Wrongful Death Complaint

IN THE COURT OF COMMON PLEAS

FOR THE ☐ JUDICIAL CIRCUIT

STATE OF SOUTH CAROLINA

COUNTY OF ☐

ESTATE OF [DECEDENT’S FULL LEGAL NAME], by and through
[PERSONAL REPRESENTATIVE’S NAME], as Personal Representative of
the Estate of [DECEDENT’S SURNAME],
                                Plaintiff,
v.

[DEFENDANT LEGAL ENTITY NAME], a [STATE] [CORPORATION/LLC/ETC.];
[ADDITIONAL DEFENDANTS]; and JOHN/JANE DOES 1-10,
                                Defendants.

Civil Action No.: _____________

COMPLAINT

(Wrongful Death—S.C. Code Ann. §§ 15-51-10 et seq.;
Survival—S.C. Code Ann. § 15-5-90)

JURY TRIAL DEMANDED

TABLE OF CONTENTS

1. Preliminary Statement and Nature of the Action
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. First Cause of Action – Wrongful Death
6. Second Cause of Action – Survival
7. Damages Sought
8. Prayer for Relief
9. Jury Trial Demand
10. Verification
11. Signature Blocks
12. Certificate of Service

1. PRELIMINARY STATEMENT AND NATURE OF THE ACTION

1.1 This civil action arises out of the death of [Decedent’s Full Legal Name] (“Decedent”) on [Date of Death], which Plaintiff alleges was proximately caused by the negligent, grossly negligent, reckless, and/or intentional acts and omissions of the Defendants as set forth herein.

1.2 Pursuant to the South Carolina Wrongful Death Act, S.C. Code Ann. §§ 15-51-10 et seq., Plaintiff seeks recovery, for the benefit of the statutory beneficiaries identified in § 15-51-20, of all damages allowed by law, including but not limited to pecuniary loss, loss of society and companionship, mental shock and suffering, grief, and necessary medical and funeral expenses.

1.3 Pursuant to the South Carolina Survival Statute, S.C. Code Ann. § 15-5-90, Plaintiff additionally brings a survival claim on behalf of Decedent’s estate for damages Decedent himself/herself sustained prior to death, including conscious pain and suffering and any related economic damages.

2. PARTIES

2.1 Plaintiff [Personal Representative’s Name] (“Personal Representative” or “PR”) is a resident of [County, State] and was duly appointed on [Date] by the Probate Court for [County], South Carolina, Case No. ☐, to serve as PR of the Estate of [Decedent].

2.2 Defendant [Defendant Entity Name] is a [corporation/LLC/partnership/individual] organized and existing under the laws of [State], with its principal place of business at [Address], and at all material times conducted business and committed tortious acts in [County], South Carolina.

2.3 [Add additional Defendant paragraphs as needed.]

2.4 Plaintiff is informed and believes that Defendants JOHN/JANE DOES 1-10 are individuals or entities whose identities are presently unknown and who are liable, in whole or in part, for the damages claimed herein. Plaintiff will amend this Complaint when their identities become known.

3. JURISDICTION AND VENUE

3.1 This Court has subject-matter jurisdiction pursuant to S.C. Const. art. V, § 11 and S.C. Code Ann. § 14-5-30.

3.2 Personal jurisdiction exists over each Defendant because each Defendant transacted business, committed tortious acts, and/or caused injury in this State, thus satisfying S.C. Code Ann. § 36-2-803 (South Carolina long-arm statute).

3.3 Venue is proper in [County] pursuant to S.C. Code Ann. § 15-7-30 because the causes of action arose in this County, and/or because one or more Defendants resides or maintains its principal place of business in this County.

4. FACTUAL ALLEGATIONS

4.1 On [Date], at approximately [Time], Decedent was [briefly describe activity (e.g., operating a motor vehicle eastbound on U.S. Hwy ___)].

4.2 At that same time and place, Defendant [Defendant] [describe negligent act—e.g., “failed to keep a proper lookout and crossed the center line, colliding head-on with Decedent’s vehicle”].

4.3 As a direct and proximate result of Defendants’ acts and omissions, Decedent sustained severe injuries leading to his/her death on [Date].

4.4 Prior to death, Decedent experienced conscious pain and suffering and incurred medical expenses totaling approximately [$________].

