DEMAND FOR SETTLEMENT - WRONGFUL DEATH
STATE OF IOWA
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Iowa ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Iowa
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/Administrator: [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. IOWA WRONGFUL DEATH STATUTORY FRAMEWORK
A. Wrongful Death Statute - Iowa Code Section 611.20
This wrongful death claim is brought pursuant to Iowa Code Section 611.20, which provides:
"When a wrongful act produces death, the damages shall be disposed of as personal property belonging to the estate of the deceased..."
See Jasper v. H. Nizam, Inc., 764 N.W.2d 751 (Iowa 2009); Estate of Pearson v. Interstate Power & Light Co., 700 N.W.2d 333 (Iowa 2005).
B. Who May Bring the Action
Under Iowa Code Section 611.20, the action is brought by the personal representative or administrator of the estate for the benefit of the estate.
Personal Representative:
[Personal Representative Name]
Appointed: [Date] by the [District Court for [County] County, Iowa]
Estate No.: [Probate Case Number]
Letters Testamentary/Administration Issued: [Date]
C. Beneficiaries
Under Iowa law, the damages are disposed of as personal property of the estate but are typically for the benefit of:
| Beneficiary | Relationship | Status |
|---|---|---|
| [Name] | Surviving Spouse | Statutory beneficiary |
| [Name] | Child | Statutory beneficiary |
| [Name] | Parent | Statutory beneficiary |
| [Additional beneficiaries] | [Relationship] | [Status] |
D. Statute of Limitations
Under Iowa Code Section 614.1(2), 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]
E. Survival Action - Iowa Code Section 611.22
In addition to the wrongful death action, a survival claim is brought pursuant to Iowa Code Section 611.22, which provides that causes of action for injury to a person survive the death of either party. 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
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 Iowa law. Meyn v. State, 594 N.W.2d 31 (Iowa 1999).
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], Iowa
- 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 Iowa law, a wrongful death claim lies when the death of a person is produced by a wrongful act. Estate of Pearson v. Interstate Power & Light Co., 700 N.W.2d 333 (Iowa 2005).
Elements of Negligence:
-
Duty: [Defendant] owed a duty of [reasonable care / safe premises / proper medical care / etc.] to [Decedent Name]
-
Breach: [Defendant] breached this duty by:
- [Describe specific breaches with particularity]
- [Additional breaches] -
Causation: [Defendant's] breach was the actual and proximate cause of [Decedent's] death
-
Damages: [Decedent Name]'s death resulted in damages recoverable under Iowa law
B. Negligence Per Se (If Applicable)
[Defendant] violated [Iowa statute or regulation], which was designed to protect [class of persons] from [type of harm]. Under Iowa law, violation of a statute designed to protect a class of persons may constitute negligence per se. Wiersgalla v. Garrett, 486 N.W.2d 290 (Iowa 1992).
C. Iowa's Modified Comparative Fault Rule
Iowa follows modified comparative fault under Iowa Code Section 668.3. The plaintiff's damages are reduced by the percentage of fault attributable to the plaintiff, and recovery is barred if the plaintiff's fault is 50% or greater.
[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]
Any assertion of comparative fault on the part of [Decedent Name] would be frivolous and unsupported by the facts.
V. DAMAGES
A. WRONGFUL DEATH DAMAGES UNDER IOWA LAW
Under Iowa Code Section 611.20, wrongful death damages may include:
- Loss of lifetime earnings less personal maintenance
- Loss of services, support, and contributions
- Medical and funeral expenses
- Mental suffering of close relatives
- Loss of consortium (for surviving spouse)
- Loss of parental guidance (for children)
See Jasper v. H. Nizam, Inc., 764 N.W.2d 751 (Iowa 2009).
B. ECONOMIC DAMAGES
1. Loss of Future Earnings:
[Decedent Name] was [Age] years old at death with a work-life expectancy of [Years] years.
| Category | Calculation | Amount |
|---|---|---|
| Annual Earnings | $[Amount] | |
| Less Personal Maintenance | -$[Amount] | |
| Net Contribution | $[Amount] | |
| Work-Life Expectancy | [Years] years | |
| Present Value of Lost Earnings | $[Amount] |
Based on expert economic analysis
2. Loss of Services:
| Service | Annual Value | Years | Present Value |
|---|---|---|---|
| Household Services | $[Amount] | [Years] | $[Amount] |
| Childcare/Guidance | $[Amount] | [Years] | $[Amount] |
| TOTAL | $[Amount] |
3. Pre-Death Medical Expenses:
| Provider | Service | Amount |
|---|---|---|
| [Ambulance] | Transport | $[Amount] |
| [Hospital] | Emergency/ICU Care | $[Amount] |
| [Other Providers] | [Service] | $[Amount] |
| TOTAL PRE-DEATH MEDICAL | $[Total] |
4. Funeral and Burial Expenses:
| Expense | Amount |
|---|---|
| Funeral Home Services | $[Amount] |
| Casket/Urn | $[Amount] |
| Cemetery/Burial Plot | $[Amount] |
| Headstone/Memorial | $[Amount] |
| Other Expenses | $[Amount] |
| TOTAL FUNERAL EXPENSES | $[Total] |
C. NON-ECONOMIC DAMAGES
1. Mental Suffering of Close Relatives:
Iowa recognizes recovery for the mental suffering of close relatives, including the surviving spouse, children, and parents. Jasper v. H. Nizam, Inc., 764 N.W.2d 751 (Iowa 2009).
