DEMAND FOR SETTLEMENT - WRONGFUL DEATH
STATE OF MICHIGAN
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Michigan ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Michigan
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): [Personal Representative]
Claim Number: [If assigned]
Policy Number: [If known]
Dear [Recipient Name]:
This firm represents [Personal Representative Name], in [his/her] capacity as Personal Representative of the Estate 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. MICHIGAN STATUTORY FRAMEWORK FOR WRONGFUL DEATH
A. Wrongful Death Claim
This wrongful death claim is brought pursuant to Michigan Compiled Laws Section 600.2922, which provides:
"Whenever the death of a person... shall be caused by wrongful act, neglect, or fault of another, and the act, neglect, or fault is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages, the person who or the corporation which would have been liable, if death had not ensued, shall be liable to an action for damages..."
Under Michigan law, the wrongful death action compensates both the estate and the statutory beneficiaries for their losses.
B. Who May Bring the Action
Under Mich. Comp. Laws Section 600.2922(2), the wrongful death action must be brought by the personal representative of the estate of the deceased person.
Personal Representative:
[Name], Personal Representative of the Estate of [Decedent Name]
Appointed: [Date] by [Probate Court], File No. [Number]
Statutory Beneficiaries (Mich. Comp. Laws Section 600.2922(3)):
Recovery is distributed for the benefit of:
- Surviving Spouse
- Children
- Descendants of Children
- Parents
- Grandparents
- Brothers and Sisters
- If none of the above: The estate
Distribution is made according to the degree of dependency and relationship to the decedent.
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
Michigan recognizes a survival action under Mich. Comp. Laws Section 600.2921, which provides:
"All actions and claims survive death."
The survival action allows recovery for damages the decedent could have recovered had death not occurred, including:
- Pain and suffering from the time of injury to death
- Medical expenses incurred prior to death
- Lost wages from date of injury to death
D. Statute of Limitations
Under Mich. Comp. Laws Section 600.5805(10), 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]
Note: For medical malpractice wrongful death cases, special notice and limitations rules apply under Mich. Comp. Laws Sections 600.2912b and 600.5838a.
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 Michigan law, spoliation of evidence may result in sanctions and adverse inferences. Brenner v. Kolk, 226 Mich. App. 149 (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], Michigan
- 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 Michigan 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 was the cause in fact and proximate cause of [Decedent's] death
4. Damages: [Decedent's] death has caused substantial damages to the estate and statutory beneficiaries
B. Michigan Comparative Negligence
Michigan follows modified comparative negligence under Mich. Comp. Laws Section 600.2959. Under this statute:
- A plaintiff's recovery is reduced by their percentage of fault
- Recovery is completely barred if the plaintiff's fault is greater than the aggregate fault of all other parties (greater than 50%)
[Decedent Name] bore no responsibility for [his/her] own death. [He/She] was:
- [Describe lawful, careful conduct]
- [Provide specific facts negating any comparative fault]
V. DAMAGES
A. Survival Action Damages (Estate Claim)
Under Mich. Comp. Laws Section 600.2921, 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 (compensable under Michigan law)
- [Describe specific suffering]
Claimed Amount: $[Amount]
2. Pre-Death Medical Expenses:
| Provider | Service | Amount |
|---|---|---|
| [Ambulance] | Transport | $[Amount] |
| [Hospital] | Emergency/ICU Care | $[Amount] |
| [Other] | [Service] | $[Amount] |
| TOTAL PRE-DEATH MEDICAL | $[Total] |
3. Pre-Death Lost Earnings:
Lost wages from date of injury to date of death: $[Amount]
B. Wrongful Death Damages
Under Mich. Comp. Laws Section 600.2922(6), recoverable damages in Michigan wrongful death actions include:
1. Reasonable Medical, Hospital, Funeral, and Burial Expenses:
| Expense | Amount |
|---|---|
| Pre-Death Medical Expenses | $[Amount] |
| Funeral Home Services | $[Amount] |
| Casket/Urn | $[Amount] |
| Cemetery/Burial Plot | $[Amount] |
| Headstone/Memorial | $[Amount] |
| Memorial Service | $[Amount] |
| TOTAL | $[Total] |
2. Loss of Financial Support (Economic Damages):
Under Mich. Comp. Laws Section 600.2922(6)(a), beneficiaries may recover for the loss of financial support:
| Factor | Value |
|---|---|
| Decedent's Annual Income | $[Amount] |
| Decedent's Age at Death | [Age] |
| Decedent's Work-Life Expectancy | [Years] |
| Percentage Contributed to Family | [%] |
| Personal Consumption Deduction | [%] |
| Present Value Discount Rate | [%] |
| TOTAL LOSS OF SUPPORT | $[Amount] |
3. Loss of Services:
Value of household services and contributions provided by the decedent:
- Childcare, household maintenance, transportation
- Estimated annual value: $[Amount]
- Present value of future lost services: $[Amount]
4. Loss of Society and Companionship (Non-Economic Damages):
Under Mich. Comp. Laws Section 600.2922(6)(c), beneficiaries may recover for:
"Loss of the society and companionship of the deceased"
| Beneficiary | Relationship | Description of Loss | Amount Claimed |
|---|---|---|---|
| [Name] | Spouse | Loss of marital companionship, love, comfort | $[Amount] |
| [Name] | Child | Loss of parental guidance, love, nurturing | $[Amount] |
| [Name] | Child | Loss of parental guidance, love, nurturing | $[Amount] |
| [Name] | Parent | Loss of child's love, companionship | $[Amount] |
| TOTAL LOSS OF SOCIETY | $[Total] |
Surviving Spouse - [Spouse Name]:
[Describe the marital relationship - years together, activities shared, closeness of relationship, impact of death on spouse]
Surviving Child - [Child Name], Age [Age]:
[Describe the parent-child relationship - activities, bond, role in child's life, impact of death on child]
[Repeat for each beneficiary]
C. Punitive/Exemplary Damages
Michigan law permits recovery of exemplary damages in wrongful death cases where the defendant's conduct was willful, wanton, or grossly negligent. Veselenak v. Smith, 414 Mich. 567 (1982).
