DEMAND FOR SETTLEMENT - WRONGFUL DEATH

STATE OF FLORIDA

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

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]
Statutory Survivors: [Names]
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, and the statutory survivors, 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. FLORIDA WRONGFUL DEATH STATUTORY FRAMEWORK

A. Florida Wrongful Death Act - Fla. Stat. Section 768.16 et seq.

This wrongful death claim is brought pursuant to the Florida Wrongful Death Act, Florida Statutes Section 768.16 through 768.26, which provides a comprehensive statutory scheme for recovery when death results from another's wrongful act, negligence, default, or breach of contract or warranty.

See Martin v. United Sec. Servs., Inc., 314 So.2d 765 (Fla. 1975); Toombs v. Alamo Rent-A-Car, Inc., 833 So.2d 109 (Fla. 2002).

B. Who May Bring the Action and Who May Recover

Under Fla. Stat. Section 768.20, the action must be brought by the personal representative of the decedent's estate for the benefit of:

Survivors (Fla. Stat. Section 768.18(1)):

Estate Recovery (Fla. Stat. Section 768.21(6)):
- Lost net accumulations (earnings less personal consumption)
- Medical and funeral expenses

Personal Representative:
[Personal Representative Name]
Appointed: [Date] by the [Circuit Court for [County] County, Florida, Probate Division]
Probate File No.: [File Number]
Letters of Administration Issued: [Date]

C. Statute of Limitations

Under Fla. Stat. Section 95.11(4)(d), 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. No Separate Survival Action in Florida

IMPORTANT: Unlike many states, Florida does not have a separate survival action. Under Fla. Stat. Section 768.20, the wrongful death act is the exclusive remedy. Pre-death pain and suffering is NOT recoverable in Florida (except medical malpractice cases under certain circumstances).

See Martin v. United Sec. Servs., Inc., 314 So.2d 765 (Fla. 1975).

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 Florida law. Golden Yachts, Inc. v. Hall, 920 So.2d 777 (Fla. 4th DCA 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], Florida
- Occupation: [Occupation/Employer]
- Annual Income: $[Amount]
- Education: [Education level]

Family (Statutory Survivors):
- Spouse: [Name], married [years]
- Minor Children (under 25): [Names and ages]
- Adult Children (25+): [Names and ages]
- Parents: [Names, if surviving]

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].

IV. LIABILITY ANALYSIS

A. Negligence / Liability of Defendant

[Defendant Name] is liable for the wrongful death of [Decedent Name]. Under Florida law, a wrongful death claim requires proof that the defendant's wrongful act, negligence, default, or breach caused the death. Toombs v. Alamo Rent-A-Car, Inc., 833 So.2d 109 (Fla. 2002).

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. Damages: [Decedent Name]'s death resulted in damages to the estate and survivors

B. Negligence Per Se (If Applicable)

[Defendant] violated [Florida statute or regulation], which was designed to protect [class of persons] from [type of harm]. Under Florida law, violation of a statute designed to protect a class of persons may constitute negligence per se. deJesus v. Seaboard Coast Line R.R. Co., 281 So.2d 198 (Fla. 1973).

C. Florida's Pure Comparative Fault Rule

Florida follows pure comparative fault under Fla. Stat. Section 768.81. The plaintiff's damages are reduced by the percentage of fault attributable to the plaintiff, but recovery is not barred regardless of the plaintiff's percentage of fault.

Note: Florida modified its comparative fault system effective March 24, 2023. Cases arising before that date follow pure comparative negligence; cases arising after may be subject to modified comparative negligence (50% bar in negligence actions).

[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]

V. DAMAGES

A. FLORIDA WRONGFUL DEATH DAMAGES BY CLAIMANT

Florida's Wrongful Death Act carefully delineates which damages each class of survivor may recover:

Fla. Stat. Section 768.21 - Summary:

B. ESTATE DAMAGES (Fla. Stat. Section 768.21(6))

1. Lost Net Accumulations:

Florida is unique in measuring estate damages by "net accumulations" - what the decedent would have saved from earnings after personal expenses.

