DEMAND FOR SETTLEMENT - WRONGFUL DEATH

DISTRICT OF COLUMBIA

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

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]
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, 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. DISTRICT OF COLUMBIA WRONGFUL DEATH STATUTORY FRAMEWORK

A. Wrongful Death Act - D.C. Code Section 16-2701

This wrongful death claim is brought pursuant to the District of Columbia Wrongful Death Act, D.C. Code Section 16-2701, which provides:

"When, by an injury done or happening in the District, the death of a person is caused by the wrongful act, neglect, or default of a person or corporation... the person or corporation that would have been liable to the person injured, if death had not ensued, is liable for damages for the death..."

See Chandler v. District of Columbia, 404 A.2d 964 (D.C. 1979); Singletary v. Atlantic Coast Line R.R. Co., 217 F.2d 183 (D.C. Cir. 1954).

CRITICAL DISTINCTION - CONTRIBUTORY NEGLIGENCE:

The District of Columbia is one of only five jurisdictions (including Alabama, Maryland, North Carolina, and Virginia) that follows pure contributory negligence. Any negligence by the decedent, however slight, that contributed to the injury resulting in death completely bars recovery.

B. Who May Bring the Action

Under D.C. Code Section 16-2701, the action is brought by the personal representative for the benefit of:

1. Surviving spouse
2. Children
3. Next of kin

Personal Representative:
[Personal Representative Name]
Appointed: [Date] by the [Superior Court of the District of Columbia, Probate Division]
Estate File No.: [Probate Case Number]
Letters of Administration/Letters Testamentary Issued: [Date]

Beneficiaries:

C. Statute of Limitations

Under D.C. Code Section 16-2702, 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 - D.C. Code Section 12-101

In addition to the wrongful death action, the Estate brings a survival claim pursuant to D.C. Code Section 12-101, which provides that actions for personal injuries survive the death of the person injured. The survival action allows recovery of:

• Medical expenses incurred prior to death
• Pain and suffering experienced by decedent prior to death
• Lost wages from injury to death

See Hearn v. District of Columbia, 36 F. Supp. 2d 1 (D.D.C. 1999).

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 District of Columbia law. Holmes v. Amerex Rent-A-Car, 710 A.2d 846 (D.C. 1998).

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], District of Columbia
- 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 the survival action.

IV. LIABILITY ANALYSIS

A. Negligence / Liability of Defendant

[Defendant Name] is liable for the wrongful death of [Decedent Name]. Under District of Columbia law, a wrongful death action requires proof that the defendant's wrongful act, neglect, or default caused the death. Chandler v. District of Columbia, 404 A.2d 964 (D.C. 1979).

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 [D.C. statute or regulation], which was designed to protect [class of persons] from [type of harm]. Under District of Columbia law, violation of a statute designed to protect a class of persons may constitute negligence per se. District of Columbia v. Walker, 689 A.2d 40 (D.C. 1997).

C. District of Columbia's Contributory Negligence Rule

CRITICAL - THE DISTRICT OF COLUMBIA FOLLOWS CONTRIBUTORY NEGLIGENCE

The District of Columbia applies pure contributory negligence. Under this doctrine, if the plaintiff (decedent) was guilty of any negligence that proximately contributed to the injury, recovery is completely barred. Washington Metro. Area Transit Auth. v. Moore, 376 A.2d 816 (D.C. 1977).

Exception - Last Clear Chance:

The District of Columbia recognizes the last clear chance doctrine, which permits recovery where the defendant had the last clear opportunity to avoid the accident. Wingfield v. People's Drug Store, 379 A.2d 685 (D.C. 1977).

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

V. DAMAGES

A. WRONGFUL DEATH DAMAGES UNDER D.C. LAW

Under D.C. Code Section 16-2703, wrongful death damages are pecuniary in nature and are recovered for the benefit of the surviving spouse, children, and next of kin.

IMPORTANT DISTINCTION:

Unlike survival action damages, wrongful death damages in the District of Columbia do NOT include:
- Grief or mental anguish
- Loss of society (for non-spouse beneficiaries)
- Punitive damages (generally)

Recoverable Wrongful Death Damages Include:

1. Loss of Financial Support - The pecuniary value of support decedent would have provided
2. Loss of Services - The pecuniary value of household and parenting services
3. Loss of Companionship - For surviving spouse only
4. Funeral and Burial Expenses - Reasonable costs

See Lewis v. United States, 455 A.2d 896 (D.C. 1983).

