DEMAND FOR SETTLEMENT - WRONGFUL DEATH
STATE OF GEORGIA
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Georgia ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Georgia
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 Statutory Beneficiaries]
Claim Number: [If assigned]
Policy Number: [If known]
Dear [Recipient Name]:
This firm represents [Claimant Name(s)] in connection with 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 all wrongful death and survival claims arising from this tragedy.
I. GEORGIA WRONGFUL DEATH STATUTORY FRAMEWORK
A. Wrongful Death Statute
This wrongful death claim is brought pursuant to O.C.G.A. Section 51-4-1 et seq. (Georgia Wrongful Death Act).
Under Georgia law, wrongful death claims are based on the principle that the full value of the life of the decedent is the measure of damages. O.C.G.A. Section 51-4-1 provides:
"A homicide may be justified or not, depending upon the circumstances. If not justified, it shall be either murder or manslaughter. In both cases, the person who commits the homicide and, if done for a corporation acting within the scope of employment, both the person who commits the homicide and the corporation shall be liable in damages to the surviving spouse or, if there is no surviving spouse, to the surviving child or children, or if there is no surviving spouse or child, to the surviving parent or parents."
B. Who May Bring the Action
Georgia has a unique hierarchical system for wrongful death claims under O.C.G.A. Section 51-4-2:
Tier 1 - Surviving Spouse (Primary Right):
- The surviving spouse has the exclusive right to bring the wrongful death action
- The spouse recovers for themselves and holds the children's share in trust
Tier 2 - If No Surviving Spouse:
- Surviving children may bring the action
- Recovery is divided equally among children
Tier 3 - If No Surviving Spouse or Children:
- Surviving parent(s) may bring the action
Tier 4 - If No Spouse, Children, or Parents:
- The personal representative of the estate may bring the action
Claimants in this Matter:
☐ Surviving Spouse: [Spouse Name]
- Relationship: [Husband/Wife] of Decedent
- Married: [Date of Marriage]
- Duration of Marriage: [Years]
- Brings action for self and as trustee for:
- [Child 1 Name], age [Age]
- [Child 2 Name], age [Age]
☐ Surviving Children (if no spouse):
- [Child 1 Name], age [Age]
- [Child 2 Name], age [Age]
☐ Surviving Parents (if no spouse or children):
- [Parent 1 Name]
- [Parent 2 Name]
C. Statute of Limitations
Under O.C.G.A. Section 9-3-33, the statute of limitations for wrongful death actions in Georgia is two (2) years from the date of death. The decedent died on [Date of Death], and therefore the limitations period expires on [Expiration Date].
D. Survival Action
Separate from the wrongful death action, Georgia recognizes a survival action under O.C.G.A. Section 9-2-41 for damages suffered by the decedent between the time of injury and death. This action:
- Is brought by the personal representative of the estate
- Recovers damages the decedent could have recovered had they survived
- Includes pre-death pain and suffering, medical expenses, and lost earnings
- Has a separate statute of limitations (the limitations period that would have applied to the decedent's claim)
Personal Representative:
[Name], Personal Representative of the Estate of [Decedent Name]
Appointed: [Date] by [Court Name], Probate Court, Case No. [Number]
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]
Georgia recognizes both intentional and negligent spoliation of evidence. Bridgestone/Firestone N. Am. Tire, LLC v. Campbell, 258 Ga. App. 767 (2002). Destruction of evidence may result in sanctions, adverse inferences, and independent tort liability.
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], Georgia
- Occupation: [Occupation/Employer]
- Annual Income: $[Amount]
- Education: [Education level]
Family:
- Spouse: [Name], married [years]
- Children: [Names and ages]
- [Other relevant family information]
Character and Life Contributions:
[Describe the decedent as a person - their role in the family, community involvement, personal qualities, achievements. This is critical for the "full value of life" calculation under Georgia law.]
B. The Incident Causing Death
On [Date], at approximately [Time], [describe the incident that caused the death in detail, establishing the defendant's negligence].
[Detailed description of the incident and its immediate aftermath]
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] impending death
- Suffered extreme physical pain from [injuries]
- Experienced conscious pain and suffering
- [Describe other suffering during survival period]
IV. LIABILITY ANALYSIS
A. Negligence of Defendant
Under Georgia law, to establish negligence we must prove: (1) a legal duty; (2) breach of that duty; (3) a causal connection between the breach and injury; and (4) damages. Bradley Ctr., Inc. v. Wessner, 250 Ga. 199, 296 S.E.2d 693 (1982).
