DEMAND FOR SETTLEMENT - WRONGFUL DEATH
STATE OF ARKANSAS
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Arkansas ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Arkansas
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. ARKANSAS WRONGFUL DEATH STATUTORY FRAMEWORK
A. Wrongful Death Statute - Ark. Code Ann. Section 16-62-102
This wrongful death claim is brought pursuant to the Arkansas Wrongful Death Act, Ark. Code Ann. Section 16-62-102, which provides:
"Whenever the death of a person is caused by a wrongful act, neglect, or default of another, and the act, neglect, or default is such as would have entitled the party injured, if death had not ensued, to maintain an action and recover damages in respect of the injury, then, and in every such case, the person or company or corporation that would have been liable if death had not ensued shall be liable to an action for damages."
B. Who May Bring the Action - Ark. Code Ann. Section 16-62-102(b)
Under Arkansas law, the wrongful death action is brought by the Personal Representative of the decedent's estate for the benefit of the statutory beneficiaries.
Statutory Beneficiaries (Ark. Code Ann. Section 16-62-102(d)):
The beneficiaries of a wrongful death action are:
1. Surviving spouse - entitled to share
2. Surviving children - entitled to share (minor children have priority consideration)
3. Surviving parents - if no spouse or children
4. Next of kin - if no spouse, children, or parents
Distribution: The recovery is distributed according to the laws of descent and distribution under Arkansas Code Ann. Section 28-9-214.
Statutory Beneficiaries in This Case:
| Beneficiary | Relationship | Age |
|---|---|---|
| [Spouse Name] | Surviving Spouse | [Age] |
| [Child 1 Name] | Child | [Age] |
| [Child 2 Name] | Child | [Age] |
| [Parent Name] | Parent (if applicable) | [Age] |
Personal Representative:
[Personal Representative Name]
Appointed: [Date] by the [Probate Court of [County] County, Arkansas]
Case No.: [Probate Case Number]
Letters Testamentary/Administration Issued: [Date]
C. Statute of Limitations
Under Ark. Code Ann. Section 16-62-102(a), the wrongful death action must be commenced within three (3) years from the date of death.
- Date of Death: [Date of Death]
- Limitations Period Expires: [Expiration Date]
Note: Arkansas has a relatively longer wrongful death statute of limitations (3 years) compared to many other states.
D. Survival Action - Ark. Code Ann. Section 16-62-101
In addition to the wrongful death action, the Estate brings a survival claim pursuant to Ark. Code Ann. Section 16-62-101, which provides that the decedent's cause of action survives to the personal representative. 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 Arkansas law. Goff v. Harold Ives Trucking Co., 342 Ark. 143, 27 S.W.3d 387 (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], Arkansas
- 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.]
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 Arkansas law.
Elements of Negligence:
Under Arkansas law, a plaintiff must prove: (1) duty; (2) breach; (3) proximate cause; and (4) damages. Wallace v. Broyles, 332 Ark. 189, 961 S.W.2d 712 (1998).
-
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 with particularity]
- [Additional breaches] -
Causation: [Defendant's] breach was the actual and proximate cause of [Decedent's] death
-
Damages: [Decedent's] death has caused substantial damages to the statutory beneficiaries
B. Negligence Per Se (If Applicable)
[Defendant] violated [Arkansas Statute/Regulation], which was designed to protect [class of persons] from [type of harm]. Under Arkansas law, violation of a safety statute may constitute negligence per se or evidence of negligence. AMI Civ. 601.
C. Arkansas Modified Comparative Fault Rule
Arkansas follows the modified comparative fault rule under Ark. Code Ann. Section 16-64-122. Under this doctrine:
- A plaintiff's recovery is reduced by their percentage of fault
- Recovery is barred if the plaintiff is 50% or more at 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 - Ark. Code Ann. Section 16-62-102
Under Arkansas law, the following damages are recoverable in a wrongful death action:
Arkansas Has No Cap on Compensatory Wrongful Death Damages.
1. Loss of Income / Financial Support:
[Decedent Name] was the [primary/secondary] financial provider for [his/her] family.
| Factor | Value |
|---|---|
| Decedent's Annual Income | $[Amount] |
| Decedent's Age at Death | [Age] |
| Decedent's Work-Life Expectancy | [Years] |
| Percentage Contributed to Family | [%] |
| Personal Consumption Deduction | [%] |
| Present Value Discount Rate | [%] |
| TOTAL LOSS OF INCOME | $[Amount] |
2. Loss of Services:
[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. Medical and Hospital Expenses:
Reasonable medical and hospital expenses incurred as a result of the injury causing death.
4. Non-Economic Damages:
Arkansas allows recovery for non-economic damages in wrongful death cases, including mental anguish and loss of companionship. Odom v. Melton Truck Lines, Inc., 233 Ark. 1013, 350 S.W.2d 190 (1961).
