DEMAND FOR SETTLEMENT - WRONGFUL DEATH
COMMONWEALTH OF KENTUCKY
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Kentucky ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the Commonwealth of Kentucky
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. KENTUCKY WRONGFUL DEATH STATUTORY FRAMEWORK
A. Wrongful Death Statute - KRS Section 411.130
This wrongful death claim is brought pursuant to Kentucky Revised Statutes Section 411.130, which provides:
"Whenever the death of a person results from an injury inflicted by the negligence or wrongful act of another, damages may be recovered for the death from the person who caused it..."
See Louisville Gas & Elec. Co. v. Roberson, 212 S.W.3d 107 (Ky. 2006); Greco v. S-Products, Inc., 835 S.W.2d 868 (Ky. 1992).
B. Who May Bring the Action
Under KRS Section 411.130(1), the action must be brought by the personal representative of the decedent.
Personal Representative:
[Personal Representative Name]
Appointed: [Date] by the [Circuit Court for [County] County, Kentucky, Probate Division]
Estate No.: [Case Number]
Letters Testamentary/Administration Issued: [Date]
C. Beneficiaries
Under KRS Section 411.130, the recovery is for the benefit of:
| Beneficiary | Relationship | Statutory Basis |
|---|---|---|
| [Name] | Surviving Spouse | KRS 411.130(2) |
| [Name] | Child | KRS 411.130(2) |
| [Name] | Parent | KRS 411.130(2) |
| [Additional beneficiaries] | [Relationship] | [Basis] |
Distribution: Under KRS 411.130(2), the recovery passes to the kindred of the deceased as provided by law, except that the surviving spouse shall receive at least one-half.
D. Statute of Limitations
CRITICAL - KENTUCKY HAS A SHORT LIMITATIONS PERIOD:
- General Rule (KRS 413.180): One (1) year from the date of the appointment of the personal representative, OR
-
Motor Vehicle Cases: Two (2) years from the date of death
-
Date of Death: [Date of Death]
- Personal Representative Appointed: [Date]
- Limitations Period Expires: [Expiration Date]
E. Survival Action - KRS Section 411.140
In addition to the wrongful death action, a survival claim is brought pursuant to KRS Section 411.140, which provides that a right of action for personal injury shall not cease when the person in whose favor it existed dies. 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 Kentucky law. Monsanto Co. v. Reed, 950 S.W.2d 201 (Ky. 1997).
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], Kentucky
- 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 Kentucky law, a wrongful death action lies when death results from the negligence or wrongful act of another. Louisville Gas & Elec. Co. v. Roberson, 212 S.W.3d 107 (Ky. 2006).
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 Kentucky law
B. Negligence Per Se (If Applicable)
[Defendant] violated [Kentucky statute or regulation], which was designed to protect [class of persons] from [type of harm]. Under Kentucky law, violation of a statute designed to protect a class of persons may constitute negligence per se. Louisville & N.R. Co. v. Dooley, 78 S.W.2d 792 (Ky. 1935).
C. Kentucky's Pure Comparative Fault Rule
Kentucky follows pure comparative fault under KRS Section 411.182. The plaintiff's damages are reduced by the percentage of fault attributable to the plaintiff, but recovery is not barred regardless of the plaintiff's percentage of fault.
[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]
V. DAMAGES
A. KENTUCKY WRONGFUL DEATH DAMAGES
Under KRS Section 411.130, damages in a wrongful death action are:
- Destruction of the power to earn money (loss of earning capacity)
- Loss of affection and companionship
- Medical expenses incurred before death
- Funeral expenses
- Punitive damages (where conduct was grossly negligent or intentional)
Kentucky wrongful death damages are compensatory, intended to compensate the survivors for their loss. Louisville Gas & Elec. Co. v. Roberson, 212 S.W.3d 107 (Ky. 2006).
B. ECONOMIC DAMAGES
1. Destruction of Earning Capacity:
Kentucky uses "destruction of power to earn money" as the measure of economic damages. This represents the decedent's lost earning capacity.
| Category | Calculation | Amount |
|---|---|---|
| Annual Earnings | $[Amount] | |
| Benefits (Value at [%]) | $[Amount] | |
| Work-Life Expectancy | [Years] years | |
| Present Value of Lost Earning Capacity | $[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. Loss of Affection and Companionship:
Kentucky recognizes recovery for the loss of affection and companionship suffered by the statutory beneficiaries.
| Beneficiary | Relationship | Loss Description |
|---|---|---|
| [Spouse Name] | Surviving Spouse | [Describe loss of affection, companionship, consortium] |
| [Child Name] | Child | [Describe loss of parental affection and guidance] |
| [Parent Name] | Parent | [Describe loss of child's affection] |
Claimed Loss of Affection 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]
Claimed Pre-Death Pain and Suffering: $[Amount]
D. PUNITIVE DAMAGES (IF APPLICABLE)
Under Kentucky law, punitive damages may be recovered in wrongful death cases where the defendant's conduct was:
- Grossly negligent
- Intentional
- Wanton
- Malicious
See KRS Section 411.184.
