WRONGFUL DEATH COMPLAINT
(Tennessee – Circuit or Chancery Court)
[// GUIDANCE: This template is drafted for use in Tennessee state courts. Confirm local rules—particularly page limits, font size, filing, and service requirements—for the specific county in which the action will be filed.]
TABLE OF CONTENTS
- Caption
- Preliminary Statement
- Parties
- Jurisdiction, Venue, and Statutory Preconditions
- Factual Allegations
- Causes of Action
6.1 Negligence Resulting in Wrongful Death
6.2 Survival Action (Personal Injury Claims of Decedent) - Damages Sought
- Prayer for Relief
- Jury Demand
- Certification & Verification
- Signature Block
1. CAPTION
text
IN THE [CIRCUIT / CHANCERY] COURT FOR [__] COUNTY, TENNESSEE
[PLAINTIFF NAME], individually and as
[Personal Representative / Surviving Spouse / Parent / Child]
of the Estate of [DECEDENT NAME], Deceased,
Plaintiff,
v. No. ____
[DEFENDANT NAME(S)],
Defendant(s).
COMPLAINT FOR WRONGFUL DEATH AND SURVIVAL ACTION
2. PRELIMINARY STATEMENT
- This civil action seeks redress for the preventable death of [Decedent Name] (“Decedent”), pursuant to Tenn. Code Ann. §§ 20-5-106 et seq. (Wrongful Death Act) and applicable common law.
- Plaintiff alleges that Defendants’ negligent acts and omissions directly and proximately caused Decedent’s fatal injuries on [Date of Incident].
- Plaintiff demands a jury trial on all issues so triable.
3. PARTIES
3.1 Plaintiff. [Plaintiff Full Legal Name], a resident of [County, State], is the [relationship—e.g., surviving spouse, child, parent] of Decedent and is authorized under Tenn. Code Ann. § 20-5-106 to prosecute this action individually and on behalf of all statutory beneficiaries.
[// GUIDANCE: If acting as Personal Representative, insert probate court appointment details and attach Letters Testamentary/Administration as an exhibit.]
3.2 Defendant(s).
(a) [Defendant 1 Name] is a [corporation / LLC / individual] organized under the laws of [State] with its principal place of business at [Address] and may be served through its registered agent, [Agent Name & Address].
(b) [Add additional defendants as needed].
4. JURISDICTION, VENUE, AND STATUTORY PRECONDITIONS
4.1 This Court has subject-matter jurisdiction under Tenn. Code Ann. §§ 16-10-101 & 20-5-106.
4.2 Venue is proper in this Court under Tenn. Code Ann. § 20-4-101 because the cause of action arose in [County] and/or Defendants reside or conduct business here.
4.3 All statutory conditions precedent to filing this action, including compliance with any applicable pre-suit notice or certificate of good faith requirements, have been satisfied or are not required.
5. FACTUAL ALLEGATIONS
5.1 On [Date] at approximately [Time], Decedent was [brief description of activity—e.g., lawfully operating a motor vehicle on Highway 70].
5.2 Defendant [Name] negligently [describe act/omission—e.g., failed to maintain proper lookout, violated Tenn. Traffic Stat. § __], causing a collision that inflicted catastrophic injuries upon Decedent.
5.3 Decedent was transported to [Hospital], where, despite medical intervention, Decedent succumbed to injuries on [Date of Death].
5.4 As a direct and proximate result of Defendants’ negligence, Decedent endured conscious pain and suffering prior to death, and Plaintiff and other statutory beneficiaries sustained pecuniary and non-pecuniary losses, including loss of consortium, guidance, society, and support.
6. CAUSES OF ACTION
6.1 Count I – Negligence Resulting in Wrongful Death
(a) Plaintiff realleges ¶¶ 1–5.4.
(b) Defendants owed Decedent a duty of reasonable care under the circumstances.
(c) Defendants breached that duty by [specific acts/omissions].
(d) The breach was the actual and proximate cause of Decedent’s fatal injuries.
(e) Pursuant to Tenn. Code Ann. §§ 20-5-106 & 20-5-113, Plaintiff seeks all damages recoverable for wrongful death on behalf of Decedent’s beneficiaries.
