WRONGFUL DEATH COMPLAINT

(Oregon State Circuit Court – Template)

[// GUIDANCE: This template is drafted to comply with Oregon’s wrongful-death statute (Or. Rev. Stat. § 30.020 (2023)) and the Oregon Rules of Civil Procedure (“ORCP”). Bracketed text must be customized before filing. Citations are limited to well-established statutory provisions in accordance with the Citation Policy.]

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]

[PLAINTIFF NAME], as Personal ) Case No. _
Representative of the Estate of )
[DECEDENT NAME], Deceased, for the ) COMPLAINT
benefit of the statutory beneficiaries,
) Wrongful Death – ORS 30.020
Plaintiff, )
v. ) Not Subject to Mandatory Arbitration
) (Prayer: $_)
[DEFENDANT NAME(S)], )
) JURY TRIAL DEMANDED
Defendant(s). )
______ )

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 Probate Department of the Circuit Court of [COUNTY], Case No. [PROBATE NO.].
4. “Personal Representative” means [PLAINTIFF NAME], duly appointed by the probate court on [DATE OF APPOINTMENT], 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 has subject-matter jurisdiction under Or. Rev. Stat. § 30.020 and ORS Chapter 4.
2. Venue is proper in [COUNTY] under ORCP 4 because the acts and omissions complained of occurred in this county and/or Defendant resides or does business here.
3. The amount in controversy exceeds $10,000; therefore, the matter is not subject to compulsory arbitration under ORS 36.400.

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] subject to any applicable statutory limitations.
3. Punitive damages (if sought): $[AMOUNT] pursuant to ORS Chapter 31.
4. Pre- and post-judgment interest as allowed by law.
5. Attorneys’ fees and costs where authorized.

[// GUIDANCE: Attach a separate damages schedule if necessary. Keep supporting documentation confidential and produce only in discovery.]

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)

[// GUIDANCE: Traditional contract covenants are inapplicable in a complaint; this section is reserved to preserve numbering integrity.]

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 $____, subject to statutory damage caps, if any;
3. Punitive damages in the sum of $____;
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. Plaintiff acknowledges that non-economic damages may be subject to limitations set forth in Or. Rev. Stat. § 31.710 or other applicable statutes and constitutional provisions, to the extent such caps are valid and enforceable at the time of judgment.
2. Plaintiff reserves the right to challenge the constitutionality or applicability of any statutory cap.

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 ORCP 52, Plaintiff hereby demands trial by jury on all issues so triable.
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: ____

[// GUIDANCE:
1. Serve a Summons compliant with ORCP 7 simultaneously with the Complaint.
2. Calendar the three-year limitation period of ORS 30.020(1) (three years from the underlying injury).
3. Confirm probate appointment letters are current and attached if required.
4. Evaluate punitive-damage pleading requirements under ORS 31.725-31.735 before service.]