Duty: [Defendant Name] owed a duty of [reasonable care] to [Decedent Name].
Breach: [Defendant Name] breached this duty by:
- [Specific negligent act or omission 1]
- [Specific negligent act or omission 2]
- [Additional breaches]
Causation: [Defendant's] breach was both the actual and proximate cause of [Decedent's] death.
Damages: [Decedent's] death has caused substantial damages as detailed herein.
B. Comparative Fault - Not Applicable
Georgia follows a modified comparative negligence rule under O.C.G.A. Section 51-12-33. A plaintiff's recovery is reduced by their percentage of fault, but recovery is barred if the plaintiff is 50% or more at fault.
[Decedent Name] bore no fault for [his/her] own death. [He/She] was [describe lawful, careful conduct].
V. DAMAGES
A. Georgia's "Full Value of Life" Standard
Georgia is unique in measuring wrongful death damages. Under O.C.G.A. Section 51-4-1, damages are measured by the "full value of the life of the decedent" as shown by the evidence, without any reduction for necessary or personal expenses.
The Georgia Supreme Court has explained: "The full value of the life of the decedent, as shown by the evidence, is the true measure of damages." Westinghouse Elec. Corp. v. Williams, 128 Ga. App. 839 (1973).
This includes both economic and intangible elements of human life.
B. Survival Action Damages (Estate Claim)
The survival action under O.C.G.A. Section 9-2-41 recovers damages suffered by [Decedent Name] between injury and death:
1. Conscious Pain and Suffering:
[Decedent Name] survived for [time period] following the injury. During this time, [he/she] experienced:
- Extreme physical pain from [injuries]
- Terror and awareness of impending death
- [Describe specific suffering]
Claimed Amount: $[Amount]
2. Pre-Death Medical Expenses:
| Provider | Service | Amount |
|---|---|---|
| [Ambulance] | Transport | $[Amount] |
| [Hospital] | Emergency/ICU Care | $[Amount] |
| [Other] | [Service] | $[Amount] |
| TOTAL PRE-DEATH MEDICAL | $[Total] |
3. Pre-Death Lost Earnings:
Lost wages from date of injury to date of death: $[Amount]
C. Wrongful Death Damages (Full Value of Life)
1. Economic Value of Life:
| Factor | Value |
|---|---|
| Decedent's Annual Income | $[Amount] |
| Decedent's Age at Death | [Age] |
| Decedent's Work-Life Expectancy | [Years] |
| Lost Future Earnings (Gross, No Deduction) | $[Amount] |
| Lost Benefits and Retirement | $[Amount] |
| TOTAL ECONOMIC VALUE | $[Amount] |
Note: Under Georgia law, there is no reduction for the decedent's personal consumption or living expenses.
2. Loss of Services:
[Decedent Name] provided valuable household services and contributions:
- [Describe services - childcare, household maintenance, etc.]
- Estimated annual value: $[Amount]
- Present value of future lost services: $[Amount]
3. Intangible Value of Life:
Under the "full value of life" standard, Georgia permits recovery for the intangible value of human life including:
Surviving Spouse - [Spouse Name]:
- Loss of companionship and consortium
- Loss of care, advice, and counsel
- Loss of protection
- Mental pain and suffering
Surviving Children - [Child Names]:
- Loss of parental guidance and training
- Loss of care and protection
- Loss of companionship
- Mental pain and suffering
Intangible Damages Claimed: $[Amount]
4. Funeral and Burial Expenses:
| Expense | Amount |
|---|---|
| Funeral Home Services | $[Amount] |
| Casket/Urn | $[Amount] |
| Cemetery/Burial Plot | $[Amount] |
| Headstone/Memorial | $[Amount] |
| Memorial Service | $[Amount] |
| TOTAL FUNERAL EXPENSES | $[Total] |
D. Punitive Damages
O.C.G.A. Section 51-12-5.1 provides for punitive damages in Georgia. Such damages are available when the defendant's conduct shows:
- Willful misconduct
- Malice
- Fraud
- Wantonness
- Oppression
- Entire want of care suggesting conscious indifference to consequences
[Defendant's] conduct demonstrates [describe basis for punitive damages]:
[If applicable, describe egregious conduct warranting punitive damages]
Georgia Punitive Damage Cap:
Under O.C.G.A. Section 51-12-5.1(g), punitive damages are generally capped at $250,000, UNLESS:
- The defendant acted with specific intent to cause harm
- The defendant was under the influence of drugs or alcohol
- The case involves product liability
We reserve all rights to seek punitive damages at trial.
