COMPLAINT FOR WRONGFUL DEATH
(Virginia Circuit Court Template)
[// GUIDANCE: This template is designed for use in any Virginia Circuit Court where the ad damnum exceeds $25,000. Carefully review and tailor all bracketed text before filing. Ensure compliance with local rules, page limits, and formatting (e.g., font size, margins).]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Jurisdiction and Venue
IV. Parties
V. Factual Allegations
VI. Causes of Action
Count I – Wrongful Death (Negligence)
Count II – Survival Action (Personal Injury Claims)
VII. Damages Allegations
VIII. Demand for Jury Trial
IX. Prayer for Relief
X. General Provisions & Reservation of Rights
XI. Execution Block
XII. Certificate of Service
I. DOCUMENT HEADER
IN THE CIRCUIT COURT OF THE [COUNTY/CITY] OF [__], VIRGINIA
Civil Action No.: ___
[PLAINTIFF’S LEGAL NAME], Personal Representative of the Estate of [DECEDENT’S FULL LEGAL NAME], Deceased
Plaintiff,
v.
[DEFENDANT’S LEGAL NAME]
[Registered Agent/Service Address]
Defendant.
COMPLAINT FOR WRONGFUL DEATH
II. DEFINITIONS
For purposes of this Complaint, the following capitalized terms shall have the meanings set forth below, and such meanings shall apply equally to the singular and plural forms:
- “Decedent” means [DECEDENT’S FULL LEGAL NAME], who died on [DATE OF DEATH].
- “Personal Representative” means the duly qualified personal representative of the Decedent’s estate, appointed by the [NAME OF PROBATE COURT] on [DATE OF APPOINTMENT].
- “Defendant” means [DEFENDANT’S FULL LEGAL NAME], its agents, servants, and/or employees.
- “Statutory Beneficiaries” means those persons identified in Va. Code Ann. § 8.01-53 (2024) who are entitled to recover damages for wrongful death.
- “Wrongful Act” means the negligent, careless, reckless, or willful conduct alleged herein.
- “Survival Claim” refers to any personal injury claims of the Decedent that survive his/her death pursuant to Va. Code Ann. § 8.01-25 (2024).
III. JURISDICTION AND VENUE
3.01 This Court has subject-matter jurisdiction over this civil action pursuant to Va. Code Ann. § 17.1-513 (2024) because the amount in controversy exceeds $25,000.
3.02 Venue is proper in this Court under Va. Code Ann. § 8.01-262 (2024) in that:
a. The Defendant resides or has its principal place of business in this [county/city]; or
b. The causes of action arose in this [county/city].
IV. PARTIES
4.01 Plaintiff, [PLAINTIFF’S NAME], is the duly appointed Personal Representative of the Estate of [DECEDENT’S NAME], acting for the exclusive benefit of the Decedent’s Statutory Beneficiaries.
4.02 Defendant, [DEFENDANT’S NAME], is a [corporation/LLC/individual] organized under the laws of [STATE] and transacting business in the Commonwealth of Virginia at all relevant times.
V. FACTUAL ALLEGATIONS
5.01 On or about [DATE], at approximately [TIME], the Decedent was present at [LOCATION].
5.02 While at said location, the Decedent was subjected to the Wrongful Act of the Defendant as follows:
a. [SPECIFIC ACT OR OMISSION #1];
b. [SPECIFIC ACT OR OMISSION #2]; and
c. Other negligent and/or reckless conduct to be proven at trial.
5.03 As a direct and proximate result of the Wrongful Act, the Decedent sustained severe injuries that caused his/her death on [DATE OF DEATH].
5.04 All conditions precedent to the institution of this action, including qualification of the Personal Representative and timely filing within the two-year statute of limitations set forth in Va. Code Ann. § 8.01-244(B) (2024), have been satisfied or duly waived.
VI. CAUSES OF ACTION
COUNT I – WRONGFUL DEATH (NEGLIGENCE)
6.01 Plaintiff realleges and incorporates by reference Paragraphs 5.01 through 5.04.
6.02 Defendant owed the Decedent a duty of reasonable care under the circumstances.
6.03 Defendant breached that duty through the Wrongful Act described above.
6.04 The breach was a direct and proximate cause of the Decedent’s death, giving rise to a statutory cause of action under Va. Code Ann. § 8.01-50 (2024).
