DEMAND FOR SETTLEMENT - WRONGFUL DEATH

STATE OF KANSAS

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

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]
Heirs at Law: [Names]
Claim Number: [If assigned]
Policy Number: [If known]

Dear [Recipient Name]:

This firm represents [Names of Heirs], the heirs at law 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. KANSAS WRONGFUL DEATH STATUTORY FRAMEWORK

A. Wrongful Death Act - K.S.A. Section 60-1901 et seq.

This wrongful death claim is brought pursuant to the Kansas Wrongful Death Act, K.S.A. Section 60-1901, which provides:

"If the death of a person is caused by the wrongful act or omission of another, an action may be maintained for the damages resulting therefrom if the former might have maintained the action had he or she lived, against the wrongdoer..."

See Pfeifer v. Jones & Laughlin Steel Corp., 678 P.2d 638 (Kan. 1984); Hale v. Brown, 197 P.3d 438 (Kan. 2008).

B. Who May Bring the Action

Under K.S.A. Section 60-1902, the action must be brought by and in the name of the heirs at law of the deceased who have sustained damages by reason of the death.

Heirs at Law (K.S.A. Section 60-1902):

Note: If the deceased left neither spouse nor children, the parents and next of kin may bring the action.

C. Statute of Limitations

Under K.S.A. Section 60-513(a)(5), 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]

D. Survival Action - K.S.A. Section 60-1801

In addition to the wrongful death action, a survival claim is brought pursuant to K.S.A. Section 60-1801, which provides that causes of action survive the death of the person to or against whom they accrue. 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

See Estate of Belden v. Brown County, 261 P.3d 943 (Kan. 2011).

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 Kansas law. Smith v. Welch, 967 P.2d 727 (Kan. 1998).

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], Kansas
- 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 Kansas law, a wrongful death action lies when the death of a person is caused by the wrongful act or omission of another. Hale v. Brown, 197 P.3d 438 (Kan. 2008).

Elements of Negligence:

1. Duty: [Defendant] owed a duty of [reasonable care / safe premises / proper medical care / etc.] to [Decedent Name]

2. Breach: [Defendant] breached this duty by:
   - [Describe specific breaches with particularity]
   - [Additional breaches]

3. Causation: [Defendant's] breach was the actual and proximate cause of [Decedent's] death

4. Damages: [Decedent Name]'s death resulted in damages to the heirs at law

B. Negligence Per Se (If Applicable)

[Defendant] violated [Kansas statute or regulation], which was designed to protect [class of persons] from [type of harm]. Under Kansas law, violation of a statute designed to protect a class of persons may constitute negligence per se. Pullen v. West, 92 P.3d 584 (Kan. 2004).

C. Kansas's Modified Comparative Fault Rule

Kansas follows modified comparative fault under K.S.A. Section 60-258a. 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. KANSAS WRONGFUL DEATH DAMAGES

Under K.S.A. Section 60-1903, the damages recoverable in a wrongful death action include:

1. Mental anguish, suffering, and bereavement of the heirs
2. Loss of society, companionship, comfort, and protection
3. Loss of support and services
4. Medical expenses incurred prior to death
5. Funeral expenses
6. Reasonable attorney fees (in the court's discretion)

IMPORTANT - NON-ECONOMIC DAMAGE CAP:

Under K.S.A. Section 60-19a02, non-economic damages (pain and suffering, mental anguish, bereavement, loss of society) are capped at $325,000 (or higher amounts for death or permanent impairment).

B. ECONOMIC DAMAGES

1. Loss of Support:

[Decedent Name] was [Age] years old at death with a work-life expectancy of [Years] years.

Based on expert economic analysis

2. Loss of Services:

3. Pre-Death Medical Expenses:

4. Funeral and Burial Expenses:

C. NON-ECONOMIC DAMAGES (SUBJECT TO CAP)

1. Mental Anguish, Suffering, and Bereavement:

Claimed Mental Anguish and Bereavement: $[Amount]

2. Loss of Society, Companionship, and Comfort:

Claimed Loss of Society and Companionship: $[Amount]

TOTAL NON-ECONOMIC DAMAGES: $[Amount] (Subject to K.S.A. Section 60-19a02 cap)

3. 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:

Survival Action Damages:

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 (within applicable caps), 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 Kansas law, wrongful death recovery is apportioned among the heirs at law based on their respective damages:

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 of [County] County, Kansas.

VII. BAD FAITH / EXCESS LIABILITY NOTICE

Please be advised that our clients' damages may substantially exceed the available policy limits. Under Kansas law:

1. An insurer has a duty to act in good faith in evaluating and responding to settlement demands. Glenn v. Fleming, 799 P.2d 79 (Kan. 1990).

2. Failure to accept a reasonable settlement demand within policy limits may expose the insurer to liability for the full judgment.

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

VIII. DOCUMENTATION ENCLOSED

• Death certificate
• 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
• Proof of family relationships
• [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 of [County] County, Kansas.

Please contact me at your earliest convenience to discuss resolution.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Kansas Supreme Court Attorney No. [Number]
Attorney for the Heirs at Law of [Decedent Name]

ENCLOSURES: [List]

cc: [Heirs at Law]
[File]

KANSAS-SPECIFIC PRACTICE NOTES

Critical Kansas Wrongful Death Considerations:

1. HEIRS AT LAW BRING ACTION: Under Kansas law, the heirs at law (not a personal representative) bring the wrongful death action. This is different from many states.

2. NON-ECONOMIC DAMAGE CAP: K.S.A. Section 60-19a02 caps non-economic damages. The cap is $325,000 for general claims but may be higher for wrongful death or permanent impairment. Verify current cap.

3. ATTORNEY FEES: Kansas allows recovery of reasonable attorney fees in wrongful death cases in the court's discretion. K.S.A. Section 60-1903.

4. MODIFIED COMPARATIVE FAULT: Kansas bars recovery if the plaintiff is 50% or more at fault. K.S.A. Section 60-258a.

5. SURVIVAL ACTION: Separate survival action under K.S.A. Section 60-1801 allows recovery of pre-death damages.

6. PUNITIVE DAMAGES: May be available in cases involving willful conduct, wanton conduct, fraud, or malice. K.S.A. Section 60-3702.

7. MEDICAL MALPRACTICE: Special screening panel requirements in certain counties; damage caps apply.

Kansas Venue and Procedure:

• Venue: County where defendant resides, where cause of action arose, or where plaintiff resides if defendant is a corporation. K.S.A. Section 60-602.
• Service: K.S.A. Chapter 60, Article 3.
• Expert Affidavit: Required in medical malpractice cases. K.S.A. Section 60-3412.

Key Case Law:

• Pfeifer v. Jones & Laughlin Steel Corp., 678 P.2d 638 (Kan. 1984) - Damage calculations
• Hale v. Brown, 197 P.3d 438 (Kan. 2008) - Elements of wrongful death
• Glenn v. Fleming, 799 P.2d 79 (Kan. 1990) - Insurer bad faith

Kansas wrongful death law requires attention to the non-economic damage cap and heir-based standing. This template must be customized by a licensed Kansas attorney.