DEMAND FOR SETTLEMENT - WRONGFUL DEATH

STATE OF ALASKA

[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Alaska ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Alaska

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]
Personal Representative: [Personal Representative Name]
Statutory Beneficiaries: [Names of Beneficiaries]
Claim Number: [If assigned]
Policy Number: [If known]

Dear [Recipient Name]:

This firm represents [Personal Representative Name], as Personal Representative of the Estate of [Decedent Name], deceased, and the statutory beneficiaries 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. ALASKA WRONGFUL DEATH STATUTORY FRAMEWORK

A. Wrongful Death Statute - Alaska Stat. Section 09.55.580

This wrongful death claim is brought pursuant to Alaska Statute Section 09.55.580, which provides:

"When the death of a person is caused by the wrongful act or omission of another, the personal representative of the decedent may maintain an action for the benefit of the decedent's spouse and children if any, or next of kin."

B. Who May Bring the Action / Statutory Beneficiaries

Under Alaska law, the Personal Representative brings the wrongful death action for the benefit of the following statutory beneficiaries:

Priority of Beneficiaries under AS 09.55.580:

1. Surviving Spouse and Children (first priority)
2. Next of Kin (if no spouse or children)

Statutory Beneficiaries in This Case:

Personal Representative:
[Personal Representative Name]
Appointed: [Date] by the [Superior Court of the State of Alaska, [Judicial District]]
Case No.: [Probate Case Number]
Letters Testamentary/Administration Issued: [Date]

C. Statute of Limitations

Under Alaska Stat. Section 09.55.580, the wrongful death action must be commenced within two (2) years from the date of death.

• Date of Death: [Date of Death]
• Limitations Period Expires: [Expiration Date]

D. Survival Action - Alaska Stat. Section 09.55.570

In addition to the wrongful death action, the Estate brings a survival claim pursuant to Alaska Stat. Section 09.55.570, which provides that causes of action survive the death of the person entitled to bring them. The survival action allows recovery for:

• Medical expenses incurred prior to death
• Pain and suffering experienced by decedent prior to death
• Lost wages from injury to death
• Other damages accrued before death

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 under Alaska law.

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], Alaska
- Occupation: [Occupation/Employer]
- Annual Income: $[Amount]
- Education: [Education level]

Family:
- Spouse: [Name], married [years]
- Children: [Names and ages]
- Parents: [Names, if surviving]
- [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

On [Date], at approximately [Time], [describe the incident with specificity]:

[Detailed factual description of the incident, the defendant's conduct, and how it caused the decedent's 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] injuries
- Suffered extreme physical pain from [injuries]
- Was aware [he/she] would not survive
- [Describe other suffering during survival period]

This conscious pain and suffering 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 Alaska law.

Elements of Negligence:

1. Duty: [Defendant] owed a duty of [reasonable care / safe premises / proper medical care / etc.] to [Decedent Name]

2. Breach: [Defendant] breached this duty by:
   - [Describe specific breaches with particularity]
   - [Additional breaches]

3. Causation: [Defendant's] breach was the actual and proximate cause of [Decedent's] death

4. Damages: [Decedent's] death has caused substantial damages to the statutory beneficiaries

B. Negligence Per Se (If Applicable)

[Defendant] violated [Alaska Statute/Regulation], which was designed to protect [class of persons] from [type of harm]. Under Alaska law, violation of a safety statute constitutes evidence of negligence.

C. Alaska's Pure Comparative Negligence Rule

Alaska follows the pure comparative negligence rule under Alaska Stat. Section 09.17.060. Under this doctrine:

• A plaintiff's recovery is reduced by their percentage of fault
• Recovery is not barred regardless of the degree of fault
• The jury apportions fault among all parties

[Decedent Name] Was Not Negligent:

[Decedent Name] bore no fault for [his/her] own death. [He/She] was:
- [Describe lawful, careful conduct]
- [Additional evidence of due care]

Any assertion of comparative fault on the part of [Decedent Name] would be unsupported by the facts.

V. DAMAGES

A. Wrongful Death Damages - Alaska Stat. Section 09.55.580

Under Alaska law, the following damages are recoverable in a wrongful death action:

1. Loss of Financial Support:

[Decedent Name] was the [primary/secondary] financial provider for [his/her] family.

