IN THE CIRCUIT COURT OF [COUNTY] COUNTY, WEST VIRGINIA

[PLAINTIFF NAME], as the duly-appointed Personal Representative of the Estate of [DECEDENT NAME],
  Plaintiff,

v.

[DEFENDANT NAME(S)],
  Defendant(s).

Civil Action No.: [_]
Judge: [_]

COMPLAINT FOR WRONGFUL DEATH AND SURVIVAL ACTION

[// GUIDANCE: Tailor caption to local Circuit Court practice. If filing in Mass Litigation Panel or Business Court Division, conform caption accordingly.]

TABLE OF CONTENTS

1. Parties .............................................................................................. ¶1
2. Jurisdiction & Venue ................................................................... ¶4
3. General Allegations ................................................................... ¶7
4. Count I – Wrongful Death (W. Va. Code §§ 55-7-5,-6) ............. ¶20
5. Count II – Survival Action (W. Va. Code § 55-7-8a) ................. ¶28
6. Damages .................................................................................... ¶33
7. Reservation of Rights ............................................................ ¶40
8. Jury Demand ........................................................................... ¶43
9. Prayer for Relief ........................................................................ ¶44
10. Certification & Verification ................................................... ¶48

[// GUIDANCE: Paragraph numbers auto-update in most word processors; confirm numbering before filing.]

PARTIES

1. Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is a resident of [COUNTY] County, West Virginia and was appointed Personal Representative of the Estate of [DECEDENT NAME] (“Decedent”) by the County Commission of [COUNTY] County, Probate Division, Case No. [_], on [DATE], and is authorized to bring this action pursuant to W. Va. Code §§ 55-7-5 and 55-7-6.

2. Decedent was a resident of [COUNTY] County, West Virginia, and died on [DATE OF DEATH] as a direct and proximate result of the wrongful acts and omissions alleged herein.

3. Defendant [DEFENDANT NAME] is a [corporation/LLC/individual] organized under the laws of [STATE] with its principal place of business in [LOCATION] and may be served through its registered agent, [AGENT NAME & ADDRESS].
      a. At all relevant times, Defendant was acting by and through its employees, agents, and/or servants within the course and scope of their employment, such that Defendant is vicariously liable under the doctrine of respondeat superior.

[// GUIDANCE: Add additional defendants or fictitious/unidentified defendants as appropriate under W. Va. R. Civ. P. 10(f).]

JURISDICTION & VENUE

4. This Court has subject-matter jurisdiction pursuant to W. Va. Const. art. VIII, § 6 and W. Va. Code § 51-2-2, as the amount in controversy exceeds the jurisdictional minimum and the causes of action arise under West Virginia statutory and common law.

5. Personal jurisdiction exists over Defendant because it [is domiciled in / maintains systematic and continuous contacts with / committed tortious acts within] the State of West Virginia.

6. Venue is proper in this Court under W. Va. Code § 56-1-1 because [county-specific venue facts—e.g., the wrongful acts occurred here or Defendant resides/has principal office here].

GENERAL ALLEGATIONS

7. On [DATE], Decedent was lawfully present at [LOCATION] when Defendant and/or its agents negligently, recklessly, willfully, and/or wantonly [describe wrongful conduct—e.g., operated a motor vehicle, manufactured a defective product, provided negligent medical care].

8. As a direct and proximate result of Defendant’s misconduct, Decedent sustained severe injuries, conscious pain and suffering, medical expenses, and ultimately death on [DATE OF DEATH].

9. Prior to death, Decedent incurred [medical expenses, lost wages, other economic losses] attributable to Defendant’s conduct.

10. Plaintiff complied with all statutory prerequisites, including appointment as Personal Representative and timely filing within the applicable statute of limitations set forth in W. Va. Code § 55-2-12.

[// GUIDANCE: If pre-suit notice or screening panel requirements apply (e.g., MPLA for medical malpractice), insert compliance allegations.]

COUNT I – WRONGFUL DEATH

(Statutory Action under W. Va. Code §§ 55-7-5 and 55-7-6)

20. Plaintiff realleges and incorporates ¶¶1–19 as if fully restated herein.

21. Under W. Va. Code § 55-7-5, when a person’s death is caused by the wrongful act, neglect, or default of another, the personal representative may maintain an action for damages against the person(s) responsible.

22. Defendant owed Decedent a duty [describe specific duty—e.g., duty to exercise reasonable care in operating a motor vehicle].

23. Defendant breached that duty by [specific acts/omissions].

24. Defendant’s breach was the direct and proximate cause of Decedent’s death.

25. Pursuant to W. Va. Code § 55-7-6, any damages recovered shall be distributed to the statutory beneficiaries, including the surviving spouse, children, parents, siblings, or others who were financially dependent upon Decedent at the time of death (“Beneficiaries”).

