Wrongful Death Complaint

IN THE DISTRICT COURT OF [COUNTY] COUNTY

STATE OF WYOMING

[PLAINTIFF], as the Wrongful Death Representative of [DECEDENT],

Plaintiff,

v.

[DEFENDANT]

Defendant.

Civil Action No.: _________

COMPLAINT FOR WRONGFUL DEATH

[Wyoming Wrongful Death Act, Wyo. Stat. Ann. § 1-38-101 et seq.]

TABLE OF CONTENTS

1. Parties.......................................................................... 2
2. Jurisdiction and Venue.............................................. 2
3. General Allegations....................................................... 3
4. Count I – Wrongful Death (Negligence).................. 5
5. Count II – Survival Action............................................. 6
6. Prayer for Relief............................................................ 7
7. Demand for Jury Trial.................................................. 8
8. Verification & Certification........................................ 8
9. Signature Block............................................................ 9

1. PARTIES

1.1 Plaintiff. [PLAINTIFF], an individual and resident of [County, State], is duly appointed by this Court as the Wrongful Death Representative (“Representative”) pursuant to Wyo. Stat. Ann. § 1-38-103(b).

1.2 Decedent. [DECEDENT] (“Decedent”) was an individual who, at the time of the incident described herein, resided in [County, State], and died on [Date of Death] as a direct and proximate result of Defendant’s wrongful conduct.

1.3 Eligible Beneficiaries. Pursuant to Wyo. Stat. Ann. § 1-38-102, the following persons (“Beneficiaries”) are entitled to share in any recovery:
 a. [NAME], [relationship];
 b. [NAME], [relationship]; and
 c. [Additional Beneficiaries if any].

1.4 Defendant. [DEFENDANT] is a [corporation/LLC/individual] organized under the laws of [State] with its principal place of business at [Address], and may be served via [registered agent/service method] at [Service Address].

2. JURISDICTION AND VENUE

2.1 Subject-Matter Jurisdiction. This Court has jurisdiction under Wyo. Const. art. 5, § 10 and Wyo. Stat. Ann. § 5-3-101 because the amount in controversy exceeds the jurisdictional minimum and the wrongful acts occurred within the State of Wyoming.

2.2 Personal Jurisdiction. Defendant is subject to general and/or specific jurisdiction in Wyoming by virtue of [its principal place of business in Wyoming / committing tortious acts within Wyoming / other basis].

2.3 Venue. Venue is proper in this Court under Wyo. Stat. Ann. § 1-5-101 because the cause of action arose in [County] County and/or Defendant resides or conducts substantial business herein.

2.4 Forum Selection. Plaintiff elects state-court adjudication; arbitration is expressly declined at this time.

3. GENERAL ALLEGATIONS

3.1 On or about [Date of Incident], at approximately [Time], Decedent was located at [Location] when Defendant, through its agents, servants, and/or employees, negligently [describe act/omission—e.g., “operated a motor vehicle while distracted”].

3.2 Defendant owed Decedent a duty of reasonable care, including but not limited to [identify statutory/regulatory duties, industry standards, or common-law duties].

3.3 Defendant breached said duty by [specific negligent acts or omissions].

3.4 As a direct and proximate result of Defendant’s breach, Decedent sustained severe injuries leading to death on [Date of Death], causing economic and non-economic losses to Beneficiaries.

3.5 At all relevant times, Decedent exercised ordinary care for [his/her] own safety. Any contributory fault, if alleged, is expressly denied and, in any event, was less than that of Defendant.

3.6 All conditions precedent to the bringing of this action have been performed, satisfied, or waived.

4. COUNT I – WRONGFUL DEATH (NEGLIGENCE)

(Against All Defendants)

4.1 Plaintiff realleges and incorporates ¶¶ 1.1–3.6 as if fully set forth herein.

4.2 Under Wyo. Stat. Ann. § 1-38-101, a wrongful death action may be maintained where a person’s death is caused by the wrongful act, neglect, or default of another.

4.3 Defendant owed, and breached, duties of care to Decedent, including but not limited to:
 a. [Enumerate duties];
 b. [Enumerate breaches].

4.4 Defendant’s breaches were the direct and proximate cause of Decedent’s death and the resulting damages suffered by Beneficiaries.

4.5 Recoverable Damages. Plaintiff seeks all damages permitted under Wyo. Stat. Ann. § 1-38-102, including but not limited to:
 a. Loss of probable future companionship, society, comfort, and advice;
 b. Mental anguish and grief;
 c. Loss of financial support and future earnings;
 d. Funeral and burial expenses;
 e. Such other damages as the evidence may warrant, subject to any statutory damage caps applicable under Wyoming law.

5. COUNT II – SURVIVAL ACTION

(Wyo. Stat. Ann. §§ 1-4-505, 1-38-101 et seq.)

5.1 Plaintiff realleges and incorporates ¶¶ 1.1–4.5 as if fully set forth herein.

5.2 Pursuant to Wyoming’s survival statutes, all causes of action possessed by Decedent prior to death survive for the benefit of Decedent’s estate.

5.3 Prior to death, Decedent experienced conscious pain, suffering, and emotional distress caused by Defendant’s wrongful conduct for which the estate is entitled to recover.

5.4 Plaintiff, in [his/her] capacity as personal representative of Decedent’s estate, seeks:
 a. Pre-death pain and suffering;
 b. Medical expenses incurred prior to death;
 c. Other survival damages proven at trial.

6. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment:

A. For compensatory damages in an amount to be determined at trial and allocated among Beneficiaries in accordance with Wyo. Stat. Ann. § 1-38-102, subject to any applicable statutory caps;
B. For survival damages payable to the estate of Decedent;
C. For pre- and post-judgment interest as allowed by law;
D. For costs of suit, including expert-witness fees, and—pursuant to any applicable statute or contractual provision—reasonable attorney fees;
E. For such other and further relief, at law or in equity, as the Court deems just and proper.

7. DEMAND FOR JURY TRIAL

Pursuant to Wyo. R. Civ. P. 38, Plaintiff demands a trial by jury on all issues so triable.

8. VERIFICATION & CERTIFICATION

I, [PLAINTIFF], hereby verify under penalty of perjury that I have read the foregoing Complaint and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.
[DATE]

_____________________________
[PLAINTIFF], Wrongful Death Representative

9. SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]  
[Address]  
[City, State ZIP]  
[Phone] | [Fax]  
[Email]

By: __________________________________  
[ATTORNEY NAME], WY Bar No. ______  
Counsel for Plaintiff

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