Wrongful Death Complaint - Vermont

COMPLAINT FOR WRONGFUL DEATH AND SURVIVAL ACTION

Vermont Superior Court – [COUNTY] Unit, Civil Division

Docket No.: _____________

TABLE OF CONTENTS

1. Parties .......................................................................................................................... 2
2. Jurisdiction and Venue .............................................................................................. 2
3. Factual Allegations ..................................................................................................... 3

4. Causes of Action ........................................................................................................ 5
   4.1 Count I – Wrongful Death (14 V.S.A. § 1491) .................................................. 5
   4.2 Count II – Survival Action (14 V.S.A. §§ 1452–1453) ................................... 6

5. Damages .................................................................................................................... 7

6. Prayer for Relief ......................................................................................................... 8
7. Jury Demand .............................................................................................................. 9
8. Verification ................................................................................................................. 9
9. Attorney Signature Block ..........................................................................................10
10. Certificate of Service ...............................................................................................11

1. PARTIES

1.1 Plaintiff [PLAINTIFF] (“Plaintiff”) is the duly appointed Personal Representative of the Estate of [DECEDENT] (“Decedent”) pursuant to the Letters Testamentary/Letters of Administration issued by the Vermont Probate Division, [COUNTY] Probate Unit, on [DATE OF APPOINTMENT].

1.2 Defendant [DEFENDANT] is a [corporation/individual/other entity] organized under the laws of [STATE] with its principal place of business/residence at [ADDRESS] and at all relevant times conducted business and/or committed tortious acts in the State of Vermont.

1.3 At all times relevant, Defendant acted by and through its officers, employees, agents, servants, and/or representatives, each of whom acted within the course and scope of their employment and/or agency and for whose acts Defendant is vicariously liable.

2. JURISDICTION AND VENUE

2.1 This Court has subject-matter jurisdiction under Vt. Const. ch. II, § 4 and 4 V.S.A. § 31, as this is a civil action asserting claims arising under Vermont's Wrongful Death Statute, 14 V.S.A. §§ 1491–1492, and Vermont's Survival Statutes, 14 V.S.A. §§ 1452–1453.

2.2 Personal jurisdiction is proper because Defendant:
(a) transacts business in Vermont;
(b) committed the tortious acts complained of within Vermont; and/or
(c) maintains sufficient minimum contacts with Vermont consistent with due process and 12 V.S.A. § 913(b).

2.3 Venue lies in this Court pursuant to 12 V.S.A. § 402 because the cause of action arose in [COUNTY] County and Defendant resides/does business in this county.

2.4 Pursuant to 14 V.S.A. § 1492, this action is timely filed within two (2) years of Decedent’s death (or of the date the cause of action reasonably should have been discovered, if applicable).

3. FACTUAL ALLEGATIONS

3.1 On or about [DATE], Decedent was lawfully present at [LOCATION].

3.2 Defendant, through acts and omissions including but not limited to [SPECIFIC NEGLIGENT ACTS—e.g., failure to maintain safe premises / negligent operation of motor vehicle / medical malpractice], breached its duty of reasonable care owed to Decedent.

3.3 As a direct and proximate result of Defendant’s negligence, Decedent sustained severe injuries culminating in death on [DATE OF DEATH].

3.4 Plaintiff complied with all procedural prerequisites, including appointment as Personal Representative and issuance of any required probate orders authorizing this action.

3.5 Decedent is survived by the following statutory beneficiaries eligible to recover under 14 V.S.A. § 1492(c):
(a) [SPOUSE NAME] – spouse;
(b) [CHILD(REN) NAME(S)] – child(ren);
(c) [OTHER NEXT OF KIN, if applicable].

3.6 Plaintiff has incurred, and will continue to incur, funeral and burial expenses, medical expenses, and other pecuniary losses attributable to Defendant’s wrongful conduct.

3.7 Plaintiff, on behalf of Decedent's Estate and statutory beneficiaries, seeks all damages available at law, including the pecuniary injuries to the spouse and next of kin recoverable under 14 V.S.A. § 1492(b) and the conscious pain and suffering sustained by Decedent prior to death, recoverable under the Survival Statute, 14 V.S.A. §§ 1452–1453.

4. CAUSES OF ACTION

4.1 Count I – Wrongful Death (14 V.S.A. § 1491)

4.1.1 Plaintiff realleges and incorporates by reference Paragraphs 1 through 3.7.

4.1.2 Under Vermont law, when the death of a person is caused by the wrongful act, neglect, or default of another, damages may be recovered by the decedent’s personal representative for the benefit of the statutory beneficiaries. 14 V.S.A. § 1491.

