DEMAND FOR SETTLEMENT - WRONGFUL DEATH

STATE OF IDAHO

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

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. IDAHO WRONGFUL DEATH STATUTORY FRAMEWORK

A. Wrongful Death Statute

This wrongful death claim is brought pursuant to Idaho Code Section 5-311 (Idaho Wrongful Death Statute).

The statute provides:

"When the death of a person is caused by the wrongful act or neglect of another, his or her heirs or personal representatives on their behalf may maintain an action for damages against the person causing the death, or if such person be employed by another person who is responsible for his conduct, then also against such other person."

B. Who May Bring the Action

Under Idaho Code Sections 5-311 and 5-327, wrongful death actions may be brought by:

Primary Right - Heirs:
The decedent's heirs may bring the action directly, OR the personal representative may bring it on behalf of the heirs.

Definition of Heirs (Idaho Code Section 5-311):
Idaho follows the law of intestate succession to determine "heirs":

1. Surviving spouse (entitled to share based on whether there are also surviving issue)
2. Surviving children and issue of deceased children (by representation)
3. If no spouse or issue: Parents
4. If no spouse, issue, or parents: Siblings and their issue

Claimants in this Matter:

☐ 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]

☐ Personal Representative (if bringing on behalf of heirs):
- [Name], Personal Representative of the Estate of [Decedent Name]
- Appointed: [Date] by [Court Name], Magistrate Court, Case No. [Number]

C. Statute of Limitations

Under Idaho Code Section 5-219(4), the statute of limitations for wrongful death actions in Idaho 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

Idaho recognizes a survival action under Idaho Code Section 5-327 for damages that accrued to the decedent before death. The survival action is brought by the personal representative and recovers:

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

The personal representative may join both the wrongful death claim (on behalf of heirs) and the survival claim (on behalf of the estate) in a single action.

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

Idaho courts recognize spoliation sanctions. Destruction of evidence may result in adverse inferences and other sanctions. Bromley v. Garey, 132 Idaho 807 (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], Idaho
- 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.]

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 Idaho law, negligence requires proof of: (1) a duty recognized by law; (2) breach of that duty; (3) a causal connection between the breach and injury; and (4) damages. Brooks v. Logan, 130 Idaho 574 (1997).

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 cause and proximate cause of [Decedent's] death.

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

B. Comparative Fault Analysis

Idaho follows a modified comparative negligence system under Idaho Code Section 6-801:

• A plaintiff's recovery is reduced by their percentage of fault
• Recovery is completely 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].

C. Joint and Several Liability

Under Idaho Code Section 6-803, Idaho has modified joint and several liability:
- Defendants are jointly and severally liable only if they acted in concert or if their combined fault exceeds that of the plaintiff
- Otherwise, each defendant is liable only for their proportionate share

V. DAMAGES

A. Idaho Damage Cap - CRITICAL

IMPORTANT: Under Idaho Code Section 6-1603, Idaho caps non-economic damages in personal injury and wrongful death cases.

The cap is adjusted annually based on the Consumer Price Index. The current cap is approximately $357,210 (verify current amount).

This cap applies to damages such as:
- Pain and suffering
- Loss of consortium
- Loss of companionship
- Mental anguish
- Grief

The cap does NOT apply to:
- Economic damages (lost income, medical expenses, lost services)
- Damages in cases of willful or reckless misconduct
- Cases involving felonious conduct

B. 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] (subject to non-economic damage cap unless exception applies)

2. Pre-Death Medical Expenses:

3. Pre-Death Lost Earnings:

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

C. Wrongful Death Damages

Under Idaho Code Section 5-311, the following damages are recoverable:

1. Loss of Financial Support (Economic):

2. Loss of Services (Economic):

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

3. Loss of Inheritance (Economic):

Present value of probable inheritance: $[Amount]

4. Non-Economic Damages (Subject to Cap):

Surviving Spouse - [Spouse Name]:

[Describe the marital relationship]

Surviving Children:

[Child 1 Name], Age [Age]:

[Describe the parent-child relationship]

TOTAL NON-ECONOMIC DAMAGES CLAIMED: $[Amount]
NON-ECONOMIC DAMAGES AFTER CAP: $[357,210 or current cap amount, if applicable]

5. Funeral and Burial Expenses (Economic):

D. Punitive Damages

Under Idaho Code Section 6-1604, punitive damages are available only when the defendant's conduct was:
- Oppressive
- Fraudulent
- Malicious
- Outrageous

Punitive damages must be proven by clear and convincing evidence.

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

Note: Punitive damages, if awarded, are not subject to the non-economic damage cap.

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 |
|----------|--------|
| Loss of Financial Support | $[Amount] |
| Loss of Services | $[Amount] |
| Loss of Inheritance | $[Amount] |
| Non-Economic Damages (capped) | $[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 Idaho 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 Heirs

Settlement proceeds will be allocated among heirs according to Idaho's laws of intestate succession or by agreement of the parties:

Allocation involving minor heirs will require 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 Idaho law:

1. An insurer has a duty to act in good faith toward its insured in handling claims.

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. Robinson v. State Farm Mut. Auto. Ins. Co., 137 Idaho 173 (2002).

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] family 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 District Court of the [First through Seventh] Judicial District of the State of Idaho, in and for the County of [County], and prosecute this case vigorously through trial.

Please contact me at your earliest convenience to discuss resolution.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Idaho State 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

IDAHO-SPECIFIC PRACTICE NOTES

☐ Non-Economic Damage Cap: Idaho caps non-economic damages at approximately $357,210 (adjusted annually). I.C. Section 6-1603. Verify current cap amount.

☐ Cap Exceptions: Cap does not apply to willful/reckless misconduct or felonious conduct.

☐ Modified Comparative Negligence: 50% bar - plaintiff recovers nothing if 50% or more at fault. I.C. Section 6-801.

☐ Heirs May Sue Directly: Unlike many states, Idaho allows heirs to bring the action directly, or through the personal representative.

☐ Survival Action: Separate claim for decedent's pre-death damages; brought by personal representative.

☐ Joint and Several Liability: Modified - only applies if defendants acted in concert or combined fault exceeds plaintiff's.

☐ Punitive Damages: Available only for oppressive, fraudulent, malicious, or outrageous conduct proven by clear and convincing evidence.

☐ Government Claims: If government entity involved, must file notice of claim under Idaho Tort Claims Act, I.C. Section 6-906.

☐ Venue: County where cause of action arose or where defendant resides.

☐ Prejudgment Interest: May be available under I.C. Section 28-22-104.

This template must be customized for each specific case. Idaho's non-economic damage cap significantly impacts wrongful death claim valuation. Always verify the current cap amount and exceptions before use.