DEMAND FOR SETTLEMENT - WRONGFUL DEATH
STATE OF ILLINOIS
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Illinois ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Illinois
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): [Personal Representative and 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. ILLINOIS WRONGFUL DEATH STATUTORY FRAMEWORK
A. Wrongful Death Act
This wrongful death claim is brought pursuant to the Illinois Wrongful Death Act, 740 ILCS 180/1 et seq.
The Act provides:
"Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who or company or corporation which would have been liable if death had not ensued, shall be liable to an action for damages..."
B. Who May Bring the Action
Under 740 ILCS 180/2, the wrongful death action must be brought by the personal representative of the decedent for the exclusive benefit of:
Statutory Beneficiaries (740 ILCS 180/2):
- Surviving spouse
- Next of kin (as defined by Illinois law of intestate succession)
This includes:
- Children (including adopted children)
- Parents (if no surviving spouse or children)
- Siblings and other relatives (per intestacy laws)
Important: Unlike some states, Illinois does not allow beneficiaries to sue directly; the action must be brought by the personal representative.
Personal Representative:
☐ [Name], Personal Representative of the Estate of [Decedent Name]
- Appointed: [Date] by [Court Name], Probate Division, 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 740 ILCS 180/2, the statute of limitations for wrongful death actions in Illinois is two (2) years from the date of death (or from the date letters of office are issued to the personal representative, if later, but in no event more than five years from date of death).
The decedent died on [Date of Death], and therefore the limitations period expires on [Expiration Date].
D. Survival Action
Illinois recognizes a separate survival action under 755 ILCS 5/27-6 (Survival Act) 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 earnings before death
Key Distinction in Illinois: The survival action compensates the estate for the decedent's pre-death losses, while the wrongful death action compensates the beneficiaries for their losses resulting from the death.
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]
Illinois courts impose severe sanctions for spoliation of evidence. Shimanovsky v. General Motors Corp., 181 Ill. 2d 112 (1998). Destruction of evidence may result in adverse inference instructions, discovery sanctions, and separate tort 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], Illinois
- 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 Illinois law, negligence requires proof of: (1) duty; (2) breach of that duty; (3) injury proximately caused by the breach; and (4) damages. Calles v. Scripto-Tokai Corp., 224 Ill. 2d 247 (2007).
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 ("but for") and proximate (legal) cause of [Decedent's] death.
Damages: [Decedent's] death has caused substantial damages as detailed herein.
B. Comparative Fault Analysis
Illinois follows a modified comparative negligence system under 735 ILCS 5/2-1116:
- A plaintiff's recovery is reduced by their percentage of fault
- Recovery is completely barred if the plaintiff is more than 50% at fault (51% bar)
[Decedent Name] bore no fault for [his/her] own death. [He/She] was [describe lawful, careful conduct].
C. Joint and Several Liability
Under 735 ILCS 5/2-1117, Illinois has modified joint and several liability:
- If a defendant is less than 25% at fault, that defendant is liable only for their proportionate share of non-economic damages
- If a defendant is 25% or more at fault, that defendant is jointly and severally liable for all damages
V. DAMAGES
A. Survival Action Damages (Estate Claim) - 755 ILCS 5/27-6
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:
| 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]
B. Wrongful Death Damages - 740 ILCS 180/2
Under the Illinois Wrongful Death Act, the following pecuniary damages are recoverable:
1. Loss of Financial Support:
| Factor | Value |
|---|---|
| Decedent's Annual Income | $[Amount] |
| Decedent's Age at Death | [Age] |
| Decedent's Work-Life Expectancy | [Years] |
| Percentage Contributed to Family | [%] |
| Personal Consumption Deduction | [%] |
| Present Value of Lost Support | $[Amount] |
| TOTAL LOST FINANCIAL SUPPORT | $[Amount] |
2. Loss of Services:
[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 Society and Companionship:
Illinois permits recovery for loss of society, including:
- Loss of love, affection, care, attention, companionship, comfort, guidance
- Loss of parental guidance and training (for minor children)
Surviving Spouse - [Spouse Name]:
| Category | Amount |
|---|---|
| Loss of Society and Companionship | $[Amount] |
| Loss of Love and Affection | $[Amount] |
| Loss of Care and Attention | $[Amount] |
| SPOUSE'S TOTAL | $[Total] |
[Describe the marital relationship, years together, closeness of bond]
Surviving Children:
[Child 1 Name], Age [Age]:
| Category | Amount |
|---|---|
| Loss of Society and Companionship | $[Amount] |
| Loss of Parental Guidance | $[Amount] |
| Loss of Love and Affection | $[Amount] |
| CHILD'S TOTAL | $[Total] |
[Describe the parent-child relationship]
[Repeat for each child]
4. Grief, Sorrow, and Mental Suffering:
Important: As of January 1, 1998, Illinois law (740 ILCS 180/2) expressly allows recovery for:
"grief, sorrow, and mental suffering"
of the surviving spouse and next of kin.
