DEMAND FOR SETTLEMENT - WRONGFUL DEATH

STATE OF DELAWARE

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

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 Claimants]
Claim Number: [If assigned]
Policy Number: [If known]

Dear [Recipient Name]:

This firm represents [Claimant Name(s)], 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. DELAWARE WRONGFUL DEATH STATUTORY FRAMEWORK

A. Wrongful Death Statute - 10 Del. C. Section 3724

This wrongful death claim is brought pursuant to 10 Delaware Code Section 3724, which provides:

"Whenever death shall be occasioned by unlawful violence or negligence, and no suit for damages be brought by the party injured during his or her life, the widow or widower of the deceased, or, if there be no widow or widower, the personal representative, may maintain an action for the same..."

See Sturgis v. Delaware & A. Tel. & Tel. Co., 12 Del. 444, 8 A. 530 (1886); Schuller v. Progressive Cas. Ins. Co., 207 A.3d 143 (Del. 2019).

B. Who May Bring the Action

Under 10 Del. C. Section 3724, the following persons may bring a wrongful death action:

1. Surviving Spouse - If there is a surviving widow or widower
2. Personal Representative - If no surviving spouse, the personal representative brings the action on behalf of:
   - Children of the decedent
   - Parents of the decedent
   - Other persons who were dependent on the decedent

Claimants in This Case:

C. Statute of Limitations

Under 10 Del. C. Section 8107, actions for personal injuries (including wrongful death) 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 - 10 Del. C. Section 3701

In addition to the wrongful death action, a survival claim is brought pursuant to 10 Del. C. Section 3701, which provides that all causes of action survive the death of the plaintiff. 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 Smith v. Axler, 435 A.2d 738 (Del. Super. 1981).

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 Delaware law. Sears, Roebuck & Co. v. Midcap, 893 A.2d 542 (Del. 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], Delaware
- 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 Delaware law, a wrongful death action lies when death is occasioned by unlawful violence or negligence. Benge v. Davis, 553 A.2d 1180 (Del. 1989).

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 [Delaware statute or regulation], which was designed to protect [class of persons] from [type of harm]. Under Delaware law, violation of a statute enacted to protect a class of persons constitutes negligence per se. Wagner v. Whitmer Builders, Inc., 1997 WL 528275 (Del. Super. Aug. 6, 1997).

C. Delaware's Modified Comparative Fault Rule

Delaware follows modified comparative fault under 10 Del. C. Section 8132. The plaintiff's damages are reduced by the percentage of negligence attributable to the plaintiff, and recovery is barred if the plaintiff's negligence is greater than the defendant's negligence.

[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 DELAWARE LAW

Under 10 Del. C. Section 3724, wrongful death damages in Delaware include both economic and non-economic damages.

Recoverable Damages Include:

1. Economic Damages:
   - Loss of future earnings and financial support
   - Loss of services
   - Medical expenses incurred prior to death
   - Funeral and burial expenses

2. Non-Economic Damages:
   - Grief and mental anguish of beneficiaries
   - Loss of companionship and society
   - Loss of marital relationship

3. Punitive Damages (in appropriate cases)

See Schuller v. Progressive Cas. Ins. Co., 207 A.3d 143 (Del. 2019).

B. ECONOMIC DAMAGES

1. Loss of Earnings and 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. Pre-Death Medical Expenses (Survival Action):

4. Funeral and Burial Expenses:

C. NON-ECONOMIC DAMAGES

1. Pre-Death Pain and Suffering (Survival Action):

[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. Grief and Mental Anguish:

Delaware law recognizes recovery for the grief and mental anguish suffered by statutory beneficiaries. See Allen v. Bates, 1999 WL 172947 (Del. Super. Mar. 10, 1999).

Claimed Grief and Mental Anguish: $[Amount]

3. Loss of Companionship and Society:

Claimed Loss of Companionship: $[Amount]

D. Summary of Damages

Wrongful Death Damages:

Survival Action Damages:

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 Delaware law, wrongful death recovery is distributed among the statutory beneficiaries:

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 State of Delaware.

VII. BAD FAITH / EXCESS LIABILITY NOTICE

Please be advised that our clients' damages may substantially exceed the available policy limits. Under Delaware law:

1. An insurer has a duty to act in good faith in evaluating and responding to settlement demands. Pierce v. Int'l Ins. Co. of Ill., 671 A.2d 1361 (Del. 1996).

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

3. 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 Superior Court of Delaware.

Please contact me at your earliest convenience to discuss resolution.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Delaware Bar ID No. [Number]
Attorney for [Claimant Names]

ENCLOSURES: [List]

cc: [Claimants]
[File]

DELAWARE-SPECIFIC PRACTICE NOTES

Critical Delaware Wrongful Death Considerations:

1. STANDING HIERARCHY: The surviving spouse has priority to bring the action. If no surviving spouse, the personal representative brings the action on behalf of statutory beneficiaries.

2. DEPENDENCY REQUIREMENT: Under 10 Del. C. Section 3724, persons other than spouse, children, and parents must demonstrate they were dependent on the decedent.

3. GRIEF AND MENTAL ANGUISH: Delaware explicitly permits recovery for grief and mental anguish of beneficiaries, distinguishing it from many other jurisdictions.

4. MODIFIED COMPARATIVE FAULT: Delaware bars recovery if the plaintiff's negligence exceeds the defendant's. 10 Del. C. Section 8132.

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

6. PUNITIVE DAMAGES: Punitive damages may be available in cases involving gross negligence or willful misconduct.

7. COLLATERAL SOURCE RULE: Delaware follows the collateral source rule - benefits received from independent sources do not reduce damages.

8. MEDICAL MALPRACTICE: Special procedures under 18 Del. C. Section 6801 et seq., including Affidavit of Merit requirement.

Delaware Venue and Procedure:

• Venue: Superior Court where defendant resides, where cause of action arose, or where defendant conducts business. 10 Del. C. Section 541.
• Service: Delaware Superior Court Civil Rules, Rule 4.
• Affidavit of Merit: Required in medical malpractice cases. 18 Del. C. Section 6853.

Key Case Law:

• Schuller v. Progressive Cas. Ins. Co., 207 A.3d 143 (Del. 2019) - Scope of wrongful death damages
• Benge v. Davis, 553 A.2d 1180 (Del. 1989) - Elements of wrongful death
• Pierce v. Int'l Ins. Co. of Ill., 671 A.2d 1361 (Del. 1996) - Insurer bad faith

Delaware wrongful death law provides comprehensive recovery including grief and mental anguish. This template must be customized by a licensed Delaware attorney.