DEMAND FOR SETTLEMENT - WRONGFUL DEATH
STATE OF INDIANA
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Indiana ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Indiana
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: [Personal Representative 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. INDIANA WRONGFUL DEATH STATUTORY FRAMEWORK
A. Wrongful Death Statute - Ind. Code Section 34-23-1-1
This wrongful death claim is brought pursuant to Indiana Code Section 34-23-1-1, which provides:
"When the death of one is caused by the wrongful act or omission of another, the personal representative of the former may maintain an action therefor against the latter, if the former might have maintained an action had the former lived, against the latter for an injury for the same act or omission."
See Durham ex rel. Estate of Wade v. U-Haul Int'l, 745 N.E.2d 755 (Ind. 2001); Cahoon v. Cummings, 734 N.E.2d 535 (Ind. 2000).
B. Who May Bring the Action
Under Indiana law, the personal representative of the decedent's estate is the proper party to bring a wrongful death action. Ind. Code Section 34-23-1-1.
Personal Representative:
[Personal Representative Name]
Appointed: [Date] by the [Circuit/Superior Court of [County] County, Indiana]
Estate Cause No.: [Cause Number]
Letters Testamentary/Administration Issued: [Date]
C. Beneficiaries
Under Ind. Code Section 34-23-1-2, the damages recovered shall inure to the exclusive benefit of the widow or widower (as the case may be) and to the dependent children, if any, or dependent next of kin.
Beneficiaries in This Case:
| Beneficiary | Relationship | Dependency Status |
|---|---|---|
| [Name] | Surviving Spouse | Statutory beneficiary |
| [Name] | Dependent Child | Statutory beneficiary |
| [Additional beneficiaries] | [Relationship] | [Status] |
D. Statute of Limitations
Under Ind. Code Section 34-23-1-1, 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 of Actions - Ind. Code Section 34-9-3-4
In addition to the wrongful death action, a survival claim exists pursuant to Ind. Code Section 34-9-3-4, which provides that causes of action survive the death of the person injured. 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 Indiana law. Glotzbach v. Froman, 854 N.E.2d 337 (Ind. 2006).
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], Indiana
- 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 Indiana law, a wrongful death claim requires proof that the defendant's wrongful act or omission caused the death of a person who would have had a cause of action if he or she had survived. Durham ex rel. Estate of Wade v. U-Haul Int'l, 745 N.E.2d 755 (Ind. 2001).
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 Indiana law
B. Negligence Per Se (If Applicable)
[Defendant] violated [Indiana statute or regulation], which was designed to protect [class of persons] from [type of harm]. Under Indiana law, violation of a statute designed to protect a class of persons may constitute negligence per se. Erwin v. Roe, 928 N.E.2d 609 (Ind. Ct. App. 2010).
C. Indiana's Modified Comparative Fault Rule
Indiana follows modified comparative fault under Ind. Code Section 34-51-2-6. 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 greater than 50% (i.e., 51% or more).
[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 INDIANA LAW
Under Ind. Code Section 34-23-1-2, wrongful death damages in Indiana include both economic and non-economic damages.
Recoverable Damages Include:
- Loss of love and companionship of the decedent
- Counseling expenses for grief
- Medical and hospital expenses incurred prior to death
- Funeral and burial expenses
- Loss of earnings the decedent would have contributed
- Estate administration expenses
- Punitive damages (in appropriate cases)
See Cahoon v. Cummings, 734 N.E.2d 535 (Ind. 2000).
B. ECONOMIC DAMAGES
1. Loss of Earnings:
[Decedent Name] was [Age] years old at death with a work-life expectancy of [Years] years.
| Category | Calculation | Amount |
|---|---|---|
| Annual Earnings | $[Amount] | |
| Benefits (Value at [%]) | $[Amount] | |
| Annual Increases (Projected) | [%] | |
| 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] |
5. Estate Administration Expenses:
| Expense | Amount |
|---|---|
| Probate Costs | $[Amount] |
| Attorney's Fees (Probate) | $[Amount] |
| Other Administration | $[Amount] |
| TOTAL ADMINISTRATION | $[Total] |
C. NON-ECONOMIC DAMAGES
1. Loss of Love and Companionship:
Indiana recognizes recovery for loss of love and companionship to the surviving spouse and dependent children. Durham ex rel. Estate of Wade v. U-Haul Int'l, 745 N.E.2d 755 (Ind. 2001).
