DEMAND FOR SETTLEMENT - WRONGFUL DEATH

[FIRM NAME]
Attorneys at Law
[Street Address]
[City, State ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]

DATE: [Date]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL

[Claims Representative / Risk Management / Defendant]
[Insurance Company / Entity Name]
[Street Address]
[City, State ZIP]

RE: WRONGFUL DEATH CLAIM - SETTLEMENT DEMAND
Decedent: [Decedent Full Name]
Date of Death: [Date of Death]
Date of Incident: [Date of Incident, if different]
Claimant(s): [Names of Statutory Beneficiaries / Personal Representative]
Claim Number: [If assigned]
Policy Number: [If known]

Dear [Recipient Name]:

This firm represents [Claimant Name(s)] in their capacity as [surviving spouse / children / parents / personal representative of the Estate of [Decedent Name]] regarding the wrongful death of [Decedent Name], who died on [Date of Death] as a direct and proximate result of [describe cause - e.g., "a motor vehicle collision caused by your insured," "medical negligence," "a dangerous condition on your insured's property," etc.].

This letter constitutes our formal demand for settlement of all wrongful death and survival claims arising from this tragedy.

I. STATUTORY AUTHORITY FOR CLAIM

A. Wrongful Death Claim

This wrongful death claim is brought pursuant to [State] [Statute Citation - e.g., "Code of Civil Procedure Section 377.60" (CA), "Estates and Protected Individuals Code Section 2922" (MI), etc.].

[STATE-SPECIFIC: Insert applicable wrongful death statute]

Under [State] law, the following individuals are statutory beneficiaries entitled to recover for the wrongful death of [Decedent Name]:

Statutory Beneficiaries:

☐ Surviving Spouse: [Spouse Name]
- Relationship: [Husband/Wife] of Decedent
- Married: [Date of Marriage]
- [Years of marriage]

☐ Surviving Children:
- [Child 1 Name], age [Age], [minor/adult]
- [Child 2 Name], age [Age], [minor/adult]
- [Additional children]

☐ Surviving Parents:
- [Parent 1 Name]
- [Parent 2 Name]

☐ Other Statutory Beneficiaries (as permitted by state law):
- [Name and relationship]

B. Survival Claim / Estate Claim

In addition to the wrongful death claim, this letter includes a survival action on behalf of the Estate of [Decedent Name] for damages incurred by the decedent between the time of injury and death, brought pursuant to [State] [Survival Statute Citation].

Personal Representative:
[Name], Personal Representative/Administrator/Executor of the Estate of [Decedent Name]
Appointed: [Date] by [Court Name], Case No. [Number]

II. PRESERVATION OF EVIDENCE NOTICE

YOU ARE HEREBY DIRECTED TO PRESERVE ALL EVIDENCE relating to this claim, including but not limited to:

☐ All evidence relating to the incident causing death
☐ All documents, photographs, and recordings
☐ Electronic data, including EDR/black box data (vehicle cases)
☐ Surveillance footage
☐ Communications with your insured regarding the incident
☐ Complete claims file and investigation materials
☐ All applicable insurance policies
☐ Prior claims or incidents involving your insured
☐ [Add case-specific evidence items]

Spoliation of evidence will result in sanctions and adverse inferences.

III. STATEMENT OF FACTS

A. The Decedent - [Decedent Name]

[Decedent Name] was a [Age]-year-old [describe decedent - occupation, family role, community involvement]:

Personal Background:
- Date of Birth: [DOB]
- Age at Death: [Age]
- Residence: [City, State]
- Occupation: [Occupation/Employer]
- Annual Income: $[Amount]
- Education: [Education level]

Family:
- Spouse: [Name], married [years]
- Children: [Names and ages]
- [Other relevant family information]

Character and Contributions:
[Describe the decedent as a person - their role in the family, community involvement, personal qualities, etc. This humanizes the claim and supports non-economic damages.]

B. The Incident Causing Death

[CUSTOMIZE BASED ON TYPE OF CASE:]

[Motor Vehicle Collision:]

On [Date], at approximately [Time], [Decedent Name] was [describe activity - e.g., "driving [direction] on [Road Name]," "a passenger in a vehicle," "a pedestrian crossing [Street Name]," etc.].