6.05 Plaintiff seeks all damages recoverable under Va. Code Ann. § 8.01-52 (2024), as more fully set forth in Section VII below.
COUNT II – SURVIVAL ACTION (PERSONAL INJURY CLAIMS)
6.06 Plaintiff realleges and incorporates by reference Paragraphs 5.01 through 6.05.
6.07 Pursuant to Va. Code Ann. § 8.01-25 (2024), any personal injury claims of the Decedent survive his/her death and are now vested in the Estate.
6.08 To the extent separate damages existed between the time of injury and death—including pain, suffering, and medical expenses—Plaintiff asserts those damages herein.
[// GUIDANCE: Plead additional counts (e.g., negligence per se, gross negligence, punitive damages) where supported by facts.]
VII. DAMAGES ALLEGATIONS
7.01 Pursuant to Va. Code Ann. §§ 8.01-52 & -53 (2024), Plaintiff seeks a judgment in an amount to be proven at trial, including but not limited to:
a. Sorrows, mental anguish, and solace for the Statutory Beneficiaries, including loss of companionship, comfort, guidance, and advice;
b. Compensation for reasonably expected loss of income and services, protection, care, and assistance provided by the Decedent;
c. Medical expenses incurred as a result of the Decedent’s fatal injuries;
d. Reasonable funeral and burial expenses (subject to the statutory limit then in effect); and
e. Punitive damages for willful or wanton conduct, if proven.
7.02 To the extent the underlying facts fall within the Virginia medical malpractice statutory scheme, recovery is subject to the damage cap codified at Va. Code Ann. § 8.01-581.15 (2024).
7.03 Plaintiff expressly seeks prejudgment and post-judgment interest as allowed by law.
VIII. DEMAND FOR JURY TRIAL
8.01 Plaintiff demands a trial by jury on all issues so triable as a matter of right under Article I, § 11 of the Constitution of Virginia and Va. Sup. Ct. R. 3:21.
IX. PRAYER FOR RELIEF
WHEREFORE, Plaintiff, as Personal Representative of the Estate of [DECEDENT’S NAME], respectfully requests that this Court:
A. Enter judgment in favor of Plaintiff and against Defendant in the sum of [“$______” OR “an amount in excess of the jurisdictional limits of this Court to be proven at trial”], plus prejudgment interest;
B. Award punitive damages in the amount of $[______] or such amount as the jury deems just;
C. Tax all allowable costs against Defendant, including expert witness fees as permitted;
D. Award post-judgment interest at the statutory rate; and
E. Grant such other and further relief as the Court deems just and proper.
X. GENERAL PROVISIONS & RESERVATION OF RIGHTS
10.01 Plaintiff reserves the right to amend this Complaint pursuant to Va. Sup. Ct. R. 1:8.
10.02 Nothing herein shall be construed as a waiver of any right, claim, or remedy at law or in equity.
XI. EXECUTION BLOCK
Respectfully submitted this ___ day of ____, 20__.
[ATTORNEY NAME] (VSB No. __)
[LAW FIRM NAME]
[Address]
[City, State ZIP]
Telephone: [--]
Facsimile: [--_]
Email: [_]
Counsel for Plaintiff,
[PLAINTIFF’S NAME], Personal Representative of the Estate of [DECEDENT’S NAME]
[// GUIDANCE: Add notarized verification by Personal Representative if required by local practice.]
XII. CERTIFICATE OF SERVICE
I hereby certify that on the ___ day of ____, 20__, a true and correct copy of the foregoing was served via [METHOD OF SERVICE] upon:
[DEFENSE COUNSEL NAME]
[FIRM NAME]
[Address]
[ATTORNEY NAME]
[// GUIDANCE:
1. Statute of Limitations – Confirm suit is filed within two (2) years of death.
2. Probate – Ensure qualification paperwork is filed and Letters Testamentary/Administration are attached if local rules require.
3. Beneficiary Identification – Prepare a separate list of Statutory Beneficiaries for discovery and potential distribution order.
4. Medical Malpractice Screening – If applicable, comply with Va. Code Ann. § 8.01-581.1 et seq.
5. Pleading Amount – Virginia prohibits stating a specific dollar amount in a wrongful death ad damnum in medical malpractice cases; verify applicability.]