[If applicable:] [Defendant's] conduct in this matter was [willful / wanton / grossly negligent] because [describe egregious conduct]. We reserve the right to seek exemplary damages at trial.
D. No General Damage Caps
Michigan does not cap wrongful death damages in most cases.
Exception - Medical Malpractice: For medical malpractice wrongful death cases, non-economic damages are capped under Mich. Comp. Laws Section 600.1483:
- General cap: $[Current amount, adjusted for inflation]
- Enhanced cap for certain permanent injuries
E. Summary of Damages
Survival Action (Estate Claim):
| Category | Amount |
|---|---|
| Conscious Pain and Suffering | $[Amount] |
| Pre-Death Medical Expenses | $[Amount] |
| Pre-Death Lost Earnings | $[Amount] |
| TOTAL SURVIVAL DAMAGES | $[Subtotal] |
Wrongful Death Action:
| Category | Amount |
|---|---|
| Medical/Funeral/Burial Expenses | $[Amount] |
| Loss of Financial Support | $[Amount] |
| Loss of Services | $[Amount] |
| Loss of Society and Companionship | $[Amount] |
| TOTAL WRONGFUL DEATH DAMAGES | $[Subtotal] |
TOTAL ALL DAMAGES: $[Grand Total]
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. Distribution to Beneficiaries
Under Mich. Comp. Laws Section 600.2922(3), proceeds are distributed based on degree of dependency and relationship. Subject to Court approval, settlement proceeds would be allocated as follows:
| Beneficiary | Relationship | Allocation |
|---|---|---|
| [Name] | Spouse | [%] |
| [Name] | Child | [%] |
| [Name] | Child | [%] |
| Estate | Survival Claim | [%] |
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 Michigan law:
-
You have a duty to give equal consideration to your insured's interests in settlement decisions;
-
Failure to accept a reasonable settlement demand within policy limits may expose your company to bad faith liability. Commercial Union Ins. Co. v. Liberty Mut. Ins. Co., 426 Mich. 127 (1986);
-
We demand that you immediately advise your insured of the excess exposure and of this demand.
VIII. MICHIGAN NO-FAULT CONSIDERATIONS
[If this is a motor vehicle wrongful death case:]
Important: Michigan's No-Fault Insurance Act (Mich. Comp. Laws Section 500.3101 et seq.) may affect recovery in this case.
-
Threshold Requirement: Under Mich. Comp. Laws Section 500.3135, tort liability for non-economic damages requires death, serious impairment of body function, or permanent serious disfigurement. This threshold is met by death.
-
PIP Benefits: Personal protection insurance benefits for medical expenses and attendant care are available without regard to fault.
-
Third-Party Tort Claim: This demand addresses the tort claim against the at-fault party for non-economic damages (loss of society and companionship) and excess economic damages.
IX. DOCUMENTATION ENCLOSED
- Death certificate
- Letters of authority from Probate Court
- 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]
X. 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.
Michigan law recognizes the right of family members to recover for both their economic losses and their loss of the society and companionship of their loved one. The liability in this case is clear, and the damages are substantial and well-documented.
If this matter cannot be resolved, we are prepared to file suit immediately in the [Circuit Court] of [County] County, Michigan, and prosecute this case vigorously through trial.
Please contact me at your earliest convenience to discuss resolution.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
Michigan Bar No. P[Number]
Attorney for [Personal Representative Name], Personal Representative of the Estate of [Decedent Name]
ENCLOSURES: [List]
cc: [Personal Representative]
[Beneficiaries]
[Guardian ad Litem, if applicable]
File
MICHIGAN-SPECIFIC PRACTICE NOTES
-
Action by Personal Representative: Only the personal representative of the estate can bring the wrongful death action. Must be appointed by probate court.
-
Modified Comparative Negligence: Recovery barred if decedent more than 50% at fault (greater than aggregate fault of all others).
-
Loss of Society and Companionship: Michigan specifically allows recovery for this non-economic loss by statutory beneficiaries.
-
No General Damage Caps: Michigan does not cap damages in wrongful death cases except for medical malpractice.
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No-Fault Auto Considerations: For motor vehicle deaths, must navigate Michigan's complex no-fault system. Death satisfies the tort threshold.
-
Case Evaluation: Michigan requires case evaluation in most civil cases. MCR 2.403. Sanctions apply for rejecting evaluation and not improving at trial.
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Medical Malpractice Notice: If medical malpractice case, must provide written notice 182 days before filing. Mich. Comp. Laws Section 600.2912b.
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Affidavit of Merit: Medical malpractice cases require affidavit of merit with complaint. Mich. Comp. Laws Section 600.2912d.
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Venue: County where cause of action arose or where defendant resides.
This template must be reviewed and customized by a Michigan-licensed attorney. Wrongful death claims have specific statutory requirements, and Michigan's no-fault auto system requires special consideration in vehicle death cases.