At that time, [Defendant/Tortfeasor Name] [describe negligent conduct - e.g., "ran a red light," "was driving while intoxicated," "was texting while driving," etc.].

[Defendant's] negligence caused [describe collision], resulting in fatal injuries to [Decedent Name].

[Decedent Name] was transported to [Hospital Name], where [he/she] [describe - e.g., "was pronounced dead upon arrival," "died on [Date] after [time period] of intensive care," etc.].

[Premises Liability:]

On [Date], [Decedent Name] was [lawfully present at / working at / visiting] [Location]. A dangerous condition existed at the premises, specifically [describe hazard], which [Property Owner/Manager] knew or should have known about.

[Describe how the dangerous condition caused the fatal injury]

[Medical Malpractice:]

[Decedent Name] was a patient of [Healthcare Provider/Hospital] being treated for [condition]. On [Date(s)], [Provider] committed medical negligence by [describe breach of standard of care].

As a direct result of this negligence, [Decedent Name] [describe how malpractice led to death].

[Product Liability:]

On [Date], [Decedent Name] was [using / operating / exposed to] [Product Name], manufactured by [Manufacturer]. The product was defective and unreasonably dangerous due to [design defect / manufacturing defect / failure to warn].

[Describe how the product defect caused the fatal injury]

[Workplace / Construction Accident:]

On [Date], [Decedent Name] was working at [Location] as a [Job Title] employed by [Employer]. A [equipment failure / fall / collapse / other incident] occurred due to the negligence of [Third Party Defendant].

[Describe the incident and how it caused death]

C. The Death

[Decedent Name] [died at the scene / was transported to [Hospital] where [he/she] died / survived for [time period] before succumbing to injuries].

If Survival Period:

From the time of injury until death, a period of [time period], [Decedent Name]:
- Was conscious and aware of [his/her] impending death
- Suffered extreme physical pain from [injuries]
- Was aware [he/she] would not survive
- [Describe other suffering during survival period]

This conscious pain and suffering during the survival period is compensable under the survival action.

IV. LIABILITY ANALYSIS

A. Negligence / Liability of Defendant

[Defendant Name] is liable for the wrongful death of [Decedent Name] under the following theories:

[CUSTOMIZE BASED ON CASE TYPE:]

1. Negligence:
- Duty: [Defendant] owed a duty of [reasonable care / safe premises / proper medical care / etc.] to [Decedent Name]
- Breach: [Defendant] breached this duty by [describe specific breaches]
- Causation: [Defendant's] breach directly and proximately caused [Decedent's] death
- Damages: [Decedent's] death has caused substantial damages to the statutory beneficiaries

2. Negligence Per Se (If Applicable):
[Defendant] violated [Statute/Regulation], which was designed to protect [class of persons] from [type of harm]. This violation constitutes negligence per se.

3. Strict Liability (If Applicable):
[For product liability, animal attacks, abnormally dangerous activities]
[Defendant] is strictly liable for [Decedent's] death because [explain strict liability theory].

4. Vicarious Liability (If Applicable):
[Employer Name] is vicariously liable for the negligence of [Employee Name] under the doctrine of respondeat superior. [Employee] was acting within the course and scope of employment at the time of the incident.

B. Comparative/Contributory Fault - Not Applicable

[Decedent Name] bore no fault for [his/her] own death. [He/She] was [describe lawful, careful conduct].

[For contributory negligence states (AL, DC, MD, NC, VA):]
Any attempt to assert contributory negligence is wholly without merit. [Decedent] exercised all due care and was not negligent in any manner.

V. DAMAGES

A. Survival Action Damages (Estate Claim)

The survival action recovers damages suffered by [Decedent Name] between injury and death:

1. Conscious Pain and Suffering:

[Decedent Name] survived for [time period] following the injury. During this time, [he/she] experienced:
- Extreme physical pain from [injuries]
- Terror and awareness of impending death
- [Describe specific suffering]

Claimed Amount: $[Amount]

2. Pre-Death Medical Expenses:

3. Pre-Death Lost Earnings:

Lost wages from date of injury to date of death: $[Amount]

B. Wrongful Death Damages (Beneficiary Claims)

[STATE-SPECIFIC: Damages recoverable vary significantly by state. Customize this section.]

