DEMAND FOR SETTLEMENT - WRONGFUL DEATH
STATE OF COLORADO
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Colorado ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Colorado
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]
Claimants: [Names of Beneficiaries]
Claim Number: [If assigned]
Policy Number: [If known]
Dear [Recipient Name]:
This firm represents [Claimant Names], the [relationship - e.g., "surviving spouse and children"] 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. COLORADO WRONGFUL DEATH STATUTORY FRAMEWORK
A. Wrongful Death Act - C.R.S. Section 13-21-201 et seq.
This wrongful death claim is brought pursuant to the Colorado Wrongful Death Act, C.R.S. Section 13-21-201 et seq., which provides a cause of action when the death of a person is caused by the wrongful act, neglect, or default of another.
B. Who May Bring the Action
Under C.R.S. Section 13-21-201, the following persons may bring a wrongful death action in the following order of priority:
-
First Year After Death: Only the surviving spouse or, if none, the surviving children (C.R.S. Section 13-21-201(1)(a))
-
Second Year After Death: If no action filed by spouse/children, the surviving parent(s) may bring suit (C.R.S. Section 13-21-201(1)(b))
-
Designated Beneficiary: A designated beneficiary as defined in C.R.S. Section 15-22-103 may also bring an action
Claimants in This Case:
| Claimant | Relationship | Statutory Authority |
|---|---|---|
| [Name] | [Surviving Spouse] | C.R.S. Section 13-21-201(1)(a) |
| [Name] | [Child] | C.R.S. Section 13-21-201(1)(a) |
| [Additional claimants] | [Relationship] | [Authority] |
C. Statute of Limitations
Under C.R.S. Section 13-21-204, 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 - C.R.S. Section 13-20-101
In addition to the wrongful death action, a survival claim is brought pursuant to C.R.S. Section 13-20-101, which provides that actions for personal injuries survive the death of the injured party. The survival action allows recovery of:
- Medical expenses incurred prior to death
- Pain and suffering experienced by decedent prior to death
- Lost wages from date of injury to death
See Heller v. Snyders, 620 P.2d 738 (Colo. App. 1980).
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 Colorado law. Aloi v. Union Pac. R.R. Corp., 129 P.3d 999 (Colo. 2006).
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], Colorado
- 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 Community Involvement:
[Describe the decedent's character, relationships, and community contributions]
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 C.R.S. Section 13-21-201. Under Colorado law, a wrongful death claim requires proof that death was caused by the defendant's wrongful act, neglect, or default. Foster v. Allstate Ins. Co., 717 P.2d 489 (Colo. 1986).
Elements of Negligence:
-
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
-
Death: [Decedent Name] died as a result of [Defendant's] negligence
B. Negligence Per Se (If Applicable)
[Defendant] violated [Colorado statute or regulation], which was designed to protect [class of persons] from [type of harm]. Under Colorado law, violation of a statute designed to protect a class of persons may constitute negligence per se. Bedor v. Johnson, 507 P.2d 865 (Colo. App. 1972).
C. Colorado's Modified Comparative Fault Rule
Colorado follows modified comparative fault under C.R.S. Section 13-21-111. The plaintiff's damages are reduced by the percentage of fault attributable to the plaintiff, and recovery is barred if the plaintiff is 50% or more at fault.
[Decedent Name] Was Not At Fault:
[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 comparative fault on the part of [Decedent Name] would be frivolous and unsupported by the facts.
V. DAMAGES
A. WRONGFUL DEATH DAMAGES UNDER COLORADO LAW
Under C.R.S. Section 13-21-203, wrongful death damages in Colorado include both economic and non-economic damages.
1. Economic Damages (No Cap):
- Loss of financial support the decedent would have provided
- Lost earnings and employment benefits
- Medical expenses incurred prior to death
- Funeral and burial expenses
- Value of household services
2. Non-Economic Damages (Subject to Cap):
Under C.R.S. Section 13-21-203.5, non-economic damages in wrongful death cases are subject to the cap set forth in C.R.S. Section 13-21-102.5, which is adjusted annually for inflation.
Non-economic damages include:
- Grief
- Loss of companionship
- Pain and suffering
- Emotional stress
Current cap applies - verify current inflation-adjusted amount.
B. ECONOMIC DAMAGES
1. Loss of Financial Support:
[Decedent Name] was [Age] years old at death with a work-life expectancy of [Years] years.
