Wrongful Death Complaint - Pennsylvania

NOTICE TO DEFEND

You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you.

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[COUNTY-DESIGNATED LAWYER-REFERRAL OFFICE NAME]

[OFFICE ADDRESS]

[OFFICE TELEPHONE NUMBER]

IN THE COURT OF COMMON PLEAS OF [COUNTY] COUNTY, PENNSYLVANIA
CIVIL DIVISION

COMPLAINT — WRONGFUL DEATH AND SURVIVAL ACTION
JURY TRIAL DEMANDED

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Allegations
IV. Counts & Specific Causes of Action
V. Damages Allegations
VI. Risk Allocation & Statutory Caps Disclosure
VII. Demand for Jury Trial
VIII. Prayer for Relief
IX. General Provisions
X. Verification

I. DOCUMENT HEADER

1. Parties
   1.1 Plaintiff — [PLAINTIFF NAME], duly appointed [Executor/Administrator] of the Estate of [DECEDENT NAME] pursuant to Letters [Testamentary/of Administration] issued by the Register of Wills of [COUNTY] County, Pennsylvania, on [DATE].
   1.2 Defendant — [DEFENDANT NAME], a [legal description, e.g., “Pennsylvania corporation”] with a principal place of business at [ADDRESS].
   1.3 Standing — Pursuant to Pa. R. Civ. P. 2202(a) and (b), this wrongful death action is brought by Plaintiff as the duly appointed personal representative of the Decedent's Estate [for the benefit of persons entitled by law to recover damages / if none are eligible, to recover only the expenses allowed by 42 Pa. Cons. Stat. § 8301(d)]. The personal representative may bring the action even after six months. If no action was brought within six months, a person entitled to damages may instead bring it as trustee ad litem on behalf of all persons entitled to share; that choice requires replacing the representative plaintiff and adapting any survival claim.
   1.4 Persons entitled to recover — This action is brought on behalf of each person listed below under Pa. R. Civ. P. 2204. Add every eligible person and state each person's last known residence address.

[IF NO SPOUSE, CHILD, OR PARENT IS ELIGIBLE: State that fact here, omit the beneficiary rows, and limit Count I and the prayer to § 8301(d) expenses.]

After filing, give each person entitled to wrongful-death damages notice of this action under Pa. R. Civ. P. 2205, and follow the filing county's notice and proof-of-service rules. For example, Erie County Local Rule 2205 requires personal service or registered mail and an affidavit of service, with a publication procedure when a beneficiary cannot be located after diligent search. Record the method and date of notice for each person listed above.

2. Preliminary Statement
   2.1 This action is brought under Pennsylvania’s Wrongful Death Act, 42 Pa. Cons. Stat. § 8301, and Survival Act, 42 Pa. Cons. Stat. § 8302, to recover damages arising from the death of [DECEDENT NAME] on [DATE OF DEATH] as a result of Defendant’s tortious conduct.
   2.2 Joinder and Consolidation — Plaintiff brings the wrongful death and survival causes of action together in this Complaint. Pa. R. Civ. P. 213(e) permits the two claims in one action. If independent actions are commenced, the court must consolidate them for trial; if they are commenced in different courts, the second court must transfer the later action to the first court.

3. Jurisdiction & Venue
   3.1 This Court possesses subject-matter jurisdiction under 42 Pa. Cons. Stat. § 931 (Courts of Common Pleas — unlimited original jurisdiction).
   3.2 Venue is proper in this County pursuant to Pa. R. Civ. P. 2179(a) because [specific venue facts].

II. DEFINITIONS

For purposes of this Complaint, the following capitalized terms have the meanings set forth below:

“Act” means, collectively, Pennsylvania’s Wrongful Death Act, 42 Pa. Cons. Stat. § 8301, and Survival Act, 42 Pa. Cons. Stat. § 8302.

“Beneficiaries” means the Decedent’s surviving spouse, children, and/or parents entitled to damages under 42 Pa. Cons. Stat. § 8301(b). If there are none, the personal representative may recover only the expenses specified in § 8301(d); the Estate does not become a substitute beneficiary of general wrongful-death damages.

“Decedent” means [DECEDENT FULL NAME], who died on [DATE].

“Estate” means the probate estate of the Decedent, administered by Plaintiff.

“Statutory Caps” means any limitations on damages applicable under 42 Pa. Cons. Stat. §§ 8528, 8553, or other Pennsylvania law, to the extent Defendant is a Commonwealth or local agency.

III. OPERATIVE ALLEGATIONS

3.1 Factual Background
a. On [DATE], at approximately [TIME], Defendant [describe wrongful act or omission] at/near [LOCATION].
b. As a direct and proximate result, Decedent sustained severe injuries leading to death on [DATE OF DEATH].

