DEMAND FOR SETTLEMENT - WRONGFUL DEATH

STATE OF CALIFORNIA

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

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 Heirs / 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 / domestic partner / heirs / 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. CALIFORNIA WRONGFUL DEATH STATUTORY FRAMEWORK

A. Wrongful Death Statute - Cal. Code Civ. Proc. Section 377.60

This wrongful death claim is brought pursuant to California Code of Civil Procedure Section 377.60, which provides:

"A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent's personal representative on their behalf..."

B. Who May Bring the Action - Cal. Code Civ. Proc. Section 377.60

Under California law, the following persons have standing to bring a wrongful death action:

Statutory Plaintiffs (CCP Section 377.60(a)):

1. Decedent's surviving spouse
2. Decedent's domestic partner (as defined in Family Code Section 297)
3. Decedent's surviving children
4. Issue of deceased children (if child predeceased)

If None of the Above, Then (CCP Section 377.60(b)):

5. Persons who would be entitled to property of the decedent by intestate succession - but only if they were dependent on the decedent

Putative Spouse and Stepchildren (CCP Section 377.60(c)-(d)):

6. Putative spouse - if dependent on decedent
7. Stepchildren - if dependent on decedent

Minor Residing with Decedent (CCP Section 377.60(f)):

8. Minor who resided in decedent's household for 180 days prior to death and was dependent on decedent for at least 50% of support

Plaintiffs in This Case:

C. Statute of Limitations

Under California Code of Civil Procedure Section 335.1, 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]

Note: The survival action has a separate statute of limitations based on the underlying claim.

D. Survival Action - Cal. Code Civ. Proc. Section 377.30

In addition to the wrongful death action, California recognizes a survival action under Cal. Code Civ. Proc. Section 377.30, which allows the decedent's personal representative to recover damages the decedent sustained before death:

• Medical expenses incurred prior to death
• Lost wages from injury to death
• Property damage
• Pain and suffering (recoverable under Section 377.34)

Important: Under CCP Section 377.34, as amended by AB 35 (effective January 1, 2022), pain, suffering, and disfigurement damages survive the decedent's death and may be recovered by the estate.

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

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]

California recognizes independent tort claims for intentional spoliation of evidence. Cedars-Sinai Med. Ctr. v. Superior Court (1998) 18 Cal.4th 1. Destruction of evidence may 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], California
- Occupation: [Occupation/Employer]
- Annual Income: $[Amount]
- Education: [Education level]

Family:
- Spouse/Domestic Partner: [Name], [married/registered] [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 California law.

Elements of Negligence:

Under California law, a plaintiff must prove: (1) duty; (2) breach; (3) causation; and (4) damages. Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917.

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 heirs

B. Negligence Per Se

[If citation or statutory violation involved:]

[Defendant] violated [California Vehicle Code Section / Statute], which was designed to protect [class of persons] from [type of harm]. Under California Evidence Code Section 669, violation of a statute constitutes presumptive negligence. Evid. Code Section 669.

C. California's Pure Comparative Negligence Rule

California follows the pure comparative negligence rule established in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. 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 - Cal. Code Civ. Proc. Section 377.61

Under California law, damages recoverable in a wrongful death action are compensatory and include:

California Has No Cap on Wrongful Death Damages (except in medical malpractice cases under MICRA).

1. Loss of Financial Support:

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

2. Loss of Gifts or Benefits:

The decedent would have provided gifts, benefits, and financial contributions to the heirs:
- [Describe expected gifts, inheritance, etc.]
- Present value: $[Amount]

3. Loss of Household Services:

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

4. Funeral and Burial Expenses:

5. Non-Economic Damages - Loss of Companionship and Society:

California allows recovery for the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support of the decedent. Krouse v. Graham (1977) 19 Cal.3d 59.

Surviving Spouse/Domestic Partner - [Name]:

[Describe the marital/partnership 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]

B. Survival Action Damages (Estate Claim)

Under CCP Section 377.34 (as amended), the survival action allows recovery for:

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 California Civil Code Section 3294, punitive damages may be awarded when the defendant is guilty of oppression, fraud, or malice:

• Malice: Conduct intended to cause injury, or despicable conduct carried on with a willful and conscious disregard of the rights or safety of others
• Oppression: Despicable conduct subjecting a person to cruel and unjust hardship in conscious disregard of that person's rights
• Fraud: Intentional misrepresentation, deceit, or concealment

[Defendant's] conduct warrants punitive damages because:
- [Describe egregious conduct - e.g., DUI, conscious disregard of safety]
- [Evidence of malice, oppression, or fraud]

California has no cap on punitive damages (except certain statutory limitations for certain defendants).

