DEMAND FOR SETTLEMENT - WRONGFUL DEATH

STATE OF CONNECTICUT

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

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]
Executor/Administrator: [Executor/Administrator Name]
Claim Number: [If assigned]
Policy Number: [If known]

Dear [Recipient Name]:

This firm represents [Executor/Administrator Name], as [Executor/Administrator] 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. CONNECTICUT WRONGFUL DEATH STATUTORY FRAMEWORK

A. Wrongful Death Statute - C.G.S. Section 52-555

This wrongful death claim is brought pursuant to Connecticut General Statutes Section 52-555, which provides:

"In any action surviving to or brought by an executor or administrator for injuries resulting in death, whether instantaneous or otherwise, such executor or administrator may recover from the party legally at fault for such injuries just damages together with the cost of reasonably necessary medical, hospital and nursing services, and including funeral expenses, provided no action shall be brought to recover such damages and expenses but within two years from the date of death..."

See Coley v. Camden Assocs., Inc., 243 Conn. 758, 707 A.2d 1279 (1998); Floyd v. Fruit Indus., Inc., 144 Conn. 659, 136 A.2d 918 (1957).

B. Who May Bring the Action

Under C.G.S. Section 52-555, only the Executor or Administrator of the decedent's estate may bring a wrongful death action. The recovery benefits the estate and is distributed according to the laws of intestacy or the terms of the decedent's will.

Executor/Administrator:
[Executor/Administrator Name]
Appointed: [Date] by the [Probate Court for the District of [District], Connecticut]
Estate File No.: [Probate File Number]
Letters Testamentary/Administration Issued: [Date]

C. Statute of Limitations

Under C.G.S. Section 52-555, 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: Connecticut applies a continuing course of conduct doctrine that may toll the statute in certain circumstances. Blanchette v. Barrett, 229 Conn. 256, 640 A.2d 74 (1994).

D. Connecticut's Unified Wrongful Death/Survival Approach

Unlike many states that have separate wrongful death and survival statutes, Connecticut's C.G.S. Section 52-555 encompasses both wrongful death and survival elements in a single action. The "just damages" provision allows recovery for both the injuries to the decedent (including pre-death pain and suffering) and the loss suffered by the statutory beneficiaries.

See Ladd v. Douglas Trucking Co., 203 Conn. 187, 523 A.2d 1301 (1987).

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 Connecticut law. Beers v. Bayliner Marine Corp., 236 Conn. 769, 675 A.2d 829 (1996).

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], Connecticut
- 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 relationships]

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 Connecticut law as part of the wrongful death action.

IV. LIABILITY ANALYSIS

A. Negligence / Liability of Defendant

[Defendant Name] is liable for the wrongful death of [Decedent Name]. Under Connecticut law, liability for wrongful death is established upon proof that the defendant's negligence or wrongful act caused the decedent's death. Coley v. Camden Assocs., Inc., 243 Conn. 758, 707 A.2d 1279 (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 [Connecticut statute or regulation], which was designed to protect [class of persons] from [type of harm]. Under Connecticut law, violation of a statute designed to protect a particular class of persons constitutes negligence per se. Wendland v. Ridgefield Constr. Servs., Inc., 184 Conn. 173, 439 A.2d 954 (1981).

C. Connecticut's Modified Comparative Fault Rule

Connecticut follows modified comparative fault under C.G.S. Section 52-572h. The plaintiff's damages are reduced by the percentage of negligence attributable to the plaintiff, and recovery is barred if the plaintiff is more than 50% at fault.

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

V. DAMAGES

A. WRONGFUL DEATH DAMAGES UNDER CONNECTICUT LAW

Connecticut General Statutes Section 52-555 provides for recovery of "just damages together with the cost of reasonably necessary medical, hospital and nursing services, and including funeral expenses."

The Connecticut Supreme Court has held that "just damages" encompasses a broad range of compensatory damages, including both economic and non-economic losses. Floyd v. Fruit Indus., Inc., 144 Conn. 659, 136 A.2d 918 (1957).

Recoverable Damages Include:

1. Medical, Hospital, and Nursing Expenses - Pre-death medical costs
2. Funeral Expenses - Reasonable burial and memorial costs
3. Just Damages including:
   - Loss of earning capacity
   - Conscious pain and suffering before death
   - Loss of care, comfort, and society to family members
   - Lost future earnings
   - Value of household services

B. ECONOMIC DAMAGES

1. Loss of Earning Capacity:

[Decedent Name] was [Age] years old at death with a work-life expectancy of [Years] years.

