Wrongful Death Complaint - Texas

WRONGFUL DEATH & SURVIVAL ACTION COMPLAINT

(Texas State Court Template)

TABLE OF CONTENTS

1. Document Header
2. Discovery Control Plan & Claim for Damages (TRCP 47)
3. Parties
4. Jurisdiction & Venue
5. Capacity, Standing & Statutory Beneficiaries
6. Factual Background

7. Causes of Action
   7.1. Wrongful Death (TCPRC § 71.002 & § 71.004)
   7.2. Survival Action (TCPRC § 71.021)

8. Damages & Statutory Caps

9. Conditions Precedent
10. Jury Demand (Tex. Const. art. I, § 15; TRCP 216)
11. Request for Disclosure (TRCP 194)
12. Preservation of Evidence Notice
13. Prayer
14. Signature Block
15. Verification / Declaration (if required)

1. DOCUMENT HEADER

CAUSE NO. [__________]

IN THE DISTRICT COURT OF [___] COUNTY, TEXAS, [____] JUDICIAL DISTRICT

PLAINTIFFS’ ORIGINAL PETITION FOR WRONGFUL DEATH AND SURVIVAL ACTION

Effective Date: Upon filing
Governing Law: Texas Wrongful Death & Survival Statutes

2. DISCOVERY CONTROL PLAN & CLAIM FOR DAMAGES

2.1 Discovery Level. Plaintiffs intend that discovery be conducted under TRCP Level [1/2/3].

2.2 Damages Pleading. Pursuant to TRCP 47(c), Plaintiffs seek monetary relief [only monetary relief of $325,000 or less / monetary relief over $325,000 but not more than $1,000,000 / monetary relief over $1,000,000], exclusive of interest and costs.

3. PARTIES

3.1 Plaintiffs.
(a) [PLAINTIFF 1], an individual and [relationship—e.g., surviving spouse] of the Decedent, residing at [ADDRESS]. [PLAINTIFF 1]'s driver's license number, if issued, ends in [LAST THREE DIGITS / NOT ISSUED], and [PLAINTIFF 1]'s Social Security number, if issued, ends in [LAST THREE DIGITS / NOT ISSUED].
(b) [PLAINTIFF 2], [child/parent] of the Decedent, residing at [ADDRESS]. [PLAINTIFF 2]'s driver's license number, if issued, ends in [LAST THREE DIGITS / NOT ISSUED], and [PLAINTIFF 2]'s Social Security number, if issued, ends in [LAST THREE DIGITS / NOT ISSUED].
(c) [ESTATE REPRESENTATIVE], in capacity as Independent Administrator of the Estate of [DECEDENT], as authorized under Letters of Administration issued by the Probate Court of [COUNTY], Texas, Cause No. [__________]. [ESTATE REPRESENTATIVE]'s driver's license number, if issued, ends in [LAST THREE DIGITS / NOT ISSUED], and [ESTATE REPRESENTATIVE]'s Social Security number, if issued, ends in [LAST THREE DIGITS / NOT ISSUED].

Enter only the last three digits of each issued number for each filing person.

3.2 Defendants.
(a) [DEFENDANT 1], a Texas corporation with its principal office at [ADDRESS], may be served through its registered agent: [NAME & ADDRESS].
(b) [DEFENDANT 2], an individual resident of [COUNTY], Texas, may be served at [ADDRESS] or wherever found.

4. JURISDICTION & VENUE

4.1 This Court has subject-matter jurisdiction under Tex. Gov't Code § 24.007(b) because the amount in controversy exceeds $500, exclusive of interest, and because wrongful death and survival claims are within the district court's original jurisdiction.

4.2 Venue is proper in [___] County under TCPRC § 15.002(a)(1) because all or a substantial part of the events or omissions giving rise to these claims occurred in this county.

5. CAPACITY, STANDING & STATUTORY BENEFICIARIES

5.1 Plaintiffs bring this action under TCPRC § 71.004 on behalf of all statutorily eligible beneficiaries, specifically the Decedent’s spouse, children, and parents.

5.2 The Estate’s claims are asserted under TCPRC § 71.021 by [ESTATE REPRESENTATIVE], duly appointed and qualified.

5.3 No other person not joined herein is known to have a superior right to recover for Decedent’s injury or death.

5.4 The wrongful death claim is timely under TCPRC § 16.003(b), measured from Decedent's death on [DATE OF DEATH]. The survival claim is timely under TCPRC § 16.003(a), measured from the accrual of Decedent's own personal-injury claim on [DATE OF INJURY/ACCRUAL], with [DESCRIBE ANY APPLICABLE SUSPENSION OF LIMITATIONS UNDER § 16.062 OR DELETE THIS CLAUSE].