3.2 Conditions Precedent
a. Plaintiff has satisfied any applicable pre-suit notice requirements, including any notice required for a claim against a governmental defendant, or those requirements are inapplicable. Plaintiff will separately notify persons entitled to wrongful-death damages after this action is instituted as Pa. R. Civ. P. 2205 and applicable local rules require.
b. Letters [Testamentary/Administration] confer legal standing upon Plaintiff.

3.3 Statute of Limitations Compliance
a. This Complaint is filed within two (2) years of the cause of action’s accrual as required by 42 Pa. Cons. Stat. § 5524(2).

IV. COUNTS & SPECIFIC CAUSES OF ACTION

COUNT I — WRONGFUL DEATH

(42 Pa. Cons. Stat. § 8301)

4.1 Plaintiff reincorporates Paragraphs 1-3 as though fully set forth herein.
4.2 Defendant owed Decedent a duty of reasonable care to [describe duty].
4.3 Defendant breached that duty by [specific acts/omissions].
4.4 The breach was the factual and proximate cause of Decedent’s death.
4.5 Under the Wrongful Death Act, Plaintiff seeks:
a. Reasonable hospital, nursing, medical, funeral, and administration expenses necessitated by the injuries causing death;
b. [ONLY IF A SPOUSE, CHILD, OR PARENT IS ELIGIBLE: Other damages sustained by eligible beneficiaries and recoverable under 42 Pa. Cons. Stat. § 8301, including [DESCRIBE PROVEN BENEFICIARY LOSSES]. If none is eligible, delete this clause; § 8301(d) permits only the expenses in clause (a).]
c. Pre-judgment and post-judgment interest as allowed by law.

COUNT II — SURVIVAL ACTION

(42 Pa. Cons. Stat. § 8302)

4.6 Plaintiff reincorporates Paragraphs 1-4.5.
4.7 All causes of action possessed by Decedent survive his/her death and inure to the Estate.
4.8 The Estate is entitled to recover:
a. Decedent’s conscious pain and suffering;
b. Loss of earnings from injury to death and impairment of future earning capacity;
c. Any punitive damages permitted by law.

V. DAMAGES ALLEGATIONS

5.1 Total damages exceed the compulsory arbitration limits of this Court.
5.2 Plaintiff seeks all damages recoverable under the Act, subject to any Statutory Caps applicable to governmental entities.
5.3 Plaintiff reserves the right to amend this Complaint to conform to the evidence.

VI. RISK ALLOCATION & STATUTORY CAPS DISCLOSURE

6.1 If Defendant is determined to be a Commonwealth or local agency, recovery shall not exceed the monetary limitations set forth in 42 Pa. Cons. Stat. §§ 8528(b) or 8553(b), absent legislative waiver.

VII. DEMAND FOR JURY TRIAL

Pursuant to Pa. Const. art. I, § 6 and Pa. R. Civ. P. 1007.1, Plaintiff demands trial by jury of all issues so triable. Plaintiff will pay the applicable jury fee required by the local rules of this Court.

VIII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in favor of Plaintiff and against Defendant for:

1. Wrongful-death damages in an amount to be proven at trial [or, if no spouse, child, or parent is eligible, only the expenses recoverable under 42 Pa. Cons. Stat. § 8301(d)];
2. Survival-action damages in an amount to be proven at trial;
3. Punitive damages as allowed by law;
4. Pre- and post-judgment interest;
5. Costs of suit and such other relief as the Court deems just.

IX. GENERAL PROVISIONS

9.1 Governing Law — This Complaint is governed by the substantive law of the Commonwealth of Pennsylvania.
9.2 Alternative Dispute Resolution — The parties may mutually agree in writing to submit any or all issues to binding or non-binding arbitration or mediation.
9.3 Reservation of Rights — Plaintiff reserves all rights not expressly waived herein.

X. VERIFICATION

I, [PLAINTIFF NAME], affirm that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint and the factual allegations therein are true and correct to the best of my knowledge, information, and belief; and that this Verification is made subject to the penalties of 18 Pa. Cons. Stat. § 4904 (unsworn falsification to authorities).

_________________________
[PLAINTIFF NAME]
Date: ____________

SIGNATURE BLOCK

Respectfully submitted,

____________________________________
[ATTORNEY NAME], Esquire
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
PA Atty. I.D. No. _______
Attorney for Plaintiff

Certification of Compliance with Case Records Public Access Policy

I certify that this filing complies with the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania, including its provisions for confidential information and documents.

Date: [__/__/____]

Signature: [________________________________]

Printed name: [ATTORNEY OR UNREPRESENTED FILER]