4.1.3 Defendant owed Decedent a duty of reasonable care and breached that duty by [SPECIFIC BREACHES].

4.1.4 Defendant’s breach was the direct and proximate cause of Decedent’s death and of the damages described herein.

4.1.5 Plaintiff therefore seeks such damages as are just, with reference to the pecuniary injuries resulting from Decedent's death to the spouse and next of kin, as permitted under 14 V.S.A. § 1492(b), including but not limited to:
(a) medical and funeral expenses;
(b) loss of Decedent's earning capacity and financial support;
(c) loss of services, care, and household contributions Decedent would have provided;
(d) [IF DECEDENT WAS A MINOR CHILD: loss of love and companionship of the child and destruction of the parent-child relationship, pursuant to 14 V.S.A. § 1492(b)]; and
(e) statutory interest pursuant to 9 V.S.A. § 41a(a).

4.2 Count II – Survival Action (14 V.S.A. §§ 1452–1453)

4.2.1 Plaintiff realleges and incorporates by reference Paragraphs 1 through 3.7.

4.2.2 Under 14 V.S.A. § 1452, an action for the recovery of damages for a bodily hurt or injury survives the death of the injured party and may be prosecuted to final judgment by the executor or administrator of the deceased party. Pursuant to 14 V.S.A. § 1453, this cause of action may be commenced and prosecuted by Plaintiff as Personal Representative of the Estate.

4.2.3 Prior to death, Decedent experienced conscious pain, suffering, and emotional distress directly attributable to Defendant’s wrongful conduct.

4.2.4 Plaintiff seeks all compensatory damages recoverable under the Survival Statute, including Decedent's pre-death conscious pain and suffering, medical expenses, and lost earnings between injury and death.

5. DAMAGES

5.1 Wrongful-Death Pecuniary Damages (14 V.S.A. § 1492(b)) — to the spouse and next of kin
(a) Past and future medical expenses attributable to the fatal injury: $[AMOUNT]
(b) Funeral and burial costs: $[AMOUNT]
(c) Loss of Decedent's expected earnings, financial support, and services: $[AMOUNT]
(d) [IF DECEDENT WAS A MINOR CHILD ONLY: loss of love and companionship of the child and destruction of the parent-child relationship, as an element of "pecuniary injuries" under 14 V.S.A. § 1492(b): $[AMOUNT]]

5.2 Survival Action Damages (14 V.S.A. §§ 1452–1453) — to the Estate
(a) Decedent's conscious pain and suffering prior to death.
(b) Decedent's medical expenses incurred prior to death.
(c) Decedent's lost earnings between injury and death.

5.3 Pre- and post-judgment interest at the legal rate under 9 V.S.A. § 41a(a).

5.4 Costs of suit and such other relief as the Court deems just.

6. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

A. Enter judgment in favor of Plaintiff and against Defendant on all Counts;
B. Award compensatory damages in an amount to be proven at trial;
C. Award pre- and post-judgment interest as permitted by 9 V.S.A. § 41a;
D. Award costs of suit pursuant to V.R.C.P. 54(d);
E. Grant such other and further relief as the Court deems equitable and just.

7. JURY DEMAND

Pursuant to V.R.C.P. 38(a), Plaintiff demands a trial by jury on all issues so triable as of right.

8. VERIFICATION

I, [PLAINTIFF], Personal Representative of the Estate of [DECEDENT], verify under oath that the factual allegations in this Complaint are true and correct to the best of my knowledge, information, and belief.

____________________________________
[PLAINTIFF NAME]
Date: _____________

State of Vermont
County of [COUNTY]

Subscribed and sworn to before me on this ___ day of __________, 20__, by [PLAINTIFF].

____________________________________
Notary Public
Commission Expires: ___________

9. ATTORNEY SIGNATURE BLOCK

Respectfully submitted,

____________________________________
[ATTORNEY NAME], Esq.
Bar No. [VT BAR #]
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Plaintiff

Date: _____________

10. CERTIFICATE OF SERVICE

I hereby certify that on this ___ day of __________, 20__, I caused a true and correct copy of the foregoing Complaint to be served on all counsel/parties of record via [METHOD OF SERVICE CONSISTENT WITH V.R.C.P. 5].

____________________________________
[ATTORNEY NAME], Esq.