DEMAND FOR SETTLEMENT - WRONGFUL DEATH

STATE OF ALABAMA

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

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]
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, 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 the wrongful death claim arising from this tragedy.

I. ALABAMA WRONGFUL DEATH STATUTORY FRAMEWORK

A. Wrongful Death Statute - Ala. Code Section 6-5-410

This wrongful death claim is brought pursuant to Alabama Code Section 6-5-410, which provides:

"A personal representative may commence an action and recover such damages as the jury may assess in a court of competent jurisdiction... for the wrongful act, omission, or negligence of any person, persons, or corporation... whereby the death of his testator or intestate was caused."

CRITICAL DISTINCTION - ALABAMA'S UNIQUE WRONGFUL DEATH DOCTRINE:

Alabama's wrongful death statute is constitutionally based and unique among all states. Under the Alabama Constitution of 1901, Article I, Section 11, and as interpreted by the Alabama Supreme Court in Louisville & Nashville R.R. Co. v. Street, 85 So. 45 (Ala. 1920), wrongful death damages in Alabama are:

1. Punitive in nature, not compensatory
2. Designed to punish the wrongdoer and deter future wrongful conduct
3. Not subject to any statutory cap
4. Determined by the degree of culpability of the defendant's conduct

See also Central of Georgia Ry. v. Brown, 113 Ala. 295, 21 So. 351 (1896); Estes Health Care Ctrs., Inc. v. Bannerman, 411 So.2d 109 (Ala. 1982).

B. Who May Bring the Action

Under Ala. Code Section 6-5-410, only the Personal Representative of the decedent's estate may bring a wrongful death action.

Personal Representative:
[Personal Representative Name]
Appointed: [Date] by the [Probate Court of [County] County, Alabama]
Case No.: [Probate Case Number]
Letters Testamentary/Administration Issued: [Date]

C. Statute of Limitations

Under Ala. Code Section 6-5-410(d), 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 - Ala. Code Section 6-5-462

In addition to the wrongful death action, the Estate brings a survival claim pursuant to Ala. Code Section 6-5-462, which allows recovery of damages the decedent could have recovered had he or she survived, including:

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

The survival action recovers compensatory damages and is separate from the punitive wrongful death claim.

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
• Evidence of defendant's financial condition (relevant to punitive damages)
• [Add case-specific evidence items]

Spoliation of evidence will result in sanctions and adverse inferences under Alabama law. Smith v. Atkinson, 771 So.2d 429 (Ala. 2000).

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], Alabama
- 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 Standing in the Community:
[Describe the decedent's character, community involvement, and value to society. Under Alabama's punitive damages approach, the jury considers the quality of the life lost in assessing damages to punish the defendant.]

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]
- [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 Alabama law, a wrongful death claim requires proof that the defendant's wrongful act, omission, or negligence caused the death. Alfa Mut. Ins. Co. v. Roush, 723 So.2d 1250 (Ala. 1998).

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. Death: [Decedent Name] died as a result of [Defendant's] negligence

B. Negligence Per Se (If Applicable)

[Defendant] violated [Alabama Statute/Regulation], which was designed to protect [class of persons] from [type of harm]. Under Alabama law, violation of a statute designed to protect a class of persons constitutes negligence per se. Brown v. Vanity Fair Mills, Inc., 291 Ala. 80, 277 So.2d 893 (1973).

C. Alabama's Contributory Negligence Rule

CRITICAL - ALABAMA IS A CONTRIBUTORY NEGLIGENCE STATE

Alabama follows the pure contributory negligence rule. Under this doctrine, if the plaintiff (decedent) was guilty of any negligence that proximately contributed to the injury, recovery is completely barred. Williams v. Delta Int'l Mach. Corp., 619 So.2d 1330 (Ala. 1993).

[Decedent Name] Was Not Negligent:

[Decedent Name] bore absolutely no fault for [his/her] own death. [He/She] was:
- [Describe lawful, careful conduct]
- [Additional evidence of due care]
- [Explain why decedent had no opportunity to avoid the harm]

Any assertion of contributory negligence on the part of [Decedent Name] would be frivolous and unsupported by the facts.

D. Wantonness (If Applicable)

Under Alabama law, wantonness is a higher degree of culpability than negligence and is particularly relevant to wrongful death damages. Wantonness is defined as conduct carried on with reckless or conscious disregard of the rights or safety of others. Alfa Mut. Ins. Co. v. Roush, 723 So.2d 1250 (Ala. 1998).

[Defendant's] conduct rises to the level of wantonness because:
- [Describe conscious disregard of safety]
- [Evidence of knowledge of risk]
- [Failure to act despite awareness of danger]

The wanton nature of [Defendant's] conduct significantly increases the appropriate punitive damages award.

V. DAMAGES

A. WRONGFUL DEATH DAMAGES - PUNITIVE IN NATURE

Alabama's Unique Approach:

Unlike all other states, Alabama wrongful death damages are purely punitive. The jury assesses damages based on:

1. The degree of culpability of the defendant's conduct - The more egregious the conduct, the higher the damages
2. The need to punish the defendant - Damages should be sufficient to punish the wrongdoer
3. The need to deter similar conduct - Damages should deter the defendant and others from similar conduct
4. The defendant's financial condition - Relevant to ensuring punishment is meaningful

See Estes Health Care Ctrs., Inc. v. Bannerman, 411 So.2d 109 (Ala. 1982); Peete v. Blackwell, 504 So.2d 222 (Ala. 1986).