B. ECONOMIC DAMAGES

1. Loss of Financial Support:

[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. Funeral and Burial Expenses:

C. LOSS OF COMPANIONSHIP (Surviving Spouse)

Under D.C. law, the surviving spouse may recover for the loss of companionship. Sea-Land Service, Inc. v. Gaudet, 414 U.S. 573 (1974) (applying federal maritime law in D.C.); Jackson v. D.C., 412 A.2d 948 (D.C. 1980).

[Spouse Name] was married to [Decedent Name] for [Years] years. The loss of companionship includes:
- Loss of consortium
- Loss of affection and comfort
- Loss of shared life experiences

Claimed Loss of Companionship: $[Amount]

D. SURVIVAL ACTION DAMAGES

Under D.C. Code Section 12-101, the following pre-death damages are claimed through the survival action:

1. Pre-Death Pain and Suffering:

[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]

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

2. Pre-Death Medical Expenses:

3. Pre-Death Lost Wages:

E. Summary of Damages

Wrongful Death Damages (Pecuniary):

Survival Action Damages:

TOTAL ALL DAMAGES: $[Grand Total]

VI. SETTLEMENT DEMAND

A. Demand Amount

Based upon the clear liability of [Defendant], the substantial pecuniary losses, and the significant survival action 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 D.C. law, wrongful death recovery is distributed according to the D.C. intestacy statutes:

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 the District of Columbia.

VII. BAD FAITH / EXCESS LIABILITY NOTICE

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

1. An insurer owes a duty of good faith to its insured. Fireman's Fund Ins. Co. v. Rairigh, 475 A.2d 509 (D.C. 1984).

2. Failure to accept a reasonable settlement demand within policy limits may expose the insurer to liability for the full judgment.

3. We demand that you immediately advise your insured of this demand and of any potential excess exposure.

VIII. DOCUMENTATION ENCLOSED

• Death certificate
• Letters of Administration / Letters Testamentary
• 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 the law of the District of Columbia, [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 financial contribution.

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 the District of Columbia.

Please contact me at your earliest convenience to discuss resolution.

Respectfully submitted,

[FIRM NAME]

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

ENCLOSURES: [List]

cc: [Personal Representative]
[File]

DISTRICT OF COLUMBIA-SPECIFIC PRACTICE NOTES

Critical D.C. Wrongful Death Considerations:

1. CONTRIBUTORY NEGLIGENCE: The District of Columbia follows pure contributory negligence. ANY fault by the decedent bars recovery entirely. This is a critical defense issue.

2. LAST CLEAR CHANCE: The last clear chance doctrine may permit recovery even with some contributory negligence if defendant had the final opportunity to avoid the harm.

3. PECUNIARY DAMAGES ONLY: Wrongful death damages in D.C. are limited to pecuniary losses. Grief, mental anguish, and emotional distress are NOT recoverable in the wrongful death action (but pre-death pain and suffering IS recoverable in survival action).

4. PERSONAL REPRESENTATIVE REQUIRED: Only the personal representative may bring the wrongful death action. Ensure probate is opened promptly.

5. SURVIVAL ACTION ESSENTIAL: To recover for pre-death pain and suffering, a survival action must be filed. This is separate from the wrongful death claim.

6. NO PUNITIVE DAMAGES: Punitive damages are generally not recoverable in D.C. wrongful death actions.

7. GOVERNMENTAL LIABILITY: Claims against the District of Columbia government are subject to D.C. Code Section 12-309 (180-day notice requirement) and other limitations.

8. FEDERAL ENCLAVE: Some areas in D.C. are federal enclaves where federal law may apply.

D.C. Venue and Procedure:

• Venue: Superior Court of the District of Columbia, Civil Division
• Service: D.C. Superior Court Rules of Civil Procedure, Rule 4
• Notice to D.C. Government: D.C. Code Section 12-309 requires written notice within 180 days for claims against the District

Key Case Law:

• Chandler v. District of Columbia, 404 A.2d 964 (D.C. 1979) - Elements of wrongful death
• Lewis v. United States, 455 A.2d 896 (D.C. 1983) - Measure of damages
• Washington Metro. Area Transit Auth. v. Moore, 376 A.2d 816 (D.C. 1977) - Contributory negligence

District of Columbia wrongful death law requires careful attention to the contributory negligence rule and pecuniary damage limitation. This template must be customized by a licensed D.C. attorney.