DEMAND FOR SETTLEMENT - WRONGFUL DEATH

STATE OF HAWAII

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

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 / Personal Representative]
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. HAWAII WRONGFUL DEATH STATUTORY FRAMEWORK

A. Wrongful Death Statute

This wrongful death claim is brought pursuant to Haw. Rev. Stat. Section 663-3 (Hawaii Wrongful Death Statute).

The statute provides:

"When the death of a person is caused by the wrongful act, neglect, or default of any person... the personal representative of the former may maintain an action against the person or corporation whose wrongful act, neglect, or default caused the death of such person..."

B. Who May Bring the Action

Under Haw. Rev. Stat. Section 663-3, the wrongful death action must be brought by the personal representative of the decedent's estate for the benefit of:

Statutory Beneficiaries (in order of priority):

1. Surviving spouse and children (including legally adopted children and children born out of wedlock if acknowledged by father)

2. If no surviving spouse or children: Parents of the decedent

3. If no spouse, children, or parents: Other persons (siblings and other dependents) as determined by the court

Claimants in this Matter:

Personal Representative:
☐ [Name], Personal Representative of the Estate of [Decedent Name]
- Appointed: [Date] by [Court Name], Circuit Court, Case No. [Number]

Statutory Beneficiaries:

☐ Surviving Spouse: [Spouse Name]
- Relationship: [Husband/Wife] of Decedent
- Married: [Date of Marriage]
- Duration of Marriage: [Years]

☐ Surviving Children:
- [Child 1 Name], age [Age], [minor/adult]
- [Child 2 Name], age [Age], [minor/adult]
- [Additional children]

☐ Surviving Parents (if no spouse or children):
- [Parent 1 Name]
- [Parent 2 Name]

C. Statute of Limitations

Under Haw. Rev. Stat. Section 657-7, the statute of limitations for wrongful death actions in Hawaii 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].

Discovery Rule: Hawaii may toll the statute of limitations in cases where the cause of death was not immediately discoverable. Buck v. Miles, 89 Haw. 244 (1999).

D. Survival Action

Hawaii recognizes a survival action under Haw. Rev. Stat. Section 560:3-109 for damages that accrued to the decedent before death. This includes:

• Pain and suffering experienced between injury and death
• Medical expenses incurred before death
• Lost wages before death

The survival action is brought by the personal representative and the recovery becomes part of the decedent's estate.

Personal Representative:
[Name], Personal Representative of the Estate of [Decedent Name]
Appointed: [Date] by [Circuit 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]

Hawaii courts recognize spoliation sanctions. Destruction of evidence may result in adverse inferences, discovery sanctions, and potential independent claims.

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], Hawaii
- 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, cultural connections, and contributions to the ohana (family) and community.]

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 Hawaii law, negligence requires proof of: (1) duty; (2) breach; (3) causation; and (4) damages. Knodle v. Waikiki Gateway Hotel, Inc., 69 Haw. 376 (1987).

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 cause-in-fact and legal cause of [Decedent's] death.

Damages: [Decedent's] death has caused substantial damages as detailed herein.

B. Comparative Fault Analysis

Hawaii follows a modified comparative negligence system under Haw. Rev. Stat. Section 663-31:

• A plaintiff's recovery is reduced by their percentage of fault
• Recovery is barred if the plaintiff is 51% or more at fault

[Decedent Name] bore no fault for [his/her] own death. [He/She] was [describe lawful, careful conduct].

C. Joint and Several Liability

Under Haw. Rev. Stat. Section 663-10.9, Hawaii has abolished joint and several liability for most cases. Each defendant is liable only for their proportionate share of fault, with limited exceptions for:
- Intentional torts
- Actions against the State
- Certain environmental claims

V. DAMAGES

A. Survival Action Damages (Estate Claim)

The survival action 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:

3. Pre-Death Lost Earnings:

Lost wages from date of injury to date of death: $[Amount]

B. Wrongful Death Damages

Under Haw. Rev. Stat. Section 663-3, recoverable wrongful death damages in Hawaii include:

1. Pecuniary Loss:

2. Loss of Services and Protection:

[Decedent Name] provided valuable services to the family:
- [Describe services - childcare, household maintenance, etc.]
- Annual value of services: $[Amount]
- Present value of future lost services: $[Amount]

3. Loss of Companionship and Society:

Hawaii permits recovery for loss of consortium and companionship by surviving family members.