Based on expert economic analysis

2. Medical Expenses (Pre-Death):

3. Funeral and Burial Expenses:

C. SURVIVING SPOUSE DAMAGES (Fla. Stat. Section 768.21(2), (3))

1. Loss of Consortium and Companionship:

[Spouse Name] and [Decedent Name] were married for [Years] years. The surviving spouse has suffered:
- Loss of marital consortium
- Loss of companionship and society
- Loss of comfort, affection, and solace
- Loss of protection

Claimed Amount: $[Amount]

2. Mental Pain and Suffering:

[Spouse Name] has experienced profound mental pain and suffering, including:
- [Describe grief, anguish, bereavement]
- [Impact on daily life]
- [Counseling/therapy needed]

Claimed Amount: $[Amount]

3. Loss of Support and Services:

D. MINOR CHILDREN DAMAGES (Fla. Stat. Section 768.21(3))

[Child Name], Age [Age]:

[Repeat for each minor child]

TOTAL MINOR CHILDREN DAMAGES: $[Amount]

E. Summary of Damages

Estate Damages:

Survivor 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 survivor 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]
• UM/UIM coverage (if applicable): $[Amount]
• Any additional coverage: $[Amount]
• TOTAL LIMITS DEMANDED: $[Amount]

B. Apportionment of Settlement

Under Florida law, settlement proceeds are apportioned among the estate and survivors. We propose the following apportionment:

Subject to court approval if minors are involved.

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 Circuit Court for [County] County, Florida.

VII. BAD FAITH / EXCESS LIABILITY NOTICE

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

1. An insurer has a duty to act fairly and in good faith toward its insured. Boston Old Colony Ins. Co. v. Gutierrez, 386 So.2d 783 (Fla. 1980).

2. Florida recognizes a common law bad faith cause of action. Berges v. Infinity Ins. Co., 896 So.2d 665 (Fla. 2004).

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

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

VIII. PRE-SUIT NOTICE (MEDICAL MALPRACTICE CASES)

[If applicable - Medical Malpractice Only:]

NOTICE: This letter also serves as the pre-suit notice required by Florida Statute Section 766.106. The prospective defendant is required to conduct an investigation and respond within 90 days.

[Include all Fla. Stat. Section 766.203 requirements if medical malpractice]

IX. DOCUMENTATION ENCLOSED

• Death certificate
• 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
• Marriage certificate
• Birth certificates of minor children
• [Other case-specific documentation]

X. CONCLUSION

The wrongful death of [Decedent Name] was caused entirely by [Defendant's] [negligence / wrongful conduct]. Under Florida's Wrongful Death Act, the estate and survivors are entitled to full and fair compensation 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, guidance, 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 Circuit Court for [County] County, Florida.

Please contact me at your earliest convenience to discuss resolution.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Florida Bar No. [Number]
Attorney for the Estate of [Decedent Name] and Statutory Survivors

ENCLOSURES: [List]

cc: [Personal Representative]
[Statutory Survivors]
[File]

FLORIDA-SPECIFIC PRACTICE NOTES

Critical Florida Wrongful Death Considerations:

1. PERSONAL REPRESENTATIVE REQUIRED: Only the personal representative may bring the wrongful death action in Florida. Individual survivors cannot sue directly.

2. NO SURVIVAL ACTION: Florida does not have a separate survival action. Pre-death pain and suffering is generally NOT recoverable (exception for certain medical malpractice cases).

3. SURVIVOR CLASS HIERARCHY: Adult children can only recover mental pain and suffering if there is NO surviving spouse or minor children. Parents can only recover if there are no children of any age.

4. NET ACCUMULATIONS: Estate damages are measured by "net accumulations" (earnings minus personal consumption), not gross earnings.

5. MINOR CHILD = UNDER 25: Florida defines "minor child" as under 25 for wrongful death purposes.

6. COMPARATIVE FAULT: Florida follows pure comparative fault (but see March 2023 legislative changes for cases arising after that date).

7. PUNITIVE DAMAGES: Available in cases of intentional misconduct or gross negligence, but subject to caps under Fla. Stat. Section 768.73.

8. MEDICAL MALPRACTICE: Special pre-suit requirements under Fla. Stat. Section 766.106, including 90-day pre-suit notice and investigation period.

Florida Venue and Procedure:

• Venue: County where defendant resides, where cause of action accrued, or where property in litigation is located. Fla. Stat. Section 47.011.
• Service: Florida Rules of Civil Procedure 1.070.
• Pre-Suit in Medical Malpractice: 90-day investigation period required. Fla. Stat. Section 766.106.

Key Case Law:

• Martin v. United Sec. Servs., Inc., 314 So.2d 765 (Fla. 1975) - Exclusive nature of Wrongful Death Act
• Toombs v. Alamo Rent-A-Car, Inc., 833 So.2d 109 (Fla. 2002) - Elements of wrongful death
• Boston Old Colony Ins. Co. v. Gutierrez, 386 So.2d 783 (Fla. 1980) - Insurer bad faith

Florida wrongful death law has unique features including net accumulations damages and survivor class hierarchy. This template must be customized by a licensed Florida attorney.