Surviving Spouse - [Spouse Name]:
| Category | Amount |
|---|---|
| Loss of Companionship and Society | $[Amount] |
| Loss of Love and Affection | $[Amount] |
| Mental Anguish and Grief | $[Amount] |
| Loss of Consortium | $[Amount] |
| SPOUSE'S TOTAL NON-ECONOMIC | $[Total] |
[Describe the marital relationship and impact of death on spouse]
Surviving Children:
[Child 1 Name], Age [Age]:
| Category | Amount |
|---|---|
| Loss of Parental Guidance | $[Amount] |
| Loss of Love and Affection | $[Amount] |
| Mental Anguish and Grief | $[Amount] |
| Loss of Care and Training | $[Amount] |
| CHILD'S TOTAL NON-ECONOMIC | $[Total] |
[Describe parent-child relationship and impact on child]
[Child 2 Name], Age [Age]:
[Same structure as above]
Surviving Parents (if applicable):
| Category | Amount |
|---|---|
| Loss of Child's Love and Companionship | $[Amount] |
| Mental Anguish and Grief | $[Amount] |
| PARENT'S TOTAL NON-ECONOMIC | $[Total] |
5. Funeral and Burial Expenses:
| Expense | Amount |
|---|---|
| Funeral Home Services | $[Amount] |
| Casket/Urn | $[Amount] |
| Cemetery/Burial Plot | $[Amount] |
| Headstone/Memorial | $[Amount] |
| TOTAL FUNERAL EXPENSES | $[Total] |
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:
| Provider | Service | Amount |
|---|---|---|
| [Ambulance] | Transport | $[Amount] |
| [Hospital] | Emergency/ICU Care | $[Amount] |
| [Other] | [Service] | $[Amount] |
| TOTAL PRE-DEATH MEDICAL | $[Total] |
3. Pre-Death Lost Earnings:
Lost wages from date of injury to date of death: $[Amount]
C. Punitive Damages (If Applicable)
Under Arkansas law, punitive damages may be awarded when the defendant's conduct was malicious, willful, or wanton. Advocat, Inc. v. Sauer, 353 Ark. 29, 111 S.W.3d 346 (2003).
Punitive Damages Cap - Ark. Code Ann. Section 16-55-208:
Arkansas caps punitive damages at the greater of:
- $250,000; or
- Three times compensatory damages (up to a maximum of $1,000,000)
[Defendant's] conduct warrants punitive damages because:
- [Describe egregious conduct]
- [Evidence of malice, willfulness, or wanton disregard]
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 Income/Financial Support | $[Amount] |
| Loss of Services | $[Amount] |
| Funeral and Burial Expenses | $[Amount] |
| Spouse's Non-Economic Damages | $[Amount] |
| Children's Non-Economic Damages | $[Amount] |
| Parents' Non-Economic Damages (if any) | $[Amount] |
| TOTAL WRONGFUL DEATH DAMAGES | $[Subtotal] |
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. Distribution of Recovery
Under Arkansas law, wrongful death recovery is distributed according to the laws of descent and distribution (Ark. Code Ann. Section 28-9-214):
| Beneficiary | Relationship | Statutory Share |
|---|---|---|
| [Spouse Name] | Surviving Spouse | [Per statute] |
| [Child Name] | Child | [Per statute] |
| [Additional beneficiaries] | [Relationship] | [Per statute] |
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 Arkansas law:
-
An insurer has a duty to act in good faith in claims handling and settlement. Aetna Cas. & Sur. Co. v. Broadway Arms Corp., 281 Ark. 128, 664 S.W.2d 463 (1984).
-
Failure to accept a reasonable settlement demand within policy limits may expose your insured to personal liability and your company to bad faith liability.
-
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 [Circuit Court of [County] County, Arkansas] and prosecute this case vigorously through trial.
Please contact me at your earliest convenience to discuss resolution.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
Arkansas Bar No. [Number]
Attorney for the Estate of [Decedent Name] and Statutory Beneficiaries
ENCLOSURES: [List]
cc: [Personal Representative]
[Statutory Beneficiaries]
[File]
ARKANSAS-SPECIFIC PRACTICE NOTES
Critical Arkansas Wrongful Death Considerations:
-
THREE-YEAR STATUTE OF LIMITATIONS: Arkansas has a 3-year wrongful death SOL, longer than most states.
-
NO CAP ON COMPENSATORY DAMAGES: No statutory cap on compensatory damages in wrongful death cases.
-
PUNITIVE DAMAGES CAPPED: Limited to greater of $250,000 or 3x compensatory (max $1,000,000).
-
MODIFIED COMPARATIVE FAULT (49% BAR): Recovery barred if decedent 50% or more at fault.
-
PERSONAL REPRESENTATIVE REQUIRED: Only the Personal Representative may bring the wrongful death action.
-
DISTRIBUTION: Recovery distributed per laws of descent and distribution.
-
SURVIVAL ACTION: Separate claim for decedent's pre-death damages.
Arkansas Venue and Procedure:
- Venue: County where defendant resides, where cause of action arose, or where plaintiff resides. Ark. Code Ann. Section 16-60-101.
- Service: Arkansas Rules of Civil Procedure, Rule 4.
- Medical Malpractice: Special procedures apply including screening panels.
Arkansas Medical Malpractice (if applicable):
- Affidavit of Merit required. Ark. Code Ann. Section 16-114-209.
- Expert witness requirements apply.
Arkansas wrongful death law has specific procedural requirements. This template must be customized by a licensed Arkansas attorney.