| Beneficiary | Relationship | Loss Description |
|---|---|---|
| [Spouse Name] | Surviving Spouse | [Describe the loss of love, companionship, affection, and consortium] |
| [Child Name] | Dependent Child | [Describe the loss of parental love, guidance, and companionship] |
Claimed Loss of Love and Companionship: $[Amount]
2. 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]
- [Other suffering]
Claimed Pre-Death Pain and Suffering: $[Amount]
3. Grief Counseling Expenses:
Indiana allows recovery for counseling expenses related to grief. Ind. Code Section 34-23-1-2(c)(1).
| Beneficiary | Counseling Provider | Cost |
|---|---|---|
| [Name] | [Provider] | $[Amount] |
| TOTAL COUNSELING | $[Total] |
D. Summary of Damages
Wrongful Death Damages:
| Category | Amount |
|---|---|
| Loss of Earnings | $[Amount] |
| Loss of Services | $[Amount] |
| Medical Expenses | $[Amount] |
| Funeral Expenses | $[Amount] |
| Estate Administration | $[Amount] |
| Loss of Love and Companionship | $[Amount] |
| Grief Counseling | $[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 Indiana law, wrongful death recovery inures to the exclusive benefit of the widow/widower and dependent children or dependent next of kin:
| Beneficiary | Relationship | Share |
|---|---|---|
| [Spouse Name] | Surviving Spouse | [Percentage/Amount] |
| [Child Name] | Dependent 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 [Circuit/Superior] Court of [County] County, Indiana.
VII. BAD FAITH / EXCESS LIABILITY NOTICE
Please be advised that our client's damages may substantially exceed the available policy limits. Under Indiana law:
-
An insurer has a duty to act in good faith in evaluating and responding to settlement demands. Erie Ins. Co. v. Hickman, 622 N.E.2d 515 (Ind. 1993).
-
Failure to accept a reasonable settlement demand within policy limits may expose the insurer to liability for the full judgment.
-
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 [County] County, Indiana.
Please contact me at your earliest convenience to discuss resolution.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
Indiana Attorney No. [Number]
Attorney for the Estate of [Decedent Name]
ENCLOSURES: [List]
cc: [Personal Representative]
[File]
INDIANA-SPECIFIC PRACTICE NOTES
Critical Indiana Wrongful Death Considerations:
-
PERSONAL REPRESENTATIVE BRINGS ACTION: Only the personal representative of the estate may file the wrongful death action in Indiana.
-
BENEFICIARY REQUIREMENTS: Recovery inures to the benefit of the widow/widower and dependent children, or dependent next of kin. "Dependent" status may be important.
-
LOSS OF LOVE AND COMPANIONSHIP: Indiana explicitly permits recovery for loss of love and companionship, separate from economic damages.
-
GRIEF COUNSELING: Indiana is one of few states that explicitly allows recovery for grief counseling expenses.
-
MODIFIED COMPARATIVE FAULT: Indiana bars recovery if the plaintiff is 51% or more at fault. Ind. Code Section 34-51-2-6.
-
NO GENERAL DAMAGE CAP: Indiana does not impose a general statutory cap on wrongful death damages (but medical malpractice cases are subject to caps).
-
MEDICAL MALPRACTICE: Special procedures under the Indiana Medical Malpractice Act, including submission to Medical Review Panel. Ind. Code Section 34-18-1-1 et seq.
-
PUNITIVE DAMAGES: May be available if defendant's conduct was malicious, willful and wanton, or fraudulent.
Indiana Venue and Procedure:
- Venue: County where defendant resides, where cause of action arose, or where personal representative resides. Ind. Trial Rule 75.
- Service: Indiana Trial Rules 4 through 4.17.
- Medical Review Panel: Required before filing medical malpractice suits. Ind. Code Section 34-18-8-4.
Key Case Law:
- Durham ex rel. Estate of Wade v. U-Haul Int'l, 745 N.E.2d 755 (Ind. 2001) - Scope of wrongful death damages
- Cahoon v. Cummings, 734 N.E.2d 535 (Ind. 2000) - Elements of wrongful death
- Erie Ins. Co. v. Hickman, 622 N.E.2d 515 (Ind. 1993) - Insurer duty of good faith
Indiana wrongful death law provides comprehensive recovery including loss of love and companionship and grief counseling. This template must be customized by a licensed Indiana attorney.