DEMAND FOR SETTLEMENT - WRONGFUL DEATH

STATE OF MARYLAND

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

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): [Names of Statutory Beneficiaries]
Claim Number: [If assigned]
Policy Number: [If known]

Dear [Recipient Name]:

This firm represents [Claimant Name(s)] in their capacity as [surviving spouse / children / parents / statutory beneficiaries] of [Decedent Name] 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 all wrongful death and survival claims arising from this tragedy.

I. MARYLAND STATUTORY FRAMEWORK FOR WRONGFUL DEATH

A. Wrongful Death Claim

This wrongful death claim is brought pursuant to Maryland Code Annotated, Courts and Judicial Proceedings Article, Sections 3-901 through 3-904. Maryland's wrongful death statute creates a cause of action for the benefit of statutorily designated beneficiaries when death is caused by a wrongful act, neglect, or default.

Under Spangler v. McQuitty, 449 Md. 33 (2016), the wrongful death action compensates secondary victims (family members) for their own losses resulting from the decedent's death.

B. Who May Bring the Action

Under Md. Code Ann., Cts. & Jud. Proc. Section 3-904(a), the following individuals are entitled to recover as primary beneficiaries:

Primary Beneficiaries (Section 3-904(a)(1)):

• Spouse
• Children
• Parents

Secondary Beneficiaries (if no primary beneficiaries exist) (Section 3-904(a)(2)):

• Any person related to the decedent by blood or marriage who was substantially dependent upon the decedent

Statutory Beneficiaries in this Matter:

• Surviving Spouse: [Spouse Name]
• Relationship: [Husband/Wife] of Decedent
• Married: [Date of Marriage]

• [Years of marriage]

• Surviving Children:

• [Child 1 Name], age [Age], [minor/adult]
• [Child 2 Name], age [Age], [minor/adult]

• [Additional children]

• Surviving Parents:

• [Parent 1 Name]
• [Parent 2 Name]

C. Survival Action

In addition to the wrongful death claim, this letter includes a survival action on behalf of the Estate of [Decedent Name] for damages incurred by the decedent between the time of injury and death, brought pursuant to Maryland Code Annotated, Courts and Judicial Proceedings Article, Section 6-401.

The survival action allows recovery for:
- Pain and suffering experienced by the decedent prior to death
- Medical expenses incurred prior to death
- Lost wages from the date of injury to the date of death

Personal Representative:
[Name], Personal Representative of the Estate of [Decedent Name]
Appointed: [Date] by [Court Name], Case No. [Number]

D. Statute of Limitations

Under Maryland Code Annotated, Courts and Judicial Proceedings Article, Section 5-101, the statute of limitations for wrongful death actions is three (3) years from the date of death.

Date of Death: [Date]
Limitations Period Expires: [Date + 3 years]

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]

Under Maryland law, spoliation of evidence may result in sanctions and adverse inferences. Anderson v. Litzenberg, 115 Md. App. 549 (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], Maryland
- Occupation: [Occupation/Employer]
- Annual Income: $[Amount]
- Education: [Education level]

Family:
- Spouse: [Name], married [years]
- Children: [Names and ages]
- [Other relevant family information]

Character and Contributions:
[Describe the decedent as a person - their role in the family, community involvement, personal qualities, etc.]

B. The Incident Causing Death

On [Date], at approximately [Time], [Decedent Name] was [describe activity]. At that time, [Defendant/Tortfeasor Name] [describe negligent conduct].

[Detailed description of incident and how it caused 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] impending death
- Suffered extreme physical pain from [injuries]
- Experienced pre-impact fright and terror
- [Describe other suffering during survival period]

IV. LIABILITY ANALYSIS

A. Negligence of Defendant

[Defendant Name] is liable for the wrongful death of [Decedent Name] under Maryland negligence principles:

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]

3. Causation: [Defendant's] breach directly and proximately caused [Decedent's] death

4. Damages: [Decedent's] death has caused substantial damages to the statutory beneficiaries

B. CRITICAL: Maryland Contributory Negligence

Maryland is one of only four jurisdictions (plus the District of Columbia) that retains the doctrine of pure contributory negligence. Under this doctrine, if a plaintiff is found to be even 1% at fault, they are completely barred from recovery. Harrison v. Montgomery Cty. Bd. of Educ., 295 Md. 442 (1983).

[Decedent Name] bore absolutely no responsibility for [his/her] own death. [He/She] was:

• [Describe lawful, careful conduct]
• [Provide specific facts negating any contributory negligence]
• [Address any potential defenses]

Any attempt to assert contributory negligence is wholly without merit and will not withstand scrutiny at trial.

Exception - Last Clear Chance: Even if contributory negligence were somehow applicable, Maryland recognizes the "last clear chance" doctrine, which permits recovery where the defendant had the last clear opportunity to avoid the accident. Burdette v. Rockville Crane Rental, Inc., 130 Md. App. 193 (2000).