Grief Damages Claimed:
- Surviving Spouse: $[Amount]
- Surviving Children: $[Amount]
- Total Grief Damages: $[Amount]
5. 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] |
C. Punitive Damages - NOT AVAILABLE
IMPORTANT: Under Illinois law, punitive damages are NOT recoverable in wrongful death actions. Mattyasovszky v. West Towns Bus Co., 61 Ill. 2d 31 (1975).
However, if defendant's conduct warrants, punitive damages may be sought in the survival action for the decedent's pre-death claims.
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] |
| Loss of Society - Spouse | $[Amount] |
| Loss of Society - Children | $[Amount] |
| Grief, Sorrow, Mental Suffering | $[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 Illinois 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. Distribution of Recovery
Under 740 ILCS 180/2, recovery is for the benefit of the surviving spouse and next of kin. Distribution is determined by the court or by agreement of the parties.
| Beneficiary | Relationship | Proposed Allocation |
|---|---|---|
| [Name] | Spouse | [%] |
| [Name] | Child | [%] |
| [Name] | Child | [%] |
| Estate | Survival Claim | [%] |
Distribution to minor beneficiaries requires 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 Illinois law:
-
An insurer has a duty to act in good faith in considering settlement offers. Haddick v. Valor Ins., 198 Ill. 2d 409 (2001).
-
Failure to accept a reasonable settlement demand within policy limits may expose your company to liability for the full amount of any excess judgment.
-
We demand that you immediately advise your insured of the excess exposure and of this demand.
VIII. DOCUMENTATION ENCLOSED
☐ Death certificate
☐ Letters of office (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 Circuit Court of [County] County, Illinois, and prosecute this case vigorously through trial.
Please contact me at your earliest convenience to discuss resolution.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
ARDC No. [Number]
Attorney for [Personal Representative] as Personal Representative of the Estate of [Decedent Name]
ENCLOSURES: [List]
cc: [Personal Representative]
[Surviving Spouse]
[Beneficiaries]
File
ILLINOIS-SPECIFIC PRACTICE NOTES
☐ Personal Representative Required: Action MUST be brought by personal representative; beneficiaries cannot sue directly.
☐ Two Separate Acts: Wrongful Death Act (beneficiaries' losses) and Survival Act (decedent's pre-death losses) are distinct claims.
☐ Grief Damages: Illinois expressly allows recovery for "grief, sorrow, and mental suffering" since 1998.
☐ No Punitive Damages in Wrongful Death: Punitive damages are not recoverable under the Wrongful Death Act, but may be available in survival action.
☐ No Damage Caps: Illinois has no caps on wrongful death compensatory damages.
☐ Modified Comparative Negligence: 51% bar - plaintiff recovers nothing if more than 50% at fault.
☐ Joint and Several Liability: Applies to defendants 25% or more at fault.
☐ Statute of Limitations: 2 years from death, but special rules apply regarding appointment of personal representative; never more than 5 years from death.
☐ Government Claims: If government entity involved, must comply with 745 ILCS 10 (Local Governmental and Governmental Employees Tort Immunity Act).
☐ Venue: County where cause of action arose or where defendant resides. 735 ILCS 5/2-101.
☐ Collateral Source Rule: Modified - 735 ILCS 5/2-1205.
This template must be customized for each specific case. Illinois wrongful death law has important distinctions between the Wrongful Death Act and Survival Act. Always verify current law before use.