Wrongful Death Complaint

[COURT NAME]

STATE OF RHODE ISLAND

[COUNTY] SUPERIOR COURT

[PLAINTIFF], in the capacity of [Executor/Administrator]
of the Estate of [DECEDENT], and on behalf of all
Statutory Beneficiaries under R.I. Gen. Laws § 10-7-2,
Plaintiff,
v. C.A. No. ___________

[DEFENDANT 1], a [State of Formation]
[Entity Type] with its principal place of business at
[Address]; and

[DEFENDANT 2], an individual residing at
[Address],
Defendants.

COMPLAINT
(WRONGFUL DEATH & SURVIVAL)

TABLE OF CONTENTS

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

1. PARTIES

1.1 Plaintiff [FULL LEGAL NAME] (“Plaintiff”) is the duly appointed [Executor/Administrator] of the Estate of [DECEDENT] pursuant to the [Probate Court of ______, Docket No. _____], and brings this action for the exclusive benefit of the Statutory Beneficiaries identified in R.I. Gen. Laws § 10-7-2 (2023).

1.2 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.

1.3 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.

1.4 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.

2. JURISDICTION, VENUE & CONDITIONS PRECEDENT

2.1 This Court has subject-matter jurisdiction under R.I. Gen. Laws § 8-2-14 (2023) and Super. Ct. R. Civ. P. Rule 9 because the amount in controversy exceeds $10,000 exclusive of interest and costs.

2.2 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.

2.3 Venue lies in this County pursuant to R.I. Gen. Laws § 9-4-3 (2023) because the wrongful acts and resulting injury occurred here and/or Defendants reside or transact business here.

2.4 All statutory prerequisites to filing this Complaint—including probate appointment of Plaintiff and commencement within the three-year limitations period under R.I. Gen. Laws § 10-7-3 (2023)—have been satisfied, waived, or are inapplicable.

3. 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 ¶ 1.2.
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 4.

4. GENERAL ALLEGATIONS

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

4.2 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.

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

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

4.5 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 and non-economic damages, including but not limited to loss of society, companionship, consortium, guidance, and support.

4.6 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.

5. COUNT I – WRONGFUL DEATH (NEGLIGENCE)

(Against All Defendants)

5.1 Plaintiff restates and incorporates ¶¶ 1.1 through 4.6 as though fully set forth herein.

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

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

5.4 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 et seq. (2023).

5.5 Pursuant to § 10-7-2, the Beneficiaries are entitled to recover all statutory damages, including the mandatory minimum of $250,000, plus prejudgment interest and costs.

6. COUNT II – SURVIVAL ACTION

(Against All Defendants)

6.1 Plaintiff repeats ¶¶ 1.1 through 5.5.

6.2 Under R.I. Gen. Laws § 10-7-5 (2023) and common law survival principles, causes of action that accrued to Decedent prior to death survive and may be prosecuted by the Estate.

6.3 Decedent endured conscious pain and suffering, incurred medical expenses, and experienced loss of earnings capacity between the time of injury and death.

6.4 Plaintiff, on behalf of the Estate, seeks all damages recoverable under Rhode Island law for such pre-death injuries.

7. DAMAGES

Plaintiff seeks, inter alia, the following categories of relief, subject to statutory caps where applicable:
a. The mandatory statutory minimum of $250,000 for wrongful death;
b. Economic damages, including lost financial support, medical expenses, funeral and burial costs;
c. Non-economic damages, including loss of consortium, society, companionship, and mental anguish suffered by Beneficiaries;
d. Decedent’s conscious pain and suffering and related special damages under Count II;
e. Punitive/exemplary damages to deter and punish Defendants’ willful, wanton, or reckless conduct, as permitted by R.I. Gen. Laws § 10-7-7 (2023);
f. Pre- and post-judgment interest as allowed by law; and
g. Reasonable attorney fees and costs to the extent permitted by contract or statute.

8. DEMAND FOR JURY TRIAL

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

9. 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. Statutory minimum damages of not less than $250,000;
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.

10. 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 Super. Ct. R. Civ. P. Rule 15.

11. 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]

12. SIGNATURE BLOCK

Respectfully submitted,

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

[SUPREME COURT BAR OR E-FILING CERTIFICATE AS REQUIRED]