Sample Wrongful Death Accident Complaint

[faq_section]

{LAW FIRM NAME}
{Address}
{City}, {State} {ZIP}
{Telephone:}
{Facsimile: }

{Lawyer Name (Bar No.)}
Email: {}

Attorney for Plaintiff

In the Superior Court of the state of Arizona
In and for the County of Maricopa

Plaintiffs, by and through counsel undersigned, and for [his/her] Complaint against Defendants, alleges as follows:

PARTIES, JURISDICTION AND VENUE

1. Plaintiffs __________ is/are residents of Maricopa County, Arizona, and is the [husband, wife, child, parent, guardian or personal representative] of the deceased __________ “Decedent.” [He/she] brings this action on behalf of herself, other statutory beneficiaries [and/or] the estate pursuant to A.R.S. § 12-612.
2. Defendants __________ and [John/Jane] Doe __________ are now and were residents of Maricopa County, State of Arizona, and married to each other as husband and wife. All acts, errors and/or omissions complained of and material were for and on behalf of the marital community. [Defendant __________ is a single [man/woman] and a resident of Maricopa County, Arizona.]
3. Defendants John Does and Jane Does 1-10, ABC Corporations 1-10, Limited Liability Companies and/or partnerships 1-10 are persons and entities whose true identities are unknown to Plaintiff, who together with named Defendants contributed to causing the harms, losses and damages described in this Complaint. Plaintiff will amend [his/her] Complaint when the true names of those Defendants become known.
4. Jurisdiction and venue are proper as the events giving rise to Plaintiffs’ Complaint occurred in Maricopa County, Arizona and the amount in controversy exceeds the minimal jurisdictional requirements of this Court.
5. The amount of Plaintiff’s damages qualifies this matter as a Tier [1, 2 or 3] case in accordance with Rule 8(b)(2) of the Arizona Rules of Civil Procedure.

GENERAL ALLEGATIONS

7. Plaintiffs incorporates by reference all prior allegations contained in this Complaint.
8. On or about _____________, at approximately _____, Defendant, the driver of a motor vehicle, was traveling on _________________________, in __________, Arizona, when Defendant negligently and carelessly failed to control the location and speed of [his/her] vehicle, causing it to violently strike Decedent’s vehicle resulting in [his/her] personal injuries and eventual death, and causing harms, losses and damages to the Plaintiffs and/or each interested party Plaintiff represents. [failed to yield when making a left-hand turn at an intersection/failed to use a proper turn signal before turning from a roadway into a private drive or roadway/failed to yield when making a turn from a private roadway or driveway onto a highway/failed to yield when making a turn from a private business or residential driveway onto a roadway/failed to stop at a red light/failed to stop at a stop sign.]

COUNT ONE – NEGLIGENCE

9. Plaintiffs incorporates by reference all prior allegations contained in this Complaint.
10. At all relevant times, all Defendant owed Decedent a duty of care to drive prudently, safely and within the bounds of the law, including a duty to exercise reasonable care, reasonable and prudent under the circumstances, while driving a motor vehicle on a roadway including controlling the location and speed of the vehicle as necessary to avoid colliding with any object, person or vehicle.
11. Defendant breached [his/her] duty of care owed to Decedent when Defendant operated [his/her] vehicle in such a negligent manner so as to cause the accident, as described in this Complaint, in which Decedent was injured and ultimately died. Said accident, injuries and resultant death were caused solely by the negligence, tortious conduct and wrongdoing of Defendant without any negligence or contribution on the part of the Decedent.
12. As the direct and proximate result of Defendant’s negligence, tortious conduct and wrongdoing, Decedent sustained serious injuries that resulted in death.
13. As a direct and proximate result of Defendant’s negligence, tortious conduct and wrongdoing, Plaintiff [husband/wife] suffered the death of [his/her husband/wife], married more than _____ years and experienced severe emotional distress due to Decedent’s death.
14. As a direct and proximate result of Defendant’s negligence, tortious conduct and wrongdoing, Plaintiffs __________, __________, __________ [children] suffered the death of their [father/mother] and experienced severe emotional distress due to the death of their beloved [father/mother].
15. As a direct and proximate result of Defendant’s negligence, tortious conduct and wrongdoing, Plaintiffs __________, __________, __________ [father/mother] suffered the death of their [son/daughter] and experienced severe emotional distress due to the death of their beloved [son/daughter].
16. As a direct and proximate result of Defendant’s negligence, tortious conduct and wrongdoing that resulted in Decedent’s death, the following individuals have been deprived of love, care, affection, companionship, support, financial support and other benefits and pleasures of the family relationship: __________, __________, __________, __________, __________, __________ [list all names in family of origin actively involved in Decedent’s life prior to the accident].
17. As a direct and proximate result of Defendant’s negligence, tortious conduct and wrongdoing that resulted in Decedent’s death, Plaintiffs have incurred funeral expenses, medical and other healthcare-related expenses, the Plaintiff estate lost income, lost profits, and/or lost earning capacity and Plaintiffs will incur additional medical and other healthcare related expenses in the future.