| Family Member | Relationship | Mental Suffering |
|---|---|---|
| [Spouse Name] | Surviving Spouse | [Describe grief, anguish, bereavement] |
| [Child Name] | Child | [Describe emotional impact] |
| [Parent Name] | Parent | [Describe emotional impact] |
Claimed Mental Suffering: $[Amount]
2. Loss of Consortium (Surviving Spouse):
[Spouse Name] has lost the consortium of [his/her] spouse, including:
- Loss of companionship
- Loss of love and affection
- Loss of comfort and society
- Loss of sexual relationship
- Loss of emotional support
Claimed Loss of Consortium: $[Amount]
3. Loss of Parental Guidance (Children):
| Child | Age | Loss Description |
|---|---|---|
| [Name] | [Age] | [Describe loss of parental guidance, training, nurturing] |
| [Name] | [Age] | [Describe loss] |
Claimed Loss of Parental Guidance: $[Amount]
4. 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]
Claimed Pre-Death Pain and Suffering: $[Amount]
D. Summary of Damages
Wrongful Death Damages:
| Category | Amount |
|---|---|
| Loss of Future Earnings | $[Amount] |
| Loss of Services | $[Amount] |
| Medical Expenses | $[Amount] |
| Funeral Expenses | $[Amount] |
| Mental Suffering of Relatives | $[Amount] |
| Loss of Consortium | $[Amount] |
| Loss of Parental Guidance | $[Amount] |
| TOTAL WRONGFUL DEATH DAMAGES | $[Subtotal] |
Survival Action Damages:
| Category | Amount |
|---|---|
| Pre-Death Pain and Suffering | $[Amount] |
| Pre-Death Lost Wages | $[Amount] |
| TOTAL SURVIVAL DAMAGES | $[Subtotal] |
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, 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 Iowa law, wrongful death recovery is disposed of as personal property of the estate:
| Beneficiary | Relationship | Share |
|---|---|---|
| [Spouse Name] | Surviving Spouse | [Percentage/Amount] |
| [Child Name] | Child | [Percentage/Amount] |
| [Additional beneficiaries] | [Relationship] | [Percentage/Amount] |
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 District Court for [County] County, Iowa.
VII. BAD FAITH / EXCESS LIABILITY NOTICE
Please be advised that our client's damages may substantially exceed the available policy limits. Under Iowa law:
-
An insurer has a duty to act in good faith in evaluating and responding to settlement demands. Dolan v. Aid Ins. Co., 431 N.W.2d 790 (Iowa 1988).
-
Iowa recognizes a first-party bad faith cause of action against insurers.
-
We demand that you immediately advise your insured of this demand and of any potential excess exposure.
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
- 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 District Court for [County] County, Iowa.
Please contact me at your earliest convenience to discuss resolution.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
Iowa Attorney No. [Number]
Attorney for the Estate of [Decedent Name]
ENCLOSURES: [List]
cc: [Personal Representative]
[File]
IOWA-SPECIFIC PRACTICE NOTES
Critical Iowa Wrongful Death Considerations:
-
ESTATE BRINGS ACTION: The personal representative or administrator brings the action on behalf of the estate.
-
DAMAGES TO ESTATE: Under Iowa Code Section 611.20, damages are disposed of as personal property of the estate, which affects distribution.
-
MENTAL SUFFERING: Iowa explicitly permits recovery for the mental suffering of close relatives - this is a key damage element.
-
MODIFIED COMPARATIVE FAULT: Iowa bars recovery if the plaintiff is 50% or more at fault. Iowa Code Section 668.3.
-
LOSS OF CONSORTIUM: The surviving spouse may recover for loss of consortium as part of the wrongful death action.
-
PARENTAL GUIDANCE: Children may recover for loss of parental guidance and training.
-
PUNITIVE DAMAGES: May be available under Iowa Code Section 668A.1 if defendant's conduct was willful and wanton.
-
MEDICAL MALPRACTICE: Special procedures under Iowa Code Chapter 147, including certificate of merit requirements.
Iowa Venue and Procedure:
- Venue: County where defendant resides, where cause of action arose, or where personal representative resides. Iowa R. Civ. P. 1.301.
- Service: Iowa Rules of Civil Procedure 1.302-1.318.
- Certificate of Merit: Required in professional malpractice cases. Iowa Code Section 147.140.
Key Case Law:
- Jasper v. H. Nizam, Inc., 764 N.W.2d 751 (Iowa 2009) - Scope of wrongful death damages
- Estate of Pearson v. Interstate Power & Light Co., 700 N.W.2d 333 (Iowa 2005) - Elements of wrongful death
- Dolan v. Aid Ins. Co., 431 N.W.2d 790 (Iowa 1988) - Insurer bad faith
Iowa wrongful death law provides comprehensive recovery including mental suffering of close relatives. This template must be customized by a licensed Iowa attorney.