Wrongful Death Complaint - Oregon

WRONGFUL DEATH COMPLAINT

(Oregon State Circuit Court – Template)

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
A. Jurisdiction and Venue
B. Parties and Representative Capacity
C. Factual Allegations
D. Cause of Action – Wrongful Death (ORS 30.020)
E. Damages Allegations
IV. Representations & Warranties (Litigation Affirmations)
V. Covenants & Restrictions (Reserved)
VI. Default & Remedies – Prayer for Relief
VII. Risk Allocation – Statutory Damage Caps
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

A. Caption

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF [COUNTY]

B. Recitals

This civil action is brought pursuant to Or. Rev. Stat. § 30.020 for the wrongful death of [DECEDENT NAME] (“Decedent”). Plaintiff seeks all damages recoverable under Oregon law for the benefit of the eligible beneficiaries identified herein.

C. Effective Date & Jurisdiction Specification

Date of filing: [DATE]. Governing law: Oregon substantive law and the Oregon Rules of Civil Procedure.

II. DEFINITIONS

For clarity and consistency, the following terms are capitalized and used throughout this Complaint:

1. “Beneficiaries” means those persons entitled to share in the recovery under Or. Rev. Stat. § 30.020(1), including Decedent’s [SPOUSE / CHILD(REN) / PARENT(S) / OTHER], or any other person who would inherit from Decedent under Oregon’s laws of intestate succession.
2. “Decedent” means [DECEDENT NAME], who died on [DATE OF DEATH] as a direct and proximate result of Defendant’s wrongful conduct.
3. “Estate” means the probate estate of Decedent pending in the Circuit Court of the State of Oregon for [COUNTY], Probate Case No. [PROBATE NO.].
4. “Personal Representative” means [PLAINTIFF NAME], duly appointed by the Circuit Court on [DATE OF APPOINTMENT] pursuant to ORS 113.035 and ORS 113.085, authorized to prosecute this action for the benefit of the Beneficiaries.
5. “Defendant” means [DEFENDANT NAME], including any agents, employees, predecessors, successors, parents, subsidiaries, or affiliates whose acts or omissions are alleged herein.

III. OPERATIVE PROVISIONS

A. Jurisdiction and Venue

1. This Court is a court of general jurisdiction under Or. Const. art. VII (Amended) § 9, and has subject-matter jurisdiction over this wrongful death action brought pursuant to Or. Rev. Stat. § 30.020.
2. Venue is proper in [COUNTY] under ORS 14.030 and ORS 14.080(1) because Defendant resides, or the acts and omissions complained of occurred, in this county.
3. The amount in controversy exceeds the applicable threshold; therefore, the matter is not subject to mandatory court-annexed arbitration under ORS 36.400 to 36.425.

B. Parties and Representative Capacity

1. Plaintiff is the duly appointed Personal Representative of Decedent’s Estate and brings this action for the exclusive benefit of the Beneficiaries.
2. Defendant [LEGAL STATUS; e.g., “is an Oregon corporation”] that at all relevant times conducted business in Oregon.
3. At all times material, Defendant’s agents and employees acted within the course and scope of their employment and/or agency, rendering Defendant vicariously liable.

C. Factual Allegations

1. On or about [DATE OF INCIDENT], at [LOCATION], Defendant negligently, recklessly, and/or intentionally [BRIEF DESCRIPTION OF ACT/OMISSION] causing severe injuries to Decedent.
2. Decedent succumbed to said injuries on [DATE OF DEATH].
3. Defendant knew or should have known that its conduct created an unreasonable risk of serious harm.
4. As a direct and proximate result, Decedent suffered conscious pain and suffering, and the Beneficiaries have sustained pecuniary and non-pecuniary losses.

D. Cause of Action – Wrongful Death (Or. Rev. Stat. § 30.020)

1. Plaintiff realleges and incorporates by reference ¶¶ 1-[LAST] above.
2. Defendant owed Decedent duties of reasonable care under common law and applicable statutes and breached those duties as alleged.
3. Defendant’s breach was a factual and legal cause of Decedent’s death.
4. Pursuant to Or. Rev. Stat. § 30.020, Plaintiff is entitled to recover all damages allowed by law, including but not limited to:
   a. Medical, hospital, nursing, and related expenses;
   b. Funeral and burial expenses;
   c. Pecuniary loss to Beneficiaries, including lost services and support;
   d. Loss of companionship, society, and guidance;
   e. Pre-death conscious pain and suffering of Decedent; and
   f. Punitive damages as warranted by the facts.