1. Loss of Financial Support:

[Decedent Name] was the [primary/secondary] financial provider for [his/her] family. The loss of financial support is calculated as follows:

2. Loss of Services:

[Decedent Name] provided valuable household services and contributions, including:
- [Describe services - childcare, household maintenance, transportation, etc.]
- Estimated annual value: $[Amount]
- Present value of future lost services: $[Amount]

3. Loss of Inheritance (If Recognized in Jurisdiction):

But for [his/her] premature death, [Decedent Name] would have accumulated an estate of approximately $[Amount] to pass to [his/her] heirs.

4. Funeral and Burial Expenses:

5. Non-Economic Damages by Beneficiary:

[STATE-SPECIFIC: Some states allow individual beneficiary claims; others allow a lump sum. Customize accordingly.]

Surviving Spouse - [Spouse Name]:

[Describe the marital relationship - years together, activities shared, closeness of relationship, impact of death on spouse]

Surviving Child 1 - [Child Name], Age [Age]:

[Describe the parent-child relationship - activities, bond, role in child's life, impact of death on child]

[Repeat for each beneficiary]

Surviving Child 2 - [Child Name], Age [Age]:
[Same structure]

Surviving Parent(s) - [Parent Name(s)]:

C. Punitive Damages (If Applicable)

[If defendant's conduct was egregious:]

[Defendant's] conduct in this matter was [grossly negligent / willful and wanton / reckless / malicious], warranting an award of punitive damages. Specifically:

[Describe egregious conduct - e.g., drunk driving, knowing violation of safety rules, intentional misconduct, etc.]

Under [State] law, punitive damages are available when [cite standard]. We reserve the right to seek punitive damages at trial.

D. Summary of Damages

Survival Action (Estate Claim):
| Category | Amount |
|----------|--------|
| Conscious Pain and Suffering | $[Amount] |
| Pre-Death Medical Expenses | $[Amount] |
| Pre-Death Lost Earnings | $[Amount] |
| TOTAL SURVIVAL DAMAGES | $[Subtotal] |

Wrongful Death Action:
| Category | Amount |
|----------|--------|
| Loss of Financial Support | $[Amount] |
| Loss of Services | $[Amount] |
| Loss of Inheritance | $[Amount] |
| Funeral and Burial Expenses | $[Amount] |
| Spouse's Non-Economic Damages | $[Amount] |
| Children's Non-Economic Damages | $[Amount] |
| Parents' Non-Economic Damages | $[Amount] |
| TOTAL WRONGFUL DEATH DAMAGES | $[Subtotal] |

TOTAL ALL DAMAGES: $[Grand Total]

[IF STATE HAS DAMAGE CAP:]
Note: [State] limits non-economic damages in wrongful death cases to $[Amount] per [cite statute]. [Describe any exceptions or constitutional challenges.]

VI. SETTLEMENT DEMAND

A. Demand Amount

Based upon the clear liability of [Defendant], the catastrophic loss suffered by the surviving family members, and the substantial economic and non-economic damages, we hereby demand:

$[DEMAND AMOUNT]

[OR - Policy Limits Demand:]

TENDER OF ALL AVAILABLE POLICY LIMITS, INCLUDING:
- Primary liability policy: $[Amount]
- Umbrella/Excess policy: $[Amount]
- Any additional coverage: $[Amount]
- TOTAL LIMITS DEMANDED: $[Amount]

B. Allocation Among Beneficiaries

[If multiple beneficiaries, describe how settlement would be allocated]

Subject to Court approval (for minor beneficiaries), settlement proceeds would be allocated as follows:

C. Time for Response

This demand will remain open for [30/45] days from the date of this letter, through and including [Expiration Date].

Given that damages clearly exceed policy limits, failure to tender limits within this period may constitute bad faith, exposing your insured to personal liability for any excess judgment and exposing your company to extracontractual liability.

VII. EXCESS LIABILITY / BAD FAITH NOTICE

[For claims exceeding policy limits:]

Please be advised that our client's damages substantially exceed the available policy limits of $[Amount]. Under these circumstances:

1. You have a duty to give equal consideration to your insured's interests in settlement decisions;

2. Failure to accept a reasonable settlement demand within policy limits may expose your insured to personal liability for any excess judgment;

3. Such failure may also expose your company to bad faith liability;

4. We demand that you immediately advise your insured of the excess exposure and of this demand.

We are offering to settle this matter within policy limits, notwithstanding damages that will likely result in a judgment far exceeding available coverage. Your insured should be made aware that accepting this demand protects [him/her/them] from personal liability for the excess.