Factors for Punitive Damage Assessment:

The Value of the Life Lost:

While Alabama wrongful death damages are punitive, the jury may consider the quality of the life taken in assessing appropriate punishment. [Decedent Name] was:

• A [Age]-year-old [describe positive attributes]
• [Family role and relationships]
• [Community contributions]
• [Professional accomplishments]
• [Personal qualities]

Claimed Wrongful Death Damages: $[Amount] (punitive)

B. SURVIVAL ACTION DAMAGES - COMPENSATORY

The survival action under Ala. Code Section 6-5-462 recovers compensatory damages:

1. Pre-Death Medical Expenses:

2. Pre-Death Pain and Suffering:

[Decedent Name] survived for [time period] following the injury. During this time, [he/she] experienced:
- [Describe physical pain]
- [Describe mental anguish and awareness of impending death]
- [Other suffering]

Claimed Amount: $[Amount]

3. Pre-Death Lost Wages:

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

C. Funeral and Burial Expenses

Under Alabama law, reasonable funeral and burial expenses are recoverable:

D. Summary of Damages

Survival Action (Compensatory):

Wrongful Death Action (Punitive):

TOTAL ALL DAMAGES: $[Grand Total]

VI. SETTLEMENT DEMAND

A. Demand Amount

Based upon the clear liability of [Defendant], the egregious nature of [Defendant's] conduct, and the substantial damages warranted under Alabama's wrongful death statute, 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. Distribution of Recovery

Under Alabama law, wrongful death recovery is distributed according to the Alabama intestacy statute (Ala. Code Section 43-8-40 et seq.):

C. Time for Response

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

Given the clear liability and substantial damages in this case, failure to respond appropriately may result in the immediate filing of a wrongful death complaint in the Circuit Court of [County] County, Alabama.

VII. BAD FAITH / EXCESS LIABILITY NOTICE

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

1. An insurer has a duty to exercise good faith in considering settlement demands. Aetna Life Ins. Co. v. Lavoie, 505 So.2d 1050 (Ala. 1987).

2. Failure to accept a reasonable settlement demand within policy limits may expose the insurer to bad faith liability.

3. We demand that you immediately advise your insured of this demand and of any 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
• Police/incident report
• Witness statements
• Photographs
• [Other case-specific documentation]

IX. CONCLUSION

The wrongful death of [Decedent Name] was caused entirely by [Defendant's] [negligence / wantonness / wrongful conduct]. Under Alabama law, [Defendant] must be punished for this conduct, and others must be deterred from similar misconduct.

[Decedent Name] was a [describe decedent's value and the loss to family and community]. [His/Her] death has devastated [his/her] family and deprived them of [his/her] love, support, and companionship.

The liability in this case is clear, and [Decedent] bore no fault whatsoever for [his/her] own death. 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 Circuit Court of [County] County, Alabama, and prosecute this case vigorously through trial. Alabama juries understand the punitive purpose of the wrongful death statute and have historically returned substantial verdicts to punish wrongdoers.

Please contact me at your earliest convenience to discuss resolution.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Alabama State Bar No. [Number]
Attorney for the Estate of [Decedent Name]

ENCLOSURES: [List]

cc: [Personal Representative]
[File]

ALABAMA-SPECIFIC PRACTICE NOTES

Critical Alabama Wrongful Death Considerations:

1. PUNITIVE ONLY: Alabama wrongful death damages are punitive, not compensatory. The jury assesses damages to punish the defendant, not to compensate the family.

2. NO STATUTORY CAP: There is no cap on wrongful death damages in Alabama. The jury has complete discretion.

3. CONTRIBUTORY NEGLIGENCE: Alabama is one of only four jurisdictions (plus DC) that follows pure contributory negligence. Any negligence by the decedent bars recovery entirely.

4. WANTONNESS: Consider pleading wantonness in addition to negligence. Wantonness increases the punitive damages and avoids certain defenses.

5. PERSONAL REPRESENTATIVE ONLY: Only the Personal Representative may sue. Ensure probate is opened promptly.

6. SURVIVAL ACTION SEPARATE: File both wrongful death (punitive) and survival (compensatory) claims.

7. DEFENDANT'S FINANCIAL CONDITION: Discovery into defendant's financial condition is appropriate for punitive damages assessment.

8. CONSTITUTIONAL BASIS: Alabama's wrongful death statute has constitutional underpinning (Art. I, Section 11), which affects legislative attempts to limit damages.

Alabama Venue and Procedure:

• Venue: County where injury occurred, where defendant resides, or where personal representative resides. Ala. Code Section 6-3-7.
• Service: Alabama Rules of Civil Procedure, Rule 4.
• Discovery: Alabama Rules of Civil Procedure generally follow Federal rules.

Alabama wrongful death law is unique and requires careful attention to its punitive damages doctrine and contributory negligence rule. This template must be customized by a licensed Alabama attorney.