2. Loss of Services and Consortium:

[Decedent Name] provided valuable services to [his/her] family, including:
- [Describe services - household, childcare, guidance, etc.]
- Estimated annual value: $[Amount]
- Present value of future lost services: $[Amount]

3. Non-Economic Damages by Beneficiary:

IMPORTANT - ALASKA DAMAGE CAP (AS 09.17.010):

Alaska caps non-economic damages at the greater of:
- $400,000; or
- $8,000 multiplied by the decedent's life expectancy in years

Decedent's life expectancy at death: [X] years
Life expectancy calculation: $8,000 x [X] = $[Amount]
Applicable cap: $[Greater of $400,000 or life expectancy calculation]

Surviving Spouse - [Spouse Name]:

[Describe the marital relationship and impact of death on spouse]

Surviving Children:

[Child 1 Name], Age [Age]:

[Describe parent-child relationship and impact on child]

[Child 2 Name], Age [Age]:
[Same structure as above]

4. Funeral and Burial Expenses:

B. Survival Action Damages (Estate Claim)

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]

C. Punitive Damages (If Applicable)

Under Alaska Stat. Section 09.17.020, punitive damages may be awarded if the plaintiff proves by clear and convincing evidence that the defendant's conduct was:
- Outrageous, including acts done with malice or bad motives; or
- Evidenced reckless indifference to the interest of another person

[Defendant's] conduct warrants punitive damages because:
- [Describe egregious conduct]
- [Evidence of malice, recklessness, or conscious disregard]

Note: Alaska Stat. Section 09.17.020(f)-(h) limits punitive damages to the greater of:
- Three times compensatory damages; or
- $500,000

D. Summary of Damages

Survival Action (Estate Claim):

Wrongful Death Action:

Punitive Damages (If Applicable): $[Amount]

TOTAL ALL DAMAGES: $[Grand Total]

VI. SETTLEMENT DEMAND

A. Demand Amount

Based upon the clear liability of [Defendant], the devastating loss suffered by the surviving family members, and the substantial 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

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

C. Time for Response

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

VII. BAD FAITH / EXCESS LIABILITY NOTICE

Please be advised that our client's damages may substantially exceed available policy limits. Under Alaska law:

1. An insurer has a duty to act in good faith in claims handling and settlement.

2. Failure to accept a reasonable settlement demand within policy limits may expose your insured to personal liability and your company to bad faith liability.

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

VIII. DOCUMENTATION ENCLOSED

• Death certificate
• Letters Testamentary / Letters of Administration
• 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
• Marriage certificate
• Birth certificates of children
• Police/incident report
• Witness statements
• [Other case-specific documentation]

IX. CONCLUSION

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

The liability in this case is clear. The damages are substantial. We urge you to resolve this matter fairly and promptly.

If this matter cannot be resolved, we are prepared to file suit immediately in the Superior Court of Alaska and prosecute this case vigorously through trial.

Please contact me at your earliest convenience to discuss resolution.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Alaska Bar Association No. [Number]
Attorney for the Estate of [Decedent Name] and Statutory Beneficiaries

ENCLOSURES: [List]

cc: [Personal Representative]
[Statutory Beneficiaries]
[File]

ALASKA-SPECIFIC PRACTICE NOTES

Critical Alaska Wrongful Death Considerations:

1. NON-ECONOMIC DAMAGE CAP: Alaska Stat. Section 09.17.010 caps non-economic damages at the greater of $400,000 or $8,000 times the decedent's life expectancy.

2. PURE COMPARATIVE NEGLIGENCE: Alaska follows pure comparative negligence - recovery reduced by percentage of fault but never barred.

3. PUNITIVE DAMAGES CAP: Punitive damages capped at greater of 3x compensatory or $500,000 (AS 09.17.020).

4. PERSONAL REPRESENTATIVE REQUIRED: Only the Personal Representative may bring the wrongful death action.

5. BENEFICIARY PRIORITY: Spouse and children have first priority; next of kin only if no spouse or children.

6. SURVIVAL ACTION: Separate from wrongful death; allows recovery for decedent's pre-death damages.

7. STRUCTURED SETTLEMENTS: Consider for minor beneficiaries and tax advantages.

Alaska Venue and Procedure:

• Venue: Superior Court in judicial district where cause of action arose or where defendant resides. AS 22.10.030.
• Service: Alaska Rules of Civil Procedure, Rule 4.
• Civil Rule 82 Attorney Fees: Prevailing party entitled to partial attorney fees.

Alaska wrongful death law has specific damage caps and procedural requirements. This template must be customized by a licensed Alaska attorney.