DEMAND FOR SETTLEMENT - WRONGFUL DEATH

STATE OF LOUISIANA

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

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]
Beneficiaries: [Names]
Claim Number: [If assigned]
Policy Number: [If known]

Dear [Recipient Name]:

This firm represents [Claimant Names], the [relationship - e.g., "surviving spouse and children"] 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 and survival action claims arising from this tragedy.

I. LOUISIANA WRONGFUL DEATH STATUTORY FRAMEWORK

A. Wrongful Death Action - La. C.C. Art. 2315.2

This wrongful death claim is brought pursuant to Louisiana Civil Code Article 2315.2, which provides:

"If a person dies due to the fault of another, suit may be brought by the following persons to recover damages which they sustained as a result of the death..."

See Guidry v. Theriot, 377 So.2d 319 (La. 1979); Taylor v. Giddens, 618 So.2d 834 (La. 1993).

LOUISIANA'S CIVIL LAW SYSTEM:

Louisiana is a civil law jurisdiction based on the Napoleonic Code. Its wrongful death and survival action framework differs significantly from common law states.

B. Who May Bring the Action - Priority of Beneficiaries

Under La. C.C. Art. 2315.2, beneficiaries are designated in the following order of priority:

1. First Priority: Surviving spouse and/or children (including adopted)
2. Second Priority: Surviving parents (if no spouse or children)
3. Third Priority: Surviving siblings (if no spouse, children, or parents)
4. Fourth Priority: Surviving grandparents (if no higher priority beneficiaries)

Beneficiaries in This Case:

C. Prescriptive Period (Statute of Limitations)

Under La. C.C. Art. 2315.2, the wrongful death action is subject to a liberative prescription of one (1) year from the date of death.

• Date of Death: [Date of Death]
• Prescriptive Period Expires: [Expiration Date]

Note: Louisiana uses the term "prescription" rather than "statute of limitations." The concept is similar but may have different tolling rules.

D. Survival Action - La. C.C. Art. 2315.1

In addition to the wrongful death action, a survival action is brought pursuant to La. C.C. Art. 2315.1, which provides that the right to recover damages for injury to a person survives the death of the injured person. The survival action allows recovery of:

• Medical expenses incurred prior to death
• Conscious pain and suffering experienced by decedent prior to death
• Lost wages from injury to death
• Any other damages the decedent could have recovered

IMPORTANT: The survival action in Louisiana includes conscious pre-death pain and suffering, which passes to the decedent's succession (estate).

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 Louisiana law. Reynolds v. Bordelon, 172 So.3d 607 (La. 2015).

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: [Parish], Louisiana
- 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 (La. C.C. Art. 2315.1).

IV. LIABILITY ANALYSIS

A. Delictual Liability / Fault of Defendant

[Defendant Name] is liable for the wrongful death of [Decedent Name]. Under Louisiana law, liability is based on fault under La. C.C. Art. 2315 et seq. See Pitre v. Opelousas Gen. Hosp., 530 So.2d 1151 (La. 1988).

Elements of Negligence (Delict) Under Louisiana Law:

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. Cause-in-Fact: [Defendant's] conduct was a cause-in-fact of [Decedent's] death

4. Legal Cause (Scope of Duty): [Decedent's] death was within the scope of protection of the duty breached

5. Damages: [Decedent Name]'s death resulted in damages recoverable under Louisiana law

B. Strict Liability (If Applicable)

Louisiana imposes strict liability in certain circumstances, including:
- Custodian of things with inherent vice or defect (La. C.C. Art. 2317.1)
- Dog owner liability (La. C.C. Art. 2321)
- Products liability (La. R.S. 9:2800.54)

[If applicable, describe basis for strict liability]

C. Louisiana's Pure Comparative Fault Rule

Louisiana follows pure comparative fault under La. C.C. Art. 2323. 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. WRONGFUL DEATH DAMAGES UNDER LOUISIANA LAW

Under La. C.C. Art. 2315.2, wrongful death beneficiaries may recover damages they sustained as a result of the death. Louisiana recognizes the following categories:

1. Loss of love and affection
2. Loss of services
3. Loss of support (financial)
4. Medical expenses related to death
5. Funeral expenses

See Taylor v. Giddens, 618 So.2d 834 (La. 1993).