COUNT TWO – NEGLIGENCE PER SE

18. Plaintiffs incorporates by reference all prior allegations contained in this Complaint.
19. At all relevant times, Defendant owed a duty to comply with applicable statutes, regulations, and rules related to the safe operation of a motor vehicle in the State of Arizona including driving at safe and reasonable speeds, remaining alert and attentive, being able to control [his/her] vehicle and bring [his/her] vehicle to a safe and complete stop colliding with other vehicles and persons and not driving while intoxicated or impaired.
20. Defendant breached this duty when [he/she] drove a vehicle in reckless disregard for the safety of persons, as required by A.R.S. § 28-693.
21. Defendant breached this duty when [he/she] drove a vehicle in violation of A.R.S. § 28-672, including the A.R.S. statutes contained therein, which resulted in death by moving violation.
22. Defendant breached this duty when [he/she] failed to control the speed of [his/her] vehicle, as required by A.R.S. § 28-701(A).
23. Defendant breached this duty when [he/she] failed to yield when making a left-hand turn at an intersection, as required by A.R.S. § 28-772.]
24. Defendant breached this duty when [he/she] failed to use a proper turn signal before turning from a roadway into a private drive or roadway, as required by A.R.S. § 28-754.]
25. Defendant breached this duty when [he/she] failed to yield when making a turn from a private roadway or driveway onto a highway, as required by A.R.S. § 28-774.]
26. Defendant breached this duty when [he/she] failed to yield when making a turn from a private business or residential driveway onto a roadway, as required by A.R.S. § 28-856.]
27. Defendant breached this duty when [he/she] failed to stop at a red light, as required by A.R.S. § 28-645.]
28. Defendant breached this duty when [he/she] failed to stop at a stop sign, as required by A.R.S. § 28-855.]
29. Plaintiff was, at the time of the collision, within the class of persons whom the above-referenced statutes were meant to protect.
30. Defendant’s failure to comply with the above-referenced statute created the type of collision against which the law was designed to protect.
31. Defendant’s failure to comply with the above-referenced statutes was the direct and proximate cause of Plaintiff’s injuries and damages and thus constitutes negligence per se.
32. As a direct and proximate result of Plaintiff’s negligence per se, Decedent was killed and Plaintiffs have suffered personal injury and damages, past and future, and incurred funeral expenses, medical and other healthcare-related expenses, the Plaintiff estate lost income, lost profits, and/or lost earning capacity and Plaintiffs will incur additional medical and other healthcare related expenses in the future.

COUNT THREE – WRONGFUL DEATH

33. Plaintiffs incorporates by reference all prior allegations contained in this Complaint.
34. Defendant’s negligence caused the death of Decedent.
35. As a consequence of Decedent’s death, [his/her] [wife, husband, children] suffered pain, grief, sorrow, anguish, stress, shock, and mental suffering already experienced and reasonably probable to be experienced for the rest of [his/her/their] life/lives.
36. As a further consequence of Decedent’s death caused by Defendant, Plaintiff incurred expenses for funeral and burial, medical care and services for the injury that resulted in death, lost wages, loss of earning capacity, and counseling for [him/her] and [his/her] other immediate family members.
37. As a further consequence of Decedent’s death caused by Defendant, Plaintiff has incurred the loss of love, affection, companionship, care, protection, and guidance since the death and in the future.

DEMAND FOR JURY TRIAL

38. Plaintiffs demand a trial by jury on all issues so triable.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs requests that the Court enter judgment against Defendant as follows:

1. For Plaintiffs’ general and special damages;
2. For Plaintiffs’ costs incurred in pursuing these claims;
3. For pre- and post-judgment interest to the extent provided by law;
4. For such further relief as the Court deems just and fair.

DATED this ____ day of _____________, _____.