V. DAMAGES

A. Survival Action Damages (Estate Claim)

Under Md. Code Ann., Cts. & Jud. Proc. Section 6-401, 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
- Pre-impact fright (if applicable)
- [Describe specific suffering]

Claimed Amount: $[Amount]

2. Pre-Death Medical Expenses:

3. Pre-Death Lost Earnings:

Lost wages from date of injury to date of death: $[Amount]

B. Wrongful Death Damages (Beneficiary Claims)

Under Md. Code Ann., Cts. & Jud. Proc. Section 3-904(d), recoverable damages in Maryland wrongful death actions include:

1. Mental Anguish:

Mental anguish, emotional pain, and suffering of the beneficiaries:

2. Loss of Society and Companionship:

Loss of society, companionship, comfort, protection, marital care, parental care, filial care, attention, advice, counsel, training, guidance, and education:

3. Loss of Services:

Value of household services and contributions provided by the decedent:

Estimated annual value: $[Amount]
Present value of future lost services: $[Amount]

4. Loss of Financial Support:

5. Funeral and Burial Expenses:

C. Maryland Non-Economic Damage Caps

IMPORTANT: Maryland caps non-economic damages in personal injury and wrongful death cases under Md. Code Ann., Cts. & Jud. Proc. Section 11-108.

For causes of action arising in [Year], the non-economic damages cap is $[Current Cap Amount].

Note: The cap increases by $15,000 per year. For wrongful death actions with multiple beneficiaries, there is a single cap, not a per-beneficiary cap. Dehn v. Edgecombe, 384 Md. 606 (2005).

Exception: The cap does not apply to survival action claims for the decedent's own pain and suffering.

D. Punitive Damages

Under Maryland law, punitive damages are available in wrongful death cases where the defendant's conduct was characterized by "actual malice" - meaning either actual knowledge that the act was wrongful or conduct so outrageous as to amount to wanton disregard for the rights of others. Owens-Illinois v. Zenobia, 325 Md. 420 (1992).

[If applicable:] [Defendant's] conduct in this matter demonstrated [actual malice / wanton disregard for human life] by [describe egregious conduct]. We reserve the right to seek punitive damages at trial.

Note: Maryland does not cap punitive damages in wrongful death cases.

E. Summary of Damages

Survival Action (Estate Claim):

Wrongful Death Action:

TOTAL ALL DAMAGES: $[Grand Total]

Note: Non-economic damages subject to Maryland statutory cap of $[Current Cap Amount].

VI. SETTLEMENT DEMAND

A. Demand Amount

Based upon the clear liability of [Defendant], the catastrophic loss suffered by the surviving family members, and the substantial economic and 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. Allocation Among Beneficiaries

Subject to Court approval (for minor beneficiaries), settlement proceeds would be allocated as follows:

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. EXCESS LIABILITY / BAD FAITH NOTICE

Please be advised that our client's damages substantially exceed the available policy limits. Under Maryland law:

1. You have a duty to give equal consideration to your insured's interests in settlement decisions;

2. Failure to accept a reasonable settlement demand within policy limits may expose your company to bad faith liability. Allstate Ins. Co. v. Campbell, 334 Md. 381 (1994);

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

VIII. DOCUMENTATION ENCLOSED

• Death certificate
• Letters of administration / Letters testamentary
• 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 (if spouse claimant)
• Birth certificates (if child claimants)
• Police/incident report
• Witness statements
• [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, leaving a spouse and [number] children without [his/her] love, support, guidance, and companionship.

Maryland law provides compensation to surviving family members for the tremendous losses they have suffered. The liability in this case is clear, and the decedent bore no contributory negligence whatsoever.

If this matter cannot be resolved, we are prepared to file suit immediately in the Circuit Court for [County] County, Maryland, and prosecute this case vigorously through trial.

Please contact me at your earliest convenience to discuss resolution.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Maryland Bar Number [Number]
Attorney for [Claimant Name(s)] / Estate of [Decedent Name]

ENCLOSURES: [List]

cc: [Claimant(s)]
[Personal Representative]
[Guardian ad Litem, if applicable]
File

MARYLAND-SPECIFIC PRACTICE NOTES

• Contributory Negligence: Maryland follows pure contributory negligence. Any fault by the decedent completely bars recovery. This is critical in case evaluation and liability analysis.

• Non-Economic Damage Cap: Maryland caps non-economic damages (increases $15,000/year). For 2026, verify current cap amount. One cap applies regardless of number of beneficiaries.

• Punitive Damages: Available with "actual malice" standard. No cap on punitive damages.

• Primary vs. Secondary Beneficiaries: Only if no spouse, children, or parents exist do secondary beneficiaries (dependent blood relatives or in-laws) have standing.

• Joint Tort Claims Act: For claims against Maryland state government, must file within 1 year with State Treasurer. Md. Code Ann., State Gov't Section 12-106.

• Survival Action: Separate from wrongful death; recovers decedent's pre-death damages. Not subject to non-economic damage cap.

• Prejudgment Interest: Available in Maryland from date of filing. Md. Code Ann., Cts. & Jud. Proc. Section 11-107.

• Venue: Where cause of action arose or where defendant resides. Md. Code Ann., Cts. & Jud. Proc. Section 6-201.

This template must be reviewed and customized by a Maryland-licensed attorney. Wrongful death claims have specific statutory requirements. Maryland's contributory negligence rule requires careful liability analysis.