Palm Beach County, Florida Automobile Accident Complaint - Wrongful Death

STATE OF ___________ SUPERIOR COURT
COUNTY OF __________

_________, AS SOLE HEIR AND
ADMINISTRATRIX OF THE ESTATE,

Plaintiff

v. C.A. No. ______

____________________,

Defendant.

COMPLAINT

1. Plaintiff, _________ ("Plaintiff"), currently resides in (city/town/state), brings this action in her capacity as Administratrix and sole heir of the Estate of ______________ (the decedent). Plaintiff is the _________ of the decedent.

2. At all material times, Defendant, __________ ("Defendant"), was a resident of (city/town/state).

3. This Court has jurisdiction over the matter as the amount in controversy exceeds (insert jurisdictional limit).

COUNT I (Wrongful Death)

4. Plaintiff realleges and incorporates by reference paragraphs 1 through 3 as if again set forth in full.

5. At approximately _____ _.m. on (insert date), the decedent was a pedestrian walking in the area of ___________________________.

6. On the same date and at the same time, Defendant, ______________, was the owner and operator of a ________________ and was traveling in the ____________ lane of __________ Street, (city/town).

7. While the decedent was walking in the area in question, he was struck by the vehicle operated by Defendant, ____________.

8. Defendant, __________, failed to stop and notify anyone of this accident.

9. The decedent was not found until _____ _.m. on (insert date), and died while being treated by emergency medical personnel.

10. The accident was caused by the negligence of Defendant, ___________, as he failed to exercise proper care in the operation of his vehicle.

11. Defendant, __________, failed to keep a proper lookout, failed to yield the right of way to a pedestrian, namely, the decedent, and failed to keep the vehicle in proper control so that he could direct the course of its travel and thereby avoid crashing into pedestrians such as the decedent.

12. As a result of the Defendant's wrongful conduct which led to the death of the decedent, and in accordance with (insert statutory wrongful death section), the decedent endured significant conscious pain and suffering before his expiration; and Plaintiff, as sole heir and Administratrix of decedent's estate, suffered damages, including, but not limited to, pecuniary and statutory damages as well as compensation for the pain and suffering endured by decedent prior to his death.

WHEREFORE, Plaintiff, in her capacity as sole heir and Administratrix of decedent's estate, demands judgment in an amount to be determined at trial, plus interest and costs, including reasonable attorney's fees, and such other and further relief as this Court deems just.

PLAINTIFF
By her attorneys,

_________________________

PLAINTIFF DEMANDS A TRIAL BY JURY ON ALL ISSUES TRIABLE OF RIGHT BY JURY.

PLAINTIFF
By her attorneys,

_________________________