6. FACTUAL BACKGROUND

6.1 On or about [DATE], at approximately [TIME], Decedent was [describe activities] at [LOCATION] when Defendants negligently [describe acts/omissions], causing fatal injuries to Decedent.

6.2 Prior to death, Decedent experienced conscious pain and suffering and incurred medical expenses totaling approximately $[AMOUNT]. Decedent died on [DATE OF DEATH].

6.3 At all relevant times, Defendants owed duties of reasonable care to Decedent and the public, which they breached by [specific negligent actions].

7. CAUSES OF ACTION

7.1 Wrongful Death (TCPRC §§ 71.002, 71.004)

7.1.1 Duty & Breach. Defendants owed Decedent a duty of ordinary care, including but not limited to [enumerate statutory/regulatory duties if applicable]. Defendants breached these duties by [acts/omissions].

7.1.2 Proximate Cause. Defendants’ breaches proximately caused Decedent’s death and Plaintiffs’ resulting damages.

7.1.3 Wrongful Death Damages. Plaintiffs seek:
(a) Pecuniary loss (loss of care, maintenance, support, services, advice, counsel, and contributions of pecuniary value);
(b) Loss of companionship and society;
(c) Mental anguish;
(d) Loss of inheritance; and
(e) For a claimant who is Decedent's surviving spouse or heir of the body, exemplary damages for willful acts or gross negligence under TCPRC § 71.009 and Tex. Const. art. XVI, § 26, subject to applicable statutory caps under TCPRC § 41.008. A parent does not seek exemplary damages under this wrongful-death claim.

7.2 Survival Action (TCPRC § 71.021)

7.2.1 By and through the Estate, Plaintiffs seek all damages Decedent could have recovered had he/she lived, including:
(a) Conscious pain and suffering;
(b) Medical expenses;
(c) Funeral and burial expenses;
(d) Property damage; and
(e) Pre- and post-judgment interest.

8. DAMAGES & STATUTORY CAPS

8.1 Plaintiffs plead for actual damages in an amount within the jurisdictional limits. Only a qualifying claimant identified in Paragraph 7.1.3(e) seeks wrongful-death exemplary damages, if supported by the facts.

8.2 Plaintiffs acknowledge exemplary damages are subject to TCPRC § 41.008’s cap of the greater of:
(1) $200,000; or
(2) Two times the amount of economic damages plus an amount equal to any noneconomic damages found by the jury, not to exceed $750,000.

9. CONDITIONS PRECEDENT

All conditions precedent to Plaintiffs’ claims have been performed, have occurred, or have been waived. TRCP 54.

10. JURY DEMAND

Plaintiffs demand a trial by jury pursuant to Tex. Const. art. I, § 15 and TRCP 216, and tender the requisite jury fee. Plaintiffs expressly do not waive their constitutional right to trial by jury.

11. INITIAL DISCLOSURES (TRCP 194)

The parties must make the initial disclosures required by TRCP 194.1 and 194.2 without awaiting a request. Unless otherwise agreed or ordered, disclosures are due within 30 days after the first answer or general appearance; a party first served or joined after that filing has 30 days after service or joinder.

12. PRESERVATION OF EVIDENCE NOTICE

Defendants are hereby given notice to preserve all evidence relating to the subject incident, including electronic records, pending litigation hold instructions. Failure to do so may result in sanctions for spoliation.

13. PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiffs respectfully request that Defendants be cited to appear and answer, and that upon final trial, Plaintiffs recover:

a. Actual damages as proven at trial;
b. Exemplary damages for a qualifying claimant, if proven and permitted under Paragraph 7.1.3(e);
c. Pre-judgment and post-judgment interest at the highest lawful rates;
d. Costs of court; and
e. All other relief, at law or in equity, to which Plaintiffs may be justly entitled.

14. SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [FAX] | [EMAIL]

By: ______________________________
[ATTORNEY NAME], State Bar No. [___]
ATTORNEY FOR PLAINTIFFS

15. VERIFICATION / DECLARATION (OPTIONAL OR REQUIRED BY LOCAL RULE)

STATE OF TEXAS §
COUNTY OF [__________] §

BEFORE ME, the undersigned authority, on this day personally appeared [NAME], who, after being duly sworn, stated under oath that the facts set forth in the foregoing Petition are within his/her personal knowledge and are true and correct.

___________________________________
[NAME], Affiant

SUBSCRIBED AND SWORN TO before me on this ___ day of __________, 20__.

___________________________________
Notary Public, State of Texas

My Commission Expires: ____________

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