[If applicable, describe conduct supporting punitive damages]
Claimed Punitive Damages: $[Amount]
E. Summary of Damages
Wrongful Death Damages:
| Category | Amount |
|---|---|
| Destruction of Earning Capacity | $[Amount] |
| Loss of Services | $[Amount] |
| Medical Expenses | $[Amount] |
| Funeral Expenses | $[Amount] |
| Loss of Affection and Companionship | $[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] |
Punitive Damages (if applicable): $[Amount]
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 loss of affection and companionship, 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 KRS 411.130(2), the surviving spouse receives at least one-half, and the remainder passes to the kindred of the deceased:
| Beneficiary | Relationship | Share |
|---|---|---|
| [Spouse Name] | Surviving Spouse | At least 50% |
| [Child Name] | Child | [Percentage] |
| [Additional beneficiaries] | [Relationship] | [Percentage] |
C. Time for Response
This demand will remain open for thirty (30) days from the date of this letter, through and including [Expiration Date].
REMINDER: Kentucky has a short statute of limitations. Prompt resolution is essential.
VII. BAD FAITH / EXCESS LIABILITY NOTICE
Please be advised that our client's damages may substantially exceed the available policy limits. Under Kentucky law:
-
An insurer has a duty to act in good faith in evaluating and settling claims. Motorists Mut. Ins. Co. v. Glass, 996 S.W.2d 437 (Ky. 1997).
-
Kentucky recognizes the Unfair Claims Settlement Practices Act, KRS 304.12-230.
-
Failure to accept a reasonable settlement demand within policy limits may expose the insurer to bad faith liability.
-
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 [Circuit] Court of [County] County, Kentucky.
Please contact me at your earliest convenience to discuss resolution.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
Kentucky Bar Association No. [Number]
Attorney for the Estate of [Decedent Name]
ENCLOSURES: [List]
cc: [Personal Representative]
[File]
KENTUCKY-SPECIFIC PRACTICE NOTES
Critical Kentucky Wrongful Death Considerations:
-
SHORT STATUTE OF LIMITATIONS: Kentucky has only a 1-year statute of limitations for most wrongful death cases (2 years for motor vehicle). This is among the shortest in the nation.
-
PERSONAL REPRESENTATIVE REQUIRED: Only the personal representative may bring the wrongful death action. Prompt appointment is essential.
-
PURE COMPARATIVE FAULT: Kentucky follows pure comparative fault - recovery is reduced but not barred by plaintiff's fault.
-
SPOUSAL DISTRIBUTION: The surviving spouse is entitled to at least one-half of any recovery under KRS 411.130(2).
-
NO DAMAGE CAP: Kentucky does not impose a statutory cap on wrongful death compensatory damages.
-
LOSS OF AFFECTION AND COMPANIONSHIP: Kentucky specifically recognizes this non-economic damage element.
-
PUNITIVE DAMAGES: Available for grossly negligent or intentional conduct under KRS 411.184, but must be supported by clear and convincing evidence.
-
MEDICAL MALPRACTICE: Medical Review Panels have been abolished in Kentucky. Certificate of Merit required under KRS 411.167.
Kentucky Venue and Procedure:
- Venue: County where defendant resides, where cause of action arose, or where personal representative resides. KRS 452.450.
- Service: Kentucky Rules of Civil Procedure, CR 4.
- Certificate of Merit: Required in medical malpractice. KRS 411.167.
Key Case Law:
- Louisville Gas & Elec. Co. v. Roberson, 212 S.W.3d 107 (Ky. 2006) - Scope of wrongful death damages
- Greco v. S-Products, Inc., 835 S.W.2d 868 (Ky. 1992) - Elements of wrongful death
- Motorists Mut. Ins. Co. v. Glass, 996 S.W.2d 437 (Ky. 1997) - Insurer bad faith
Kentucky wrongful death law has a uniquely short limitations period. This template must be customized by a licensed Kentucky attorney, and prompt action is essential.