6.2 Count II – Survival Action (Personal Injury Claims of Decedent)
(a) Plaintiff realleges ¶¶ 1–6.1(e).
(b) Under Tenn. Code Ann. § 20-5-106, Decedent’s personal injury claims survive death and vest in Plaintiff as personal representative.
(c) Plaintiff seeks damages that Decedent could have recovered had he/she lived, including pre-death pain and suffering, medical expenses, and loss of earning capacity.
7. DAMAGES SOUGHT
7.1 Economic Damages
(i) Medical and hospital expenses: $[______]
(ii) Funeral and burial expenses: $[______]
(iii) Loss of Decedent’s expected earnings, fringe benefits, and accumulation of estate: $[______]
7.2 Non-Economic Damages (subject to Tenn. Code Ann. § 29-39-102 caps)
(i) Physical and mental pain and suffering of Decedent prior to death
(ii) Loss of consortium, care, guidance, and companionship for statutory beneficiaries
7.3 Punitive Damages (subject to Tenn. Code Ann. § 29-39-104 caps)
[// GUIDANCE: Plead punitive damages only where facts support recklessness, willfulness, fraud, or malice; detail specific aggravating facts.]
7.4 Pre- and post-judgment interest as allowed by law, plus taxable costs.
8. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court:
A. Enter judgment against Defendants, jointly and severally, for compensatory damages in an amount to be proven at trial;
B. Award punitive damages in an amount sufficient to punish and deter, consistent with statutory caps;
C. Award pre- and post-judgment interest, costs, and discretionary fees as permitted;
D. Grant such other and further relief, legal or equitable, to which Plaintiff may be entitled.
9. JURY DEMAND
Pursuant to Article I, § 6 of the Tennessee Constitution and Tenn. R. Civ. P. 38, Plaintiff demands a trial by jury on all triable issues.
10. CERTIFICATION & VERIFICATION
[// GUIDANCE: Many Tennessee circuits require a Rule 11 certification; verify local requirements.]
I, [Plaintiff/Representative Name], certify under Tenn. R. Civ. P. 11 that, after reasonable inquiry, the allegations and other factual contentions have evidentiary support or are likely to have evidentiary support after discovery.
text
[PLAINTIFF NAME]
[// GUIDANCE: If a verification or sworn statement is required, insert a notarized jurat here.]
11. SIGNATURE BLOCK
text
Respectfully submitted,
[ATTORNEY NAME] (BPR No. _)
[LAW FIRM NAME]
[Street Address]
[City, State ZIP]
Telephone: [_]
Email: [_]
Counsel for Plaintiff
OPTIONAL ARBITRATION AND ADR STATEMENT
[// GUIDANCE: The metadata lists “Arbitration: optional.” If the parties have a pre-existing agreement compelling arbitration, include the following affirmative allegation to preserve Plaintiff’s position.]
Plaintiff is unaware of any valid agreement requiring arbitration of the claims asserted herein. To the extent any Defendant contends that arbitration is mandatory, Plaintiff denies waiver of the constitutional right to trial by jury and affirmatively pleads that the wrongful-death statutes contemplate adjudication in a court of competent jurisdiction.
NOTES FOR CUSTOMIZATION
• Statutory Beneficiaries: Confirm hierarchy—spouse > children > parents > personal representative—per Tenn. Code Ann. § 20-5-106(a).
• Damage Caps: Examine current constitutional challenges; plead in the alternative that caps are unconstitutional as applied.
• Comparative Fault: Anticipate affirmative defenses under Tenn. Code Ann. § 29-11-101; gather facts to rebut comparative negligence allegations.
• Healthcare Liability Actions: If medical negligence is alleged, comply with Tenn. Code Ann. §§ 29-26-121 (pre-suit notice) and -122 (certificate of good faith).
• Survival Action Claims: Itemize Decedent’s pre-death pain and suffering separately in discovery to avoid confusion with beneficiary damages.
[// GUIDANCE: Save the finalized complaint in .docx and PDF formats, and prepare a civil summons for each Defendant per Tenn. R. Civ. P. 4.]