Wrongful Death Complaint - Rhode Island

TABLE OF CONTENTS

1. Caption .......................................................................... 2
2. Parties .......................................................................... 3
3. Jurisdiction, Venue & Condition Precedent .......................... 4
4. Definitions .................................................................... 4
5. General Allegations ............................................................ 5
6. Count I – Wrongful Death (Negligence) .............................. 6
7. Count II – Survival Action (Pre-Death Injuries) ...................... 7
8. Damages ....................................................................... 8
9. Demand for Jury Trial .......................................................... 9
10. Prayer for Relief ................................................................. 9
11. Reservation of Rights & Amendments ............................... 10
12. Verification & Certification ............................................. 10
13. Signature Block ................................................................ 11

1. CAPTION

STATE OF RHODE ISLAND
SUPERIOR COURT
[COUNTY] COUNTY

COMPLAINT
(WRONGFUL DEATH & SURVIVAL)
JURY TRIAL DEMANDED

2. PARTIES

2.1 Plaintiff [FULL LEGAL NAME] (“Plaintiff”) is the duly appointed [Executor/Administrator] of the Estate of [DECEDENT] pursuant to letters issued by the [Probate Court of the City/Town of ______, Rhode Island], Docket No. [_____], and brings this action pursuant to R.I. Gen. Laws § 10-7-2 for the exclusive benefit of the Statutory Beneficiaries identified therein.

2.2 Decedent [DECEDENT] (“Decedent”) was a resident of [City/Town, Rhode Island] and died on [Date of Death] as a direct and proximate result of Defendants’ wrongful acts described herein.

2.3 Defendant [DEFENDANT 1] (“Corporate Defendant”) is a [Corporation/Limited Liability Company/etc.] organized under the laws of [State] with its principal place of business at [Address], and at all relevant times conducted substantial, continuous, and systematic business activities within the State of Rhode Island.

2.4 Defendant [DEFENDANT 2] (“Individual Defendant”) is an adult individual residing at [Address] and, upon information and belief, committed the wrongful acts within the State of Rhode Island that caused Decedent’s death.

3. JURISDICTION, VENUE & CONDITIONS PRECEDENT

3.1 This Court has subject-matter jurisdiction under R.I. Gen. Laws § 8-2-14 because the amount in controversy exceeds $10,000, exclusive of interest and costs.

3.2 Personal jurisdiction over each Defendant is proper because each Defendant purposely availed itself of the privilege of conducting activities within Rhode Island, and the causes of action arise from those activities.

3.3 Venue lies in this County pursuant to R.I. Gen. Laws § 9-4-3 because the wrongful acts and resulting injury occurred here and/or Defendants reside or transact business here.

3.4 All statutory prerequisites to filing this Complaint—including the probate appointment of Plaintiff as Executor/Administrator by the municipal probate court of the Decedent's city or town of residence, and commencement within the three-year limitations period under R.I. Gen. Laws § 10-7-2(c)—have been satisfied, waived, or are inapplicable.

4. DEFINITIONS

For purposes of this Complaint, the following capitalized terms have the meanings assigned below:
a. “Beneficiaries” means those persons entitled to recover damages under R.I. Gen. Laws § 10-7-2, including but not limited to [List: Spouse, Children, Parents, Next of Kin].
b. “Decedent” has the meaning given in ¶ 2.2.
c. “Defendants” collectively refers to Corporate Defendant, Individual Defendant, and any fictitious parties named herein.
d. “Wrongful Conduct” means the negligent, reckless, and/or otherwise tortious acts or omissions of Defendants described in Section 5.

5. GENERAL ALLEGATIONS

5.1 On [Date], at approximately [Time], Decedent was located at [Exact Location].

5.2 At that time and place, Defendants engaged in Wrongful Conduct, including but not limited to:
a. Failing to [Specific Act/Omission 1];
b. Violating [Applicable Statute/Regulation/Safety Standard];
c. Operating [Vehicle/Equipment] in a negligent and unsafe manner; and
d. Any further negligent, reckless, or willful acts that discovery may reveal.

5.3 As a direct and proximate result of Defendants’ Wrongful Conduct, Decedent sustained severe bodily injuries that resulted in death on [Date of Death].

5.4 Prior to death, Decedent experienced conscious pain, suffering, mental anguish, and loss of enjoyment of life.

5.5 Decedent left surviving Beneficiaries, including [Spouse Name], [Child(ren) Name(s)], and [additional next of kin], who have suffered—and will continue to suffer—pecuniary losses under R.I. Gen. Laws § 10-7-1.1, and, where applicable, individually held loss-of-consortium and loss-of-society-and-companionship damages under R.I. Gen. Laws § 10-7-1.2.

5.6 All acts and omissions alleged herein were performed by Defendants’ agents, servants, and/or employees while acting within the course and scope of their employment, thereby rendering the Corporate Defendant vicariously liable under the doctrine of respondeat superior.