VIII. DOCUMENTATION ENCLOSED

☐ Death certificate
☐ Letters of administration / Letters testamentary
☐ Medical records and bills (pre-death treatment)
☐ Autopsy report (if applicable)
☐ Funeral and burial expense receipts
☐ Decedent's tax returns (3 years)
☐ Employment records and income verification
☐ Photographs of decedent and family
☐ Marriage certificate (if spouse claimant)
☐ Birth certificates (if child claimants)
☐ Police/incident report
☐ Witness statements
☐ Expert reports (economics, vocational, medical)
☐ [Other case-specific documentation]

IX. ADDITIONAL MATTERS

A. Subrogation / Liens

We have identified the following liens or subrogation interests:

These liens will be addressed as part of any settlement.

B. Minor Beneficiaries

[If minor children are beneficiaries:]

Beneficiaries [Child Names] are minors. Any settlement affecting their interests will require Court approval. We anticipate that settlement funds for minors would be placed in [blocked accounts / structured settlement / special needs trust / as the Court directs].

C. Wrongful Death Statute of Limitations

The statute of limitations for wrongful death in [State] is [Number] years from the date of death, pursuant to [Statute]. The limitations period expires on [Date].

[If survival action has different SOL:]

The statute of limitations for the survival action is [Number] years from [date of injury / date of death], expiring on [Date].

X. CONCLUSION

The death of [Decedent Name] was a preventable tragedy caused entirely by [Defendant's] negligence. [He/She] was taken from [his/her] family in the prime of [his/her] life, leaving a spouse and [number] children without [his/her] love, support, guidance, and companionship.

The law cannot bring [Decedent Name] back. But it can and should provide fair compensation to [his/her] survivors for the tremendous losses they have suffered and will continue to suffer for the rest of their lives.

The liability in this case is clear. The damages are substantial and well-documented. We urge you to resolve this matter fairly and promptly, avoiding the additional trauma and expense of litigation for all parties.

If this matter cannot be resolved, we are prepared to file suit immediately and prosecute this case vigorously through trial. Juries in [County Name] County have historically returned substantial verdicts in wrongful death cases, and we are confident that this case would be viewed sympathetically.

Please contact me at your earliest convenience to discuss resolution.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
[State Bar Number]
Attorney for [Claimant Name(s)] / Estate of [Decedent Name]

ENCLOSURES: [List]

cc: [Claimant(s)]
[Personal Representative]
[Guardian ad Litem, if applicable]
[File]

PRE-SUBMISSION CHECKLIST

Wrongful Death Claim Requirements:
☐ Identified applicable wrongful death statute
☐ Determined who may sue (personal representative vs. beneficiaries)
☐ Identified all statutory beneficiaries
☐ Verified statute of limitations (wrongful death and survival)
☐ Determined recoverable damages under state law
☐ Checked for damage caps
☐ Determined if punitive damages available

Estate Matters:
☐ Estate opened in probate court
☐ Personal representative appointed
☐ Letters testamentary/administration obtained
☐ Minor beneficiary issues addressed

Documentation:
☐ Death certificate obtained
☐ Autopsy report obtained (if performed)
☐ Pre-death medical records complete
☐ Financial records documenting income
☐ Evidence of family relationships

Economic Analysis:
☐ Lost support calculation prepared
☐ Economist retained (if needed)
☐ Present value calculations completed
☐ Household services valued

Liens:
☐ Medicare conditional payments identified
☐ Medicaid liens identified
☐ Health insurance subrogation identified
☐ Workers' comp liens identified (if applicable)

STATE WRONGFUL DEATH LAW QUICK REFERENCE

[VERIFY CURRENT LAW - This is a general reference only]

[ALWAYS VERIFY CURRENT LAW BEFORE RELYING ON THIS CHART]

Wrongful death claims have specific statutory requirements that vary significantly by state. This template must be extensively customized. Always verify who has standing to sue, what damages are recoverable, and all procedural requirements under applicable state law.