B. SURVIVAL ACTION DAMAGES (La. C.C. Art. 2315.1)

The survival action allows the succession (estate) to recover damages the decedent could have recovered, including:

1. Pre-death pain and suffering (physical and mental)
2. Pre-death medical expenses
3. Pre-death lost wages
4. Loss of enjoyment of life (pre-death)

See McGee v. A C and S, Inc., 933 So.2d 770 (La. 2006).

C. ECONOMIC DAMAGES

1. Loss of Support (Wrongful Death):

[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 (Survival):

4. Funeral and Burial Expenses:

D. NON-ECONOMIC DAMAGES

1. Loss of Love and Affection (Wrongful Death):

Claimed Loss of Love and Affection: $[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]

E. Summary of Damages

Wrongful Death Damages (La. C.C. Art. 2315.2):

Survival Action Damages (La. C.C. Art. 2315.1):

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 Louisiana law:
- Wrongful death damages are recovered directly by the beneficiaries
- Survival action damages are recovered by the succession (estate) and distributed according to intestate succession or the decedent's will

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: Louisiana has a one-year prescriptive period. Prompt resolution is essential.

VII. BAD FAITH / EXCESS LIABILITY NOTICE

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

1. An insurer owes its insured a duty of good faith and fair dealing. Holtzclaw v. Falco, Inc., 355 So.2d 1279 (La. 1978).

2. Louisiana provides a direct action against liability insurers under La. R.S. 22:1269.

3. Failure to accept a reasonable settlement demand within policy limits may expose the insurer to bad faith liability.

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

VIII. DOCUMENTATION ENCLOSED

• Death certificate
• Succession documents (if opened)
• 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] [fault / 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 [Judicial District Court for [Parish] Parish / appropriate federal court], Louisiana.

Please contact me at your earliest convenience to discuss resolution.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Louisiana Bar Roll No. [Number]
Attorney for [Claimant Names]

ENCLOSURES: [List]

cc: [Claimants]
[File]

LOUISIANA-SPECIFIC PRACTICE NOTES

Critical Louisiana Wrongful Death Considerations:

1. CIVIL LAW JURISDICTION: Louisiana is based on civil law, not common law. Terminology and procedures differ significantly.

2. ONE-YEAR PRESCRIPTION: Louisiana has a one-year prescriptive period for wrongful death. This is among the shortest in the nation.

3. PRIORITY OF BENEFICIARIES: Wrongful death beneficiaries are designated by statute in order of priority. Lower priority classes cannot recover if higher priority beneficiaries exist.

4. SEPARATE WRONGFUL DEATH AND SURVIVAL ACTIONS: These are distinct causes of action with different beneficiaries. Wrongful death goes to statutory beneficiaries; survival goes to the succession (estate).

5. SURVIVAL INCLUDES PAIN AND SUFFERING: Unlike some states, Louisiana's survival action includes pre-death conscious pain and suffering.

6. DIRECT ACTION: Louisiana allows direct action against liability insurers under La. R.S. 22:1269.

7. MEDICAL MALPRACTICE: Special procedures under the Louisiana Medical Malpractice Act, La. R.S. 40:1231.1 et seq., including Medical Review Panel.

8. NO GENERAL DAMAGE CAP: Louisiana does not cap general wrongful death damages (but medical malpractice has special caps).

Louisiana Venue and Procedure:

• Venue: Parish where defendant is domiciled, where cause of action arose, or as provided in La. C.C.P. Art. 42 et seq.
• Service: Louisiana Code of Civil Procedure Art. 1231 et seq.
• Medical Review Panel: Required before filing medical malpractice suits. La. R.S. 40:1231.8.

Key Case Law:

• Guidry v. Theriot, 377 So.2d 319 (La. 1979) - Wrongful death beneficiary classes
• Taylor v. Giddens, 618 So.2d 834 (La. 1993) - Wrongful death damages
• McGee v. A C and S, Inc., 933 So.2d 770 (La. 2006) - Survival action damages

Louisiana wrongful death law is based on civil law principles with unique rules. This template must be customized by a licensed Louisiana attorney.