| Category | Calculation | Amount |
|---|---|---|
| Annual Earnings | $[Amount] | |
| Benefits (Value at [%]) | $[Amount] | |
| Work-Life Expectancy | [Years] years | |
| Present Value of Lost Support | $[Amount] |
Based on vocational and economic expert analysis
2. Loss of Services:
| Service | Annual Value | Years | Present Value |
|---|---|---|---|
| Household Services | $[Amount] | [Years] | $[Amount] |
| Childcare/Guidance | $[Amount] | [Years] | $[Amount] |
| TOTAL | $[Amount] |
3. Pre-Death Medical Expenses (Survival Action):
| Provider | Service | Amount |
|---|---|---|
| [Ambulance] | Transport | $[Amount] |
| [Hospital] | Emergency/ICU Care | $[Amount] |
| [Other Providers] | [Service] | $[Amount] |
| TOTAL PRE-DEATH MEDICAL | $[Total] |
4. Funeral and Burial Expenses:
| Expense | Amount |
|---|---|
| Funeral Home Services | $[Amount] |
| Casket/Urn | $[Amount] |
| Cemetery/Burial Plot | $[Amount] |
| Headstone/Memorial | $[Amount] |
| Other Expenses | $[Amount] |
| TOTAL FUNERAL EXPENSES | $[Total] |
C. NON-ECONOMIC DAMAGES
1. Grief and Emotional Distress:
[Describe the grief, sorrow, and emotional distress suffered by each claimant]
2. Loss of Companionship and Society:
| Claimant | Relationship | Loss Description |
|---|---|---|
| [Spouse Name] | Spouse of [Years] | [Describe marriage, companionship lost] |
| [Child Name] | Child, age [Age] | [Describe parent-child relationship, impact] |
| [Additional claimants] | [Relationship] | [Description] |
Claimed Non-Economic Damages: $[Amount] (subject to statutory cap)
D. SURVIVAL ACTION DAMAGES (PRE-DEATH)
Under C.R.S. Section 13-20-101, the following pre-death damages are claimed:
| Category | Amount |
|---|---|
| Pre-Death Pain and Suffering | $[Amount] |
| Pre-Death Medical Expenses | $[Amount] |
| Pre-Death Lost Wages | $[Amount] |
| TOTAL SURVIVAL DAMAGES | $[Total] |
E. Summary of Damages
Wrongful Death Damages:
| Category | Amount |
|---|---|
| Loss of Financial Support | $[Amount] |
| Loss of Services | $[Amount] |
| Funeral and Burial Expenses | $[Amount] |
| Non-Economic Damages (subject to cap) | $[Amount] |
| TOTAL WRONGFUL DEATH DAMAGES | $[Subtotal] |
Survival Action Damages:
| Category | Amount |
|---|---|
| Pre-Death Medical Expenses | $[Amount] |
| Pre-Death Pain and Suffering | $[Amount] |
| Pre-Death Lost Wages | $[Amount] |
| TOTAL SURVIVAL DAMAGES | $[Subtotal] |
TOTAL ALL DAMAGES: $[Grand Total]
VI. SETTLEMENT DEMAND
A. Demand Amount
Based upon the clear liability of [Defendant], the substantial economic losses, and the significant non-economic damages suffered by the surviving family members, 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 Colorado law, wrongful death recovery is distributed among the statutory beneficiaries:
| Beneficiary | Relationship | Proposed Share |
|---|---|---|
| [Spouse Name] | Surviving Spouse | [Percentage/Amount] |
| [Child Name] | Child | [Percentage/Amount] |
| [Additional beneficiaries] | [Relationship] | [Percentage/Amount] |
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 District Court of [County] County, Colorado.
VII. BAD FAITH / EXCESS LIABILITY NOTICE
Please be advised that our clients' damages may substantially exceed the available policy limits. Under Colorado law:
-
An insurer has a duty to act reasonably and in good faith in evaluating and responding to settlement demands. Travelers Ins. Co. v. Savio, 706 P.2d 1258 (Colo. 1985).
-
Failure to accept a reasonable settlement demand within policy limits may expose the insurer to liability for the full judgment.
-
We demand that you immediately advise your insured of this demand and of any potential excess exposure.
VIII. DOCUMENTATION ENCLOSED
- Death certificate
- Medical records and bills (pre-death treatment)
- Autopsy report (if applicable)
- Funeral and burial expense receipts
- Police/incident report
- Witness statements
- Photographs
- Proof of earnings/income documentation
- [Other case-specific documentation]
IX. CONCLUSION
The wrongful death of [Decedent Name] was caused entirely by [Defendant's] [negligence / wrongful conduct]. [Decedent Name] bore no fault whatsoever for [his/her] own death.
[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.
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 District Court of [County] County, Colorado.
Please contact me at your earliest convenience to discuss resolution.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
Colorado Supreme Court Registration No. [Number]
Attorney for [Claimant Names]
ENCLOSURES: [List]
cc: [Claimants]
[File]
COLORADO-SPECIFIC PRACTICE NOTES
Critical Colorado Wrongful Death Considerations:
-
TIERED BENEFICIARIES: Colorado has a strict hierarchy - spouse and children have exclusive right to sue for the first year; parents may only sue in the second year if spouse/children did not file.
-
DESIGNATED BENEFICIARY: Colorado recognizes designated beneficiaries under the Colorado Designated Beneficiary Agreement Act (C.R.S. Section 15-22-103), providing rights to same-sex partners and others with formal designated beneficiary agreements.
-
NON-ECONOMIC DAMAGE CAP: Non-economic damages in wrongful death cases are subject to the cap in C.R.S. Section 13-21-102.5, which is adjusted annually for inflation. Verify the current cap amount.
-
MODIFIED COMPARATIVE FAULT: Colorado uses the 50% bar rule - if decedent was 50% or more at fault, recovery is completely barred. If less than 50% at fault, damages are reduced proportionally.
-
SURVIVAL ACTION: Colorado allows survival actions for the decedent's pre-death injuries, including pain and suffering. This is separate from the wrongful death claim.
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SOLEMN OCCASION DOCTRINE: Certain statements made at solemn occasions may be admissible as exceptions to hearsay.
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GOVERNMENTAL IMMUNITY: Claims against governmental entities are governed by the Colorado Governmental Immunity Act, C.R.S. Section 24-10-101 et seq., with specific notice requirements and damage caps.
Colorado Venue and Procedure:
- Venue: County where defendant resides, where cause of action arose, or where plaintiff resides if defendant is a corporation. C.R.C.P. 98.
- Service: Colorado Rules of Civil Procedure, Rule 4.
- Certificate of Review: Required in medical malpractice cases. C.R.S. Section 13-20-602.
Colorado wrongful death law requires attention to the tiered beneficiary structure and non-economic damage cap. This template must be customized by a licensed Colorado attorney.