E. Summary of Damages
Survival Action (Estate Claim):
| Category | Amount |
|----------|--------|
| Conscious Pain and Suffering | $[Amount] |
| Pre-Death Medical Expenses | $[Amount] |
| Pre-Death Lost Earnings | $[Amount] |
| TOTAL SURVIVAL DAMAGES | $[Subtotal] |
Wrongful Death Action:
| Category | Amount |
|----------|--------|
| Economic Value of Life | $[Amount] |
| Loss of Services | $[Amount] |
| Intangible Value of Life | $[Amount] |
| Funeral and Burial Expenses | $[Amount] |
| TOTAL WRONGFUL DEATH DAMAGES | $[Subtotal] |
TOTAL ALL DAMAGES: $[Grand Total]
VI. SETTLEMENT DEMAND
A. Demand Amount
Based upon the clear liability of [Defendant], the "full value of life" measure of damages under Georgia law, and the substantial losses 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 O.C.G.A. Section 51-4-2(d), when a surviving spouse brings the action, the spouse:
- Retains no less than one-third of the recovery
- Holds the remaining amount in trust for surviving children
| Beneficiary | Relationship | Minimum Allocation |
|---|---|---|
| [Spouse Name] | Spouse | Not less than 1/3 |
| [Child 1 Name] | Child | Share of remaining 2/3 |
| [Child 2 Name] | Child | Share of remaining 2/3 |
Any settlement involving minor children will require Superior Court approval.
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 that damages clearly exceed policy limits, failure to tender limits within this period may constitute bad faith, exposing your insured to personal liability for any excess judgment.
VII. BAD FAITH / EXCESS LIABILITY NOTICE
Please be advised that our client's damages substantially exceed the available policy limits of $[Amount]. Under Georgia law:
-
An insurer has a duty to exercise ordinary care in considering settlement offers. S. Gen. Ins. Co. v. Holt, 262 Ga. 267 (1992).
-
Failure to settle within policy limits when liability is clear may expose your company to extracontractual liability.
-
We demand that you immediately advise your insured of the excess exposure and of this demand.
VIII. DOCUMENTATION ENCLOSED
☐ Death certificate
☐ Letters of administration
☐ Medical records and bills (pre-death treatment)
☐ Autopsy report (if applicable)
☐ Funeral and burial expense receipts
☐ Decedent's tax returns (3 years)
☐ Employment records and income verification
☐ Photographs of decedent and family
☐ Marriage certificate
☐ Birth certificates of children
☐ Police/incident report
☐ Witness statements
☐ Expert reports (economics, vocational)
☐ [Other case-specific documentation]
IX. CONCLUSION
The death of [Decedent Name] was a preventable tragedy caused entirely by [Defendant's] negligence. [He/She] was taken from [his/her] family in the prime of [his/her] life, leaving a spouse and [number] children without [his/her] love, support, guidance, and companionship.
Under Georgia's "full value of life" standard, the damages in this case are substantial. 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 [State Court / Superior Court] of [County] County, Georgia, and prosecute this case vigorously through trial.
Please contact me at your earliest convenience to discuss resolution.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
Georgia Bar No. [Number]
Attorney for [Claimant Name(s)]
ENCLOSURES: [List]
cc: [Claimant(s)]
[Personal Representative]
File
GEORGIA-SPECIFIC PRACTICE NOTES
☐ "Full Value of Life" Standard: Georgia measures wrongful death damages by the full value of the decedent's life - both economic and intangible - without reduction for personal expenses.
☐ Hierarchical Beneficiary System: Spouse has exclusive right; then children; then parents; then estate representative.
☐ Spouse as Trustee: Surviving spouse holds children's share in trust but must receive at least one-third.
☐ Two Separate Actions: Wrongful death (beneficiaries' loss) and survival action (decedent's pre-death damages) are distinct.
☐ No Cap on Compensatory Damages: Georgia has no cap on wrongful death compensatory damages.
☐ Punitive Damage Cap: Generally $250,000 with exceptions for intentional harm, DUI, and product liability.
☐ Comparative Negligence: 50% bar - plaintiff recovers nothing if 50% or more at fault.
☐ Ante-Litem Notice: If government entity involved, must file ante-litem notice under O.C.G.A. Section 36-33-5.
☐ Venue: County where defendant resides or where cause of action arose. O.C.G.A. Section 9-10-31.
This template must be customized for each specific case. Georgia wrongful death law has unique features including the "full value of life" standard and hierarchical beneficiary system that require careful attention. Always verify current law before use.