6. COUNT I – WRONGFUL DEATH (NEGLIGENCE)

(Against All Defendants)

6.1 Plaintiff restates and incorporates ¶¶ 2.1 through 5.6 as though fully set forth herein.

6.2 Defendants owed Decedent a duty of reasonable care under the circumstances.

6.3 Defendants breached that duty by engaging in the Wrongful Conduct outlined above.

6.4 The breach was the direct and proximate cause of Decedent’s death, thereby giving rise to liability under R.I. Gen. Laws §§ 10-7-1 through 10-7-4.

6.5 Pursuant to R.I. Gen. Laws § 10-7-2, the Beneficiaries are entitled to recover all statutory damages, including the statutory minimum recovery of not less than $350,000, plus prejudgment interest and costs. This action is brought by and in the name of Plaintiff as Executor/Administrator pursuant to § 10-7-2(a); if no such action is brought within six (6) months of Decedent's death, R.I. Gen. Laws § 10-7-3 permits the Beneficiaries to bring the action directly.

7. COUNT II – SURVIVAL ACTION (PRE-DEATH INJURIES)

(Against All Defendants)

7.1 Plaintiff repeats ¶¶ 2.1 through 6.5.

7.2 Under R.I. Gen. Laws § 9-1-6, causes of action for damages to the person that accrued to Decedent prior to death survive Decedent's death and may be prosecuted by the Estate.

7.3 In addition, R.I. Gen. Laws § 10-7-5 creates a separate cause of action, brought by the Executor/Administrator pursuant to R.I. Gen. Laws § 10-7-6, for hospital, medical, and other expenses incurred, and diminution of earning power, from the date of injury until the date of death; recovery under this cause of action becomes part of the Estate.

7.4 Decedent endured conscious pain and suffering, incurred medical expenses, and experienced loss of earnings capacity between the time of injury and death. Pain and suffering is recoverable in a § 10-7-5 action under R.I. Gen. Laws § 10-7-7, and punitive damages are recoverable under R.I. Gen. Laws § 10-7-7.1 if such damages would have been recoverable had Decedent survived.

7.5 Plaintiff, on behalf of the Estate, seeks all damages recoverable under R.I. Gen. Laws §§ 10-7-5 through 10-7-7.1 for such pre-death injuries.

8. DAMAGES

Plaintiff seeks, inter alia, the following categories of relief. Rhode Island imposes no cap on compensatory wrongful-death damages; R.I. Gen. Laws § 10-7-2(c) instead sets a statutory FLOOR (minimum recovery), described in item (a) below:
a. The statutory minimum recovery of not less than $350,000 under R.I. Gen. Laws § 10-7-2(c) (effective January 1, 2024);
b. Pecuniary/economic damages determined under R.I. Gen. Laws § 10-7-1.1, including lost financial support, medical expenses, and funeral and burial costs;
c. Individually held non-economic damages for loss of consortium, society, companionship, and emotional distress suffered by Beneficiaries under R.I. Gen. Laws § 10-7-1.2;
d. Decedent’s conscious pain and suffering and related medical/earning-capacity damages under Count II (R.I. Gen. Laws §§ 10-7-5 through 10-7-7);
e. Punitive/exemplary damages to deter and punish Defendants’ willful, wanton, or reckless conduct, as permitted by R.I. Gen. Laws § 10-7-7.1;
f. Pre- and post-judgment interest as allowed by R.I. Gen. Laws § 9-21-10; and
g. Reasonable attorney fees and costs to the extent permitted by contract or statute.

9. DEMAND FOR JURY TRIAL

Pursuant to Article I, § 15 of the Rhode Island Constitution and R.I. Super. Ct. R. Civ. P. 38, Plaintiff hereby demands a trial by jury on all issues so triable.

10. PRAYER FOR RELIEF

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

1. All compensatory damages as pled or proven at trial;
2. Punitive damages where legally permissible;
3. The statutory minimum recovery of not less than $350,000 under R.I. Gen. Laws § 10-7-2(c);
4. Pre- and post-judgment interest;
5. Costs of suit, including reasonable attorney fees; and
6. Such other and further relief as the Court deems just and proper.

11. RESERVATION OF RIGHTS & AMENDMENTS

Plaintiff reserves the right to amend this Complaint to add additional parties, causes of action, or allegations as discovery progresses, pursuant to R.I. Super. Ct. R. Civ. P. 15.

12. VERIFICATION & RULE 11 CERTIFICATION

I, [Plaintiff’s Name], hereby verify that the allegations contained in the foregoing Complaint are true to the best of my knowledge, information, and belief, formed after reasonable inquiry, and are not interposed for any improper purpose.

Date: ___________ _______________________________
[PLAINTIFF NAME]
[Capacity, e.g., Executor]

13. SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]
By: ________________________________
[ATTORNEY NAME] (Bar No. _____)
[Address]
[Telephone]
[Email]
Counsel for Plaintiff