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 Heirs

Subject to agreement among the heirs and Court approval (for minor beneficiaries), settlement proceeds would be allocated as follows:

Note: Minor settlements require court approval under Cal. Probate Code Sections 3600-3613.

C. Time for Response - Time-Limited Demand

This is a time-limited demand pursuant to California law regarding insurer bad faith. Comunale v. Traders & General Ins. Co. (1958) 50 Cal.2d 654.

This demand will remain open for thirty (30) days from the date of this letter, expiring at 5:00 p.m. Pacific Time on [Expiration Date].

VII. BAD FAITH / EXCESS LIABILITY NOTICE

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

1. You have a duty to give equal consideration to your insured's interests in settlement decisions. Comunale v. Traders & General Ins. Co. (1958) 50 Cal.2d 654.

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. Crisci v. Security Ins. Co. (1967) 66 Cal.2d 425.

3. We demand that you immediately advise your insured of this demand, of the excess exposure, and that a time limit applies.

4. Your insured has the right to independent counsel to advise regarding this excess exposure.

California is plaintiff-friendly on insurer bad faith. Time-limited demands can create significant exposure for insurers who fail to respond appropriately.

VIII. DOCUMENTATION ENCLOSED

• Death certificate
• Letters Testamentary / Letters of Administration (if applicable)
• 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 / Domestic Partnership registration
• Birth certificates of children
• California Highway Patrol / Police 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 in the prime of [his/her] life, 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 California, County of [County], and prosecute this case vigorously through trial. Juries in [County] County have historically returned substantial verdicts in wrongful death cases.

Please contact me at your earliest convenience to discuss resolution.

Respectfully submitted,

[FIRM NAME]

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

ENCLOSURES: [List]

cc: [Claimant(s)]
[Personal Representative]
[File]

CALIFORNIA-SPECIFIC PRACTICE NOTES

Critical California Wrongful Death Considerations:

1. PURE COMPARATIVE NEGLIGENCE: Recovery reduced by percentage of fault but never barred. Li v. Yellow Cab Co. (1975) 13 Cal.3d 804.

2. NO DAMAGE CAPS: No cap on wrongful death damages (except MICRA for medical malpractice - $250,000 non-economic/$350,000 effective 2023 and increasing).

3. STANDING IS COMPLEX: California has detailed rules on who may sue. Verify all potential heirs.

4. DOMESTIC PARTNERS: Have equal standing with spouses under CCP 377.60.

5. SURVIVAL ACTION - PAIN AND SUFFERING: AB 35 (effective 1/1/2022) allows recovery of decedent's pain and suffering in survival action.

6. CCP SECTION 998 OFFERS: Important cost-shifting mechanism - consider formal offers to compromise.

7. PROPOSITION 213: Uninsured plaintiffs cannot recover non-economic damages unless defendant was DUI, committed a felony, or was uninsured. Cal. Civ. Code Section 3333.4.

8. GOVERNMENT CLAIMS: If government entity involved, must file Government Tort Claim within 6 months (injury) or 1 year (property). Gov. Code Section 911.2.

9. BAD FAITH: California is very plaintiff-friendly on insurer bad faith. Time-limited demands create significant exposure.

10. PREJUDGMENT INTEREST: Available under Civil Code Section 3291 if certain conditions met.

California Venue and Procedure:

• Venue: County where injury occurred or where any defendant resides. CCP Section 395.
• Service: California Code of Civil Procedure Sections 415.10-415.95.
• Fast Track: California has case management rules requiring trial within certain timeframes.

California Medical Malpractice (if applicable - MICRA):

• Non-economic damages capped (was $250,000, increasing under AB 35).
• 90-day notice required before filing suit. CCP Section 364.
• Periodic payment of future damages may be required. CCP Section 667.7.

California wrongful death law is favorable to plaintiffs but has complex standing rules. This template must be customized by a licensed California attorney.