Surviving Spouse - [Spouse Name]:

[Describe the marital relationship, years together, closeness of bond]

Surviving Children:

[Child 1 Name], Age [Age]:

[Describe the parent-child relationship]

[Repeat for each child]

4. Funeral and Burial Expenses:

C. Punitive Damages

Under Hawaii law, punitive damages may be awarded when a defendant's conduct is characterized by:
- Wanton or reckless disregard for the rights of others
- Willful misconduct
- Malice

Masaki v. Gen. Motors Corp., 71 Haw. 1 (1989).

Hawaii Punitive Damage Limitations:
Under case law, punitive damages should generally not exceed three times compensatory damages unless the conduct is particularly egregious. Kang v. Harrington, 59 Haw. 652 (1978).

[If applicable:] [Defendant's] conduct demonstrates [describe basis for punitive damages].

D. 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 |
|----------|--------|
| Loss of Financial Support | $[Amount] |
| Loss of Services | $[Amount] |
| Spouse's Loss of Consortium | $[Amount] |
| Children's Damages | $[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 substantial losses suffered by the surviving family members, and the damages recoverable under Hawaii law, 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. Allocation Among Beneficiaries

Settlement proceeds will be allocated among beneficiaries subject to Circuit Court approval:

Allocation among minor beneficiaries will require court approval and establishment of appropriate guardianship or custodial accounts.

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 Hawaii law:

1. Insurers owe a duty of good faith and fair dealing to their insureds. Best Place, Inc. v. Penn Am. Ins. Co., 82 Haw. 120 (1996).

2. Failure to accept a reasonable settlement demand within policy limits may expose your company to liability for the full amount of any excess judgment.

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

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
☐ 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] ohana in the prime of [his/her] life, leaving a spouse and [number] children without [his/her] love, support, guidance, and companionship.

The liability in this case is clear. The damages are substantial and well-documented. 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 of the [First/Second/Third/Fifth] Circuit, State of Hawaii, and prosecute this case vigorously through trial.

Please contact me at your earliest convenience to discuss resolution.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Hawaii Bar No. [Number]
Attorney for [Claimant Name(s)] / Estate of [Decedent Name]

ENCLOSURES: [List]

cc: [Claimant(s)]
[Personal Representative]
[Guardian ad Litem, if applicable]
File

HAWAII-SPECIFIC PRACTICE NOTES

☐ Personal Representative Requirement: Action must be brought by personal representative, not individual beneficiaries directly.

☐ Modified Comparative Negligence: 51% bar - plaintiff recovers nothing if 51% or more at fault.

☐ No Joint and Several Liability: Each defendant pays only their proportionate share (with limited exceptions).

☐ Loss of Consortium: Available to surviving spouse and potentially children.

☐ Punitive Damages: Available for wanton/reckless conduct; generally limited to three times compensatory damages.

☐ No Damage Caps: Hawaii has no statutory caps on wrongful death damages.

☐ Government Claims: If State or County involved, must file claim under Haw. Rev. Stat. Section 662-4 within 2 years.

☐ Survival Action: Separate action for decedent's pre-death damages; proceeds go to estate.

☐ Venue: Circuit Court of circuit where cause of action arose or where defendant resides.

☐ Cultural Considerations: Hawaii juries may be particularly receptive to evidence of family (ohana) bonds and community connections.

This template must be customized for each specific case. Hawaii wrongful death law requires careful attention to procedural requirements and the comparative fault framework. Always verify current law before use.