Based on expert economic analysis

2. Loss of Services:

3. Pre-Death Medical Expenses:

4. Funeral and Burial Expenses:

C. NON-ECONOMIC DAMAGES

1. Conscious Pain and Suffering (Pre-Death):

[Decedent Name] survived for [time period] following the initial injury. During this time, [he/she]:
- Experienced severe physical pain from [describe injuries]
- Suffered mental anguish and emotional distress
- [Was aware of impending death / feared for his/her life]
- [Other suffering]

Claimed Pre-Death Pain and Suffering: $[Amount]

2. Loss of Care, Comfort, and Society:

Under Connecticut law, recovery for loss of consortium-type damages is included within "just damages." The following family members have suffered:

Claimed Loss of Care, Comfort, and Society: $[Amount]

D. Summary of Damages

VI. SETTLEMENT DEMAND

A. Demand Amount

Based upon the clear liability of [Defendant], the substantial economic losses, and the significant non-economic 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 Connecticut law, wrongful death recovery is distributed according to the Connecticut intestacy statutes (C.G.S. Section 45a-437 et seq.) or the decedent's will:

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 Superior Court of Connecticut, Judicial District of [Judicial District].

VII. BAD FAITH / EXCESS LIABILITY NOTICE

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

1. An insurer has a duty to act in good faith in evaluating and settling claims. Mead v. Burns, 199 Conn. 651, 509 A.2d 11 (1986).

2. The Connecticut Unfair Insurance Practices Act (C.G.S. Section 38a-815 et seq.) prohibits unfair claim settlement practices.

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
• 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]. Under Connecticut law, [Defendant] must fairly compensate the estate and the surviving family members for this devastating loss.

[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 Superior Court of Connecticut.

Please contact me at your earliest convenience to discuss resolution.

Respectfully submitted,

[FIRM NAME]

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

ENCLOSURES: [List]

cc: [Executor/Administrator]
[File]

CONNECTICUT-SPECIFIC PRACTICE NOTES

Critical Connecticut Wrongful Death Considerations:

1. EXECUTOR/ADMINISTRATOR BRINGS ACTION: Only the executor or administrator of the estate may bring a wrongful death action in Connecticut. Ensure probate has been opened promptly.

2. "JUST DAMAGES" STANDARD: Connecticut's "just damages" language has been broadly interpreted to include a wide range of compensatory damages. Floyd v. Fruit Indus., Inc., 144 Conn. 659 (1957).

3. UNIFIED ACTION: Connecticut does not have a separate survival statute - pre-death damages are recovered as part of the wrongful death action under Section 52-555.

4. MODIFIED COMPARATIVE FAULT: Connecticut bars recovery if the plaintiff is more than 50% at fault. C.G.S. Section 52-572h.

5. NO DAMAGE CAP: Connecticut does not impose a statutory cap on wrongful death damages.

6. PUNITIVE DAMAGES: Punitive damages may be available in cases involving reckless or wanton misconduct. Berry v. Loiseau, 223 Conn. 786, 614 A.2d 414 (1992).

7. OFFER OF JUDGMENT: Connecticut's offer of judgment procedure (C.G.S. Section 52-192a) may shift litigation costs - consider carefully in settlement negotiations.

8. PRODUCT LIABILITY: Special statute for product liability wrongful death claims - C.G.S. Section 52-572m et seq.

Connecticut Venue and Procedure:

• Venue: Judicial District where plaintiff resides, where defendant resides, or where injury occurred. C.G.S. Section 51-345 et seq.
• Service: Connecticut Practice Book Section 10-12 et seq.
• Certificate of Good Faith: Required in medical malpractice cases. C.G.S. Section 52-190a.

Key Case Law:

• Coley v. Camden Assocs., Inc., 243 Conn. 758 (1998) - Elements of wrongful death
• Floyd v. Fruit Indus., Inc., 144 Conn. 659 (1957) - Scope of "just damages"
• Ladd v. Douglas Trucking Co., 203 Conn. 187 (1987) - Recovery for loss of consortium

Connecticut wrongful death law provides broad recovery through the "just damages" provision. This template must be customized by a licensed Connecticut attorney.