E. Damages Allegations

1. Special damages (economic): $[AMOUNT], itemized as follows:
   a. Medical and hospital expenses: $____;
   b. Funeral and burial expenses: $____;
   c. Loss of income and services: $____.

2. General damages (non-economic): $[AMOUNT], not to exceed $500,000 pursuant to Or. Rev. Stat. § 31.710.

3. Punitive damages (if sought): $[AMOUNT] pursuant to Or. Rev. Stat. §§ 31.725 to 31.740.
4. Pre- and post-judgment interest as allowed by law.
5. Attorneys’ fees and costs where authorized.

IV. REPRESENTATIONS & WARRANTIES (Litigation Affirmations)

1. Plaintiff affirms personal knowledge of the facts alleged and certifies that this pleading is not frivolous under ORCP 17.
2. Plaintiff represents that all Beneficiaries have been identified to the best of Plaintiff’s knowledge and will be kept apprised of the action.
3. Plaintiff further represents that no other action is pending for the same claim except as disclosed herein.

V. COVENANTS & RESTRICTIONS (Reserved)

VI. DEFAULT & REMEDIES – PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendant as follows:

1. Economic damages in the sum of $__________;
2. Non-economic damages in the sum of $__________, not to exceed $500,000 pursuant to Or. Rev. Stat. § 31.710;
3. Punitive damages in the sum of $__________, subject to distribution under Or. Rev. Stat. § 31.735;
4. Pre-judgment interest at the legal rate from the date of injury;
5. Post-judgment interest at the statutory rate;
6. Costs and disbursements incurred herein; and
7. Such other relief as the Court deems just and proper.

VII. RISK ALLOCATION – STATUTORY DAMAGE CAPS

1. Under Or. Rev. Stat. § 31.710, the amount awarded for noneconomic damages (including loss of care, comfort, companionship, society, and consortium) in a claim for wrongful death shall not exceed $500,000. This limitation applies only to noneconomic damages; it does not limit economic damages or punitive damages.
2. The Oregon Supreme Court held in Busch v. McInnis Waste Systems, Inc., 366 Or 628 (2020), that the ORS 31.710 cap is unconstitutional under the remedy clause of Or. Const. art. I, § 10 as applied to personal-injury claims brought by living plaintiffs. That holding did not disturb the cap's application to wrongful death claims, which remains valid and enforceable. Plaintiff nonetheless reserves the right to challenge the constitutionality or applicability of the cap as it may apply to the specific facts of this action.
3. Pursuant to Or. Rev. Stat. § 31.710(3), the jury shall not be advised of this limitation.

VIII. DISPUTE RESOLUTION

1. Governing Law: Oregon substantive law applies.
2. Forum Selection: This Court is the exclusive forum for this action.
3. Jury Demand: Pursuant to Or. Const. art. I § 17 and ORCP 51, Plaintiff hereby demands trial by jury on all issues so triable. (ORCP 52 governs postponement of cases, not jury trial; ORCP 51 governs whether issues are tried by jury or by the court.)
4. Arbitration: Not mandatory. Plaintiff does not consent to binding arbitration at this time.
5. Injunctive Relief: Not sought; remedies at law are adequate.

IX. GENERAL PROVISIONS

1. Amendment: Plaintiff reserves the right to amend this Complaint in accordance with ORCP 23.
2. Severability: If any allegation or prayer for relief is stricken, remaining claims shall survive to the fullest extent permitted.
3. Integration: This Complaint constitutes the entire pleading regarding the wrongful-death claim as of the filing date.

X. EXECUTION BLOCK

Respectfully submitted this ___ day of [MONTH], [YEAR].

_____________________________________
[ATTORNEY NAME], OSB No. [######]
[LAW FIRM NAME]
[ADDRESS]
[PHONE]
[EMAIL]
Attorney for Plaintiff

Verification (Optional if Required)

I, [PLAINTIFF NAME], being first duly sworn, depose and say that I am the Plaintiff/Personal Representative in the foregoing action; I have read the Complaint and believe its contents to be true.

___________________________________
[PLAINTIFF NAME]

Notary Public for Oregon
My Commission Expires: __________