26. Plaintiff seeks all damages recoverable under § 55-7-6, including but not limited to:
       a. Sorrow, mental anguish, and solace of the Beneficiaries;
       b. Loss of Decedent’s society, companionship, comfort, guidance, kindly offices, and advice;
       c. Loss of services, protection, care, and assistance;
       d. Loss of reasonably expected income and benefits;
       e. Expenses for the care, treatment, and hospitalization incident to the injury resulting in death;
       f. Reasonable funeral and burial expenses; and
       g. Punitive damages, where warranted by willful, wanton, reckless, or malicious conduct.

27. To the extent applicable, Plaintiff pleads and invokes any statutory or common-law caps on non-economic or punitive damages, including but not limited to those set forth in the West Virginia Medical Professional Liability Act, W. Va. Code § 55-7B-8, [or other relevant statute], without waiving any challenge to the constitutionality or applicability of such caps.

COUNT II – SURVIVAL ACTION

(Common-Law and Statutory Survival, W. Va. Code § 55-7-8a)

28. Plaintiff realleges and incorporates ¶¶1–27 as if fully restated herein.

29. Prior to death, Decedent suffered conscious pain, suffering, and economic losses that survive his/her death under W. Va. Code § 55-7-8a.

30. Defendant’s conduct, as described above, directly and proximately caused Decedent’s injuries.

31. Plaintiff seeks all damages recoverable under West Virginia survival law, including but not limited to:
       a. Decedent’s conscious pain and suffering;
       b. Lost earnings between injury and death;
       c. Medical and related expenses incurred prior to death;
       d. Pre-judgment and post-judgment interest as allowed by law.

32. Any recovery under this Count shall be administered as an estate asset, subject to creditors’ claims and lawful distribution.

DAMAGES

33. Plaintiff incorporates ¶¶1–32.

34. Plaintiff seeks judgment, jointly and severally, against all Defendants for a sum that will fairly and adequately compensate the Estate and Beneficiaries, consistent with statutory limits, and in an amount to be determined by the trier of fact, but not less than $[AMOUNT] exclusive of interest and costs.

35. Plaintiff further seeks punitive damages in an amount sufficient to punish and deter Defendant, subject to any constitutional or statutory caps.

36. Plaintiff claims pre-judgment interest pursuant to W. Va. Code § 56-6-31 and post-judgment interest at the statutory rate.

37. Plaintiff reserves the right to amend this Complaint to conform to the evidence and to plead additional damages as discovery progresses.

RESERVATION OF RIGHTS

40. Nothing herein shall be construed as a waiver of any right to pursue additional causes of action, additional theories of liability, or additional defendants as may become known through discovery.

41. Plaintiff specifically reserves all rights under West Virginia law to amend pleadings pursuant to W. Va. R. Civ. P. 15.

JURY DEMAND

43. Pursuant to W. Va. Const. art. III, § 13 and W. Va. R. Civ. P. 38, Plaintiff demands a trial by jury on all issues so triable.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendant(s) as follows:

a. Compensatory damages in such amounts as shall be determined by the jury;
b. Punitive damages as permitted by law;
c. Pre-judgment and post-judgment interest;
d. Costs of this action, including reasonable attorney’s fees where allowable;
e. Such other and further relief, both legal and equitable, as the Court deems just and proper.

CERTIFICATION

48. Undersigned counsel hereby certifies that to the best of his/her knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, this pleading is well-grounded in fact and is warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, and is not interposed for any improper purpose, in compliance with W. Va. R. Civ. P. 11.

[ATTORNEY SIGNATURE BLOCK]

[ATTORNEY NAME] (WVSB #_____)
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Plaintiff

VERIFICATION

I, [PLAINTIFF NAME], being first duly sworn, depose and say that I am the Personal Representative of the Estate of [DECEDENT NAME]; that I have read the foregoing Complaint and know the contents thereof; that the same is true to the best of my knowledge, information, and belief.

[PLAINTIFF NAME]
Personal Representative

STATE OF WEST VIRGINIA, COUNTY OF [_], TO-WIT:

Subscribed and sworn before me this ___ day of ____, 20__, by [PLAINTIFF NAME].

Notary Public
My Commission Expires: _____

[// GUIDANCE: Verify notarization requirements with local clerk. Some counties require the notary’s name sealed or typed beneath signature per W. Va. Code § 39-4-19.]

OPTIONAL PLEADING ADDENDA

1. Rule 26(f) Initial Disclosures – Attach if simultaneous service is advantageous.
2. Certificate of Merit – Required for medical professional liability actions under W. Va. Code § 55-7B-6.
3. Arbitration Provision Waiver Notice – If any contractual arbitration clause is implicated, attach notice of intent to litigate.

[// GUIDANCE: West Virginia disfavors pre-injury arbitration clauses in nursing-home and wrongful-death contexts; evaluate Clendenin v. PinOak Energy, 231 W. Va. 881 (2013) progeny before compelling arbitration.]

END OF DOCUMENT