DEMAND FOR SETTLEMENT - WRONGFUL DEATH

STATE OF ARIZONA

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

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)] 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. ARIZONA WRONGFUL DEATH STATUTORY FRAMEWORK

A. Wrongful Death Statute - A.R.S. Section 12-611 et seq.

This wrongful death claim is brought pursuant to the Arizona Wrongful Death Act, A.R.S. Section 12-611, which provides:

"When death of a person is caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action to recover damages in respect thereof, then, and in every such case, the person who would have been liable if death had not ensued shall be liable to an action for damages."

B. Who May Bring the Action - A.R.S. Section 12-612

Under Arizona law, the following persons may bring a wrongful death action, in the following order of priority:

Statutory Plaintiffs (A.R.S. Section 12-612):

1. Surviving spouse (or surviving husband or wife)
2. Surviving child or children (if no surviving spouse)
3. Surviving parent or parents (if no surviving spouse or children)
4. Personal Representative (if no surviving spouse, children, or parents, or if none of the above bring action within specified time)

Plaintiffs in This Case:

C. Statute of Limitations

Under A.R.S. Section 12-542, 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 - A.R.S. Section 14-3110

In addition to the wrongful death action, Arizona recognizes a survival action under A.R.S. Section 14-3110, which allows the personal representative to recover damages that 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 (conscious pain and suffering)
• Lost wages from injury to death

Note: Under Arizona law, pain and suffering survives only if the decedent was conscious after the injury. Felder v. Physiotherapy Associates, 215 Ariz. 154, 158 P.3d 877 (App. 2007).

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]

Arizona recognizes sanctions for spoliation of evidence. Souza v. Fred Carries Contracts, Inc., 191 Ariz. 247, 955 P.2d 3 (App. 1997).

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], Arizona
- 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 Arizona law.

Elements of Negligence:

Under Arizona law, a plaintiff must prove: (1) duty; (2) breach; (3) causation; and (4) damages. Gipson v. Kasey, 214 Ariz. 141, 150 P.3d 228 (2007).

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 [Arizona Statute/Regulation], which was designed to protect [class of persons] from [type of harm]. Under Arizona law, violation of a safety statute constitutes negligence per se. Rinehart v. Farm Bureau Mut. Ins. Co., 181 Ariz. 119, 887 P.2d 986 (App. 1994).

C. Arizona's Pure Comparative Negligence Rule

Arizona follows the pure comparative negligence rule under A.R.S. Section 12-2505. 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, including non-parties under A.R.S. Section 12-2506

[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 - A.R.S. Section 12-613

Under A.R.S. Section 12-613, the damages recoverable in a wrongful death action include:

"The damages recoverable in such action shall be such as a jury deems fair and just with reference to the injury resulting from the death to the surviving parties who may be entitled to recover."

Arizona Has No Cap on Wrongful Death Damages.

1. Loss of Financial Support:

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

2. Loss of Services and Consortium:

Under Arizona law, surviving family members may recover for loss of services, care, and consortium. Summerfield v. Superior Court, 144 Ariz. 467, 698 P.2d 712 (1985).

[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. Loss of Love, Affection, and Companionship:

Arizona allows recovery for the loss of love, affection, companionship, and consortium. Quintero v. Rogers, 221 Ariz. 536, 212 P.3d 874 (App. 2009).

Surviving Spouse - [Spouse Name]:

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

Surviving Children:

[Child 1 Name], Age [Age]:

[Describe parent-child relationship and impact on child]

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

Surviving Parents (if applicable):

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] was conscious and 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 Arizona law, punitive damages may be awarded when the defendant's conduct is outrageous, and done with an "evil mind" - evil hand guided by an evil mind. Rawlings v. Apodaca, 151 Ariz. 149, 726 P.2d 565 (1986).

An "evil mind" may be established by showing:
- The defendant intended to injure the plaintiff;
- The defendant was motivated by spite or ill will; or
- The defendant acted to serve its own interests, having reason to know and consciously disregarding a substantial risk that its conduct might significantly injure the rights of others.

Linthicum v. Nationwide Life Ins. Co., 150 Ariz. 326, 723 P.2d 675 (1986).

[Defendant's] conduct warrants punitive damages because:
- [Describe egregious conduct]
- [Evidence of evil mind - conscious disregard of known risk]

Arizona has no cap on punitive damages. Hawkins v. Allstate Ins. Co., 152 Ariz. 490, 733 P.2d 1073 (1987).

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 agreement among the plaintiffs and 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 the available policy limits. Under Arizona law:

1. An insurer has a duty to act in good faith in claims handling and settlement. Rawlings v. Apodaca, 151 Ariz. 149, 726 P.2d 565 (1986).

2. Arizona recognizes first-party and third-party bad faith claims.

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

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

VIII. DOCUMENTATION ENCLOSED

• Death certificate
• 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
• Photographs
• [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 Arizona in and for [County] County] and prosecute this case vigorously through trial.

Please contact me at your earliest convenience to discuss resolution.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
State Bar of Arizona No. [Number]
Attorney for [Claimant Name(s)]

ENCLOSURES: [List]

cc: [Claimant(s)]
[File]

ARIZONA-SPECIFIC PRACTICE NOTES

Critical Arizona Wrongful Death Considerations:

1. NO DAMAGE CAPS: Arizona has no statutory cap on wrongful death damages (economic or non-economic).

2. PURE COMPARATIVE NEGLIGENCE: Recovery reduced by percentage of fault but never barred. A.R.S. Section 12-2505.

3. FAULT ALLOCATION TO NON-PARTIES: Under A.R.S. Section 12-2506, defendants may seek to allocate fault to non-parties ("empty chair" defense).

4. STATUTORY PLAINTIFFS: Unlike some states, Arizona allows survivors (spouse, children, parents) to sue directly rather than requiring personal representative.

5. SURVIVAL ACTION REQUIRES CONSCIOUSNESS: Pain and suffering survives only if decedent was conscious after injury.

6. PUNITIVE DAMAGES - "EVIL MIND": High standard requiring conscious disregard of known risk.

7. NO LOSS OF CONSORTIUM FOR CHILDREN CLAIMING FOR PARENT'S INJURY: But children can recover in wrongful death actions.

Arizona Venue and Procedure:

• Venue: County where defendant resides, where cause of action arose, or where plaintiff resides (if defendant does not reside in Arizona). A.R.S. Section 12-401.
• Service: Arizona Rules of Civil Procedure, Rule 4.1 and 4.2.
• Mandatory Arbitration: Superior Court cases with claims of $50,000 or less subject to mandatory arbitration.

Arizona Medical Malpractice (if applicable):

• Preliminary Expert Opinion Affidavit required. A.R.S. Section 12-2602.
• Certificate of Merit required within 60 days of filing.

Arizona wrongful death law provides broad recovery for survivors. This template must be customized by a licensed Arizona attorney.