s pre-death pain, suffering, and other losses pursuant to Okla. Stat. tit. 12, § 1051.

4. FACTUAL BACKGROUND

4.1 On [DATE], at approximately [TIME], Decedent was lawfully present at/on [LOCATION].

4.2 At that time and place, Defendant[s] negligently, carelessly, and/or recklessly [describe wrongful conduct—e.g., operated a motor vehicle while distracted, manufactured a defective product, failed to maintain safe premises].

4.3 As a direct and proximate result of Defendants’ wrongful acts and omissions, Decedent sustained severe injuries leading to death on [DATE OF DEATH].

4.4 Plaintiff has complied with all statutory prerequisites, including appointment as Personal Representative and, if applicable, pre-suit notice requirements.

5. FIRST CAUSE OF ACTION – WRONGFUL DEATH

(Okla. Stat. tit. 12, § 1053)

5.1 Plaintiff realleges and incorporates by reference paragraphs 1 through 4 as though fully set forth herein.

5.2 Okla. Stat. tit. 12, § 1053(A) authorizes the Personal Representative to maintain an action when the death of one is caused by the wrongful act or omission of another.

5.3 Defendants owed Decedent a duty of reasonable care [or statutory duty, specify].

5.4 Defendants breached said duty by [specific negligent acts/omissions].

5.5 Defendants’ breach directly and proximately caused Decedent’s death.

5.6 Under § 1053(B), Beneficiaries are entitled to recover:

a. Medical and burial expenses;
b. Loss of consortium and grief of the surviving spouse;
c. Mental pain and anguish of the Beneficiaries;
d. Pecuniary loss to Beneficiaries;
e. Punitive damages as justice and example require.

5.7 To the extent applicable, Plaintiff pleads compliance with the statutory noneconomic damages cap codified at Okla. Stat. tit. 23, § 61.2, and reserves the right to demonstrate any statutory exception thereto.

6. SECOND CAUSE OF ACTION – SURVIVAL

(Okla. Stat. tit. 12, § 1051)

6.1 Plaintiff realleges and incorporates by reference paragraphs 1 through 5.

6.2 Pursuant to § 1051, the Estate is entitled to recover damages for Decedent’s conscious pain, suffering, and loss of earnings between injury and death.

6.3 Defendants’ wrongful acts and omissions caused Decedent to endure conscious pain and suffering and to incur medical expenses prior to death.

7. DAMAGES

7.1 Economic Damages (exact amounts to be proven at trial):
a. Medical and hospitalization expenses: $[___]
b. Funeral and burial costs: $[___]
c. Loss of earnings/support: $[___]

7.2 Non-Economic Damages:
a. Grief and bereavement of Beneficiaries;
b. Loss of consortium, companionship, and guidance;
c. Mental pain and suffering of Beneficiaries.

7.3 Survival Damages:
a. Decedent’s conscious pain and suffering;
b. Pre-death loss of earnings.

7.4 Punitive Damages: Plaintiff reserves the right to seek punitive damages under Oklahoma law upon the requisite evidentiary showing of reckless disregard or malice.

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendants, jointly and severally, for:

a. All Economic, Non-Economic, and Survival Damages allowed by law;
b. Punitive or exemplary damages as permitted;
c. Pre- and post-judgment interest as provided by law;
d. Reasonable costs, expenses, and attorney fees;
e. Such other and further relief as the Court deems just and equitable.

9. DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right pursuant to Okla. Const. art. II, § 19 and Okla. Stat. tit. 12, § 556.

10. RESERVATION OF RIGHTS TO AMEND

Plaintiff reserves the right to amend this Petition to conform to the evidence, add additional parties or claims, and to plead in the alternative pursuant to Okla. Stat. tit. 12, § 2015.

11. VERIFICATION

STATE OF OKLAHOMA )
: :ss )
COUNTY OF [COUNTY] )

I, [PLAINTIFF NAME], being first duly sworn, state that I am the Plaintiff herein, that I have read the foregoing Petition, and that the facts stated therein are true and correct to the best of my knowledge and belief.

______________________________
[PLAINTIFF NAME]
Personal Representative of the Estate of [DECEDENT NAME]

Subscribed and sworn to before me this ___ day of __________, 20__.

______________________________
Notary Public
My Commission Expires: __________
Commission No.: __________

12. SIGNATURE BLOCK

Respectfully submitted,

__________________________________
[ATTORNEY NAME], OBA No. [___]
[FIRM NAME]
[ADDRESS]
[PHONE] | [FAX] | [EMAIL]
ATTORNEYS FOR PLAINTIFF

End of Document