[DRAFT] WRONGFUL DEATH COMPLAINT

Utah State Court – Template for Attorney Customization

[// GUIDANCE: This template is drafted to comply with Utah’s Wrongful Death Act, Utah Code Ann. § 78B-3-106, the Survival Action statute, Utah Code Ann. § 78B-3-107, and the Utah Rules of Civil Procedure (“URCP”). All bracketed items must be completed or tailored to the facts of the case before filing.]

TABLE OF CONTENTS

1. Caption
2. Complaint Body
   2.1 Parties
   2.2 Jurisdiction & Venue
   2.3 Definitions
   2.4 Factual Allegations
   2.5 Causes of Action
   • Count I – Wrongful Death
   • Count II – Survival Action (optional)
   • Count III – Negligence (optional)
   2.6 Damages
   2.7 Prayer for Relief
   2.8 Demand for Jury Trial
   2.9 Reservation of Rights
3. Signature Block
4. Verification (if required)

1. CAPTION

IN THE [] JUDICIAL DISTRICT COURT
IN AND FOR [____] COUNTY, STATE OF UTAH

[PLAINTIFF(S) FULL LEGAL NAME(S)],
Plaintiffs,
v. COMPLAINT
(WRONGFUL DEATH)
[DEFENDANT(S) FULL LEGAL NAME(S)],
Defendants. Civil No.: [_]
Judge: [Hon. ____]

2. COMPLAINT

2.1 Parties

1. Plaintiff [Personal Representative’s Name] (“Personal Representative”) is the duly appointed personal representative of the Estate of [Decedent’s Full Name] (“Decedent”) and brings this action on behalf of the Estate and Decedent’s statutory heirs pursuant to Utah Code Ann. § 78B-3-106.
2. Plaintiffs [Name each statutory heir] (collectively, the “Heirs”) are “heirs” as that term is defined in Utah Code Ann. § 78B-3-105 and § 75-2-114, and are qualified beneficiaries entitled to recover damages for the wrongful death of Decedent.
3. Defendant [Defendant Entity/Individual] (“Defendant”) is a [corporation/LLC/individual] organized under the laws of [state] with its principal place of business/residence at [address], and at all relevant times conducted business or committed tortious acts in Utah.
4. [Add additional Defendants/Parties as needed.]

2.2 Jurisdiction & Venue

5. This Court has subject-matter jurisdiction under Utah Code Ann. § 78A-5-102 and URCP 3 because the amount in controversy exceeds $[____] and the claims arise under Utah’s Wrongful Death Act (§ 78B-3-106).
6. Venue is proper in this County pursuant to Utah Code Ann. § 78B-3-307 because [state venue facts—e.g., tort occurred here, Defendant resides here].
7. All conditions precedent to filing this action have been satisfied, including compliance with any applicable pre-litigation notice requirements.

2.3 Definitions

For ease of reference, the following capitalized terms shall have the meanings set forth below:
“Decedent” – [Decedent’s Full Name], deceased on [date].
“Heirs” – Persons statutorily entitled to recover under Utah Code Ann. § 78B-3-106(1).
“Estate” – The probate estate of Decedent pending in [Probate Court, Case No.].
“Defendant” – [Primary Defendant Name] and, where context permits, its agents, servants, and employees.

[// GUIDANCE: Add, delete, or modify defined terms as facts warrant.]

2.4 Factual Allegations

8. On [date], Decedent was [describe activity/event] when Defendant [describe negligent act/omission].
9. Defendant owed Decedent a duty of reasonable care to [specify duty].
10. Defendant breached that duty by [specific conduct].
11. As a direct and proximate result of Defendant’s breach, Decedent suffered fatal injuries and died on [date].
12. Plaintiffs have suffered and will continue to suffer pecuniary loss, loss of companionship, mental anguish, funeral and burial expenses, and other damages recoverable under Utah law.

2.5 Causes of Action

COUNT I – WRONGFUL DEATH

(Brought under Utah Code Ann. § 78B-3-106)
13. Plaintiffs reallege Paragraphs 1–12 as if fully set forth herein.
14. Defendant’s wrongful acts caused Decedent’s death within the meaning of § 78B-3-106.
15. Plaintiffs, as statutory Heirs, are entitled to recover all damages permitted by § 78B-3-106(5), including:
a. Economic damages (loss of financial support, funeral expenses, etc.);
b. Non-economic damages (loss of companionship, mental anguish, etc.), subject to any statutory caps applicable to medical malpractice or governmental immunity, if applicable.