4.5 Decedent is survived by the following statutory beneficiaries within the meaning of S.C. Code Ann. § 15-51-20:
  a. Spouse: [Name];
  b. Child(ren): [Name(s)];
  c. [If none, parents: [Name(s)]];
  d. [If none, heirs at law per intestacy].

4.6 All conditions precedent to filing this action have been satisfied or duly waived.

5. FIRST CAUSE OF ACTION

Wrongful Death – Negligence / Recklessness / Willfulness

(S.C. Code Ann. §§ 15-51-10 et seq.)

5.1 Plaintiff realleges and incorporates by reference paragraphs 1.1 through 4.6 above as if fully set forth herein.

5.2 Defendants owed Decedent a duty of reasonable care [specify duty, e.g., “to operate a motor vehicle in accordance with South Carolina traffic laws and with due care for the safety of others on the roadway”].

5.3 Defendants breached that duty by [specify breaches].

5.4 Defendants’ breaches were the direct and proximate cause of Decedent’s fatal injuries and the damages sustained by the statutory beneficiaries.

5.5 Under S.C. Code Ann. § 15-51-10, Plaintiff is entitled to recover all damages recoverable at law, including but not limited to:
  a. Pecuniary loss;
  b. Loss of society, companionship, and consortium;
  c. Mental shock and suffering;
  d. Grief and sorrow;
  e. Medical and funeral expenses; and
  f. Punitive damages, subject to statutory caps, for Defendants’ reckless, willful, or wanton conduct.

6. SECOND CAUSE OF ACTION

Survival – Negligence / Recklessness / Willfulness

(S.C. Code Ann. § 15-5-90)

6.1 Plaintiff realleges and incorporates by reference paragraphs 1.1 through 5.5 above.

6.2 Prior to death, Decedent endured conscious pain, suffering, fear of impending death, and incurred significant medical expenses.

6.3 Pursuant to S.C. Code Ann. § 15-5-90, Decedent’s estate is entitled to recover compensatory and, where appropriate, punitive damages for such injuries.

7. DAMAGES SOUGHT

7.1 Compensatory damages in an amount to be determined by a fair and impartial jury, including but not limited to:
  a. Economic losses (wages, benefits, services);
  b. Non-economic losses (society, companionship, mental anguish);
  c. Medical and funeral expenses;
  d. Pre-judgment interest where allowed by law.

7.2 Punitive damages, subject to the limitations set forth in S.C. Code Ann. § 15-32-530 or other applicable statutory caps.

7.3 Such further relief—legal or equitable—as the Court deems just and proper.

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendants, jointly and severally, as follows:

A. For compensatory damages in an amount to be determined by the trier of fact;
B. For punitive damages to deter similar misconduct;
C. For costs, expenses, and disbursements of this action, including reasonable attorney’s fees where permitted;
D. For pre- and post-judgment interest as allowed by law; and
E. For such other relief as the Court may deem just and proper.

9. JURY TRIAL DEMAND

Pursuant to Rule 38 of the South Carolina Rules of Civil Procedure and Article I, § 14 of the South Carolina Constitution, Plaintiff hereby demands a trial by jury on all issues so triable.

10. VERIFICATION

I, [Personal Representative’s Name], being first duly sworn, depose and say that I am the Plaintiff named in the foregoing Complaint; I have read the Complaint and know the contents thereof; and the same is true to the best of my knowledge, information, and belief.

_______________________________
[Personal Representative’s Name]
Date: _________________

Subscribed and sworn before me this ___ day of ____________, 20__.

_______________________________
Notary Public for South Carolina
My Commission Expires: ________

11. SIGNATURE BLOCKS

Respectfully submitted this ___ day of ____________, 20__.

[LAW FIRM NAME]
[Street Address]
[City], South Carolina [ZIP]
Telephone: (☐) ___-____
Facsimile: (☐) ___-____
Email: [Attorney @Firm.com]

By: ___________________________
[ATTORNEY’S FULL NAME], Esq.
South Carolina Bar No. ______

Counsel for Plaintiff

12. CERTIFICATE OF SERVICE

I hereby certify that I served the foregoing Complaint on the following counsel of record by [method of service—e.g., hand delivery, U.S. Mail, certified mail, electronic service under Rule 5(b)(1)] on this ___ day of ____________, 20__.

[List Names and Addresses of Counsel]

_______________________________
[Attorney Name]