COUNT II – SURVIVAL ACTION (OPTIONAL)

(Brought under Utah Code Ann. § 78B-3-107)
16. Plaintiffs reallege Paragraphs 1–15.
17. Any personal injury claims possessed by Decedent prior to death survive to the Estate under § 78B-3-107.
18. The Estate is entitled to recover Decedent’s pre-death damages, including conscious pain and suffering, medical expenses, and lost earnings between injury and death.

COUNT III – NEGLIGENCE (OPTIONAL)

19. Plaintiffs reallege Paragraphs 1–18.
20. Defendant owed Decedent a duty of reasonable care, breached that duty, and thereby caused damages as alleged.

2.6 Damages

21. Plaintiffs seek judgment jointly and severally against Defendant for:
    a. Economic damages exceeding $[____];
    b. Non-economic damages in an amount to be determined at trial, subject to any statutory caps under Utah Code Ann. § 78B-3-410 (medical malpractice) or Utah Governmental Immunity Act, if applicable;
    c. Survival damages to the Estate;
    d. Pre- and post-judgment interest as allowed by law;
    e. Costs and reasonable attorney fees as permitted under [identify statutory or contractual basis, if any];
    f. Such other and further relief as the Court deems just.

[// GUIDANCE: Utah generally does not provide attorney-fee shifting in tort cases absent statute or contract. Consider leaving sub-paragraph (e) blank or citing a specific basis.]

2.7 Prayer for Relief

WHEREFORE, Plaintiffs respectfully request that the Court enter judgment in their favor and against Defendant as set forth in Paragraph 21 above.

2.8 Demand for Jury Trial

Pursuant to Article I, Section 10 of the Utah Constitution and URCP 38, Plaintiffs hereby demand a trial by jury on all issues so triable.

2.9 Reservation of Rights

Plaintiffs reserve the right to amend this Complaint to add additional parties, claims, or damages as discovery progresses and as justice requires under URCP 15.

3. SIGNATURE BLOCK

DATED: [_], 20[]

Respectfully submitted,

[ATTORNEY NAME] (Utah Bar No. ______)
[LAW FIRM NAME]
[Address] | [Telephone] | [Email]
Attorney for Plaintiffs

4. VERIFICATION (if required by court order or specific statute)

STATE OF UTAH )
) ss.
COUNTY OF [____] )

I, [Personal Representative’s Name], being first duly sworn, declare under penalty of perjury that I am the Personal Representative of the Estate of [Decedent] and that the foregoing Complaint is true and correct to the best of my knowledge, information, and belief.

[Personal Representative]

SUBSCRIBED AND SWORN to before me this ___ day of ____, 20__.

NOTARY PUBLIC
My Commission Expires: _____

ADDITIONAL STRATEGIC NOTES

[// GUIDANCE:
1. Statutory Beneficiaries – Confirm each Plaintiff falls within the definition of “heir” under Utah Code Ann. § 78B-3-105 & § 75-2-114 to avoid standing challenges.
2. Statutory Caps – Utah caps non-economic damages only in specific contexts (e.g., medical malpractice; governmental defendants). Analyze case-specific applicability before alleging uncapped damages.
3. Survival vs. Wrongful Death – Plead both to capture all recoverable damages; they are distinct causes under Utah law.
4. Comparative Fault – Utah follows modified comparative fault (Utah Code Ann. § 78B-5-818). Anticipate affirmative defenses and plead accordingly.
5. Pre-litigation Screening – If the claim involves medical negligence, comply with Utah Code Ann. § 78B-3-416 et seq. (notice of intent, pre-litigation panel).
6. Government Defendants – If suing a public entity/employee, satisfy notice provisions under the Governmental Immunity Act (Utah Code Ann. § 63G-7-401).
7. Service – Follow URCP 4 for service of process; personal representative letters must be attached if required.
]

END OF TEMPLATE – Attorney Review & Customization Required