DEMAND FOR SETTLEMENT - WRONGFUL DEATH

STATE OF MINNESOTA

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

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): [Trustee for Next of Kin]
Claim Number: [If assigned]
Policy Number: [If known]

Dear [Recipient Name]:

This firm represents [Trustee Name], in [his/her] capacity as Trustee for the Next of Kin 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. MINNESOTA STATUTORY FRAMEWORK FOR WRONGFUL DEATH

A. Wrongful Death Claim

This wrongful death claim is brought pursuant to Minnesota Statutes Section 573.02, which provides:

"When death is caused by the wrongful act or omission of any person or corporation, the trustee appointed as provided in subdivision 3 may maintain an action therefor if the decedent might have maintained an action, had the decedent lived, for an injury caused by the wrongful act or omission."

Minnesota's wrongful death statute creates a unified cause of action combining elements traditionally separated into wrongful death and survival claims.

B. Who May Bring the Action

Under Minn. Stat. Section 573.02, subd. 3, the wrongful death action must be brought by a trustee appointed by the court. The trustee acts for the benefit of the next of kin.

Trustee:
[Name], Trustee for the Next of Kin of [Decedent Name]
Appointed: [Date] by [District Court], File No. [Number]

Next of Kin / Beneficiaries:

Under Minnesota law, "next of kin" includes those who would inherit under intestate succession:

1. Surviving Spouse
2. Children (and descendants of deceased children)
3. Parents
4. Siblings (and their descendants)
5. Grandparents and their descendants

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 - Integrated Under Section 573.02

Unlike most states, Minnesota combines the survival action and wrongful death action into a single statutory cause of action under Minn. Stat. Section 573.02. This allows recovery for both:
- Damages suffered by the decedent prior to death (survival component)
- Damages suffered by the next of kin due to the death (wrongful death component)

Under Minn. Stat. Section 573.01, all actions survive the death of the party in whose favor they existed.

D. Statute of Limitations

Under Minn. Stat. Section 573.02, subd. 1, 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 Minnesota law, spoliation of evidence may result in sanctions and adverse inferences. Patton v. Newmar Corp., 538 N.W.2d 116 (Minn. 1995).

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], Minnesota
- 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 Minnesota 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 a direct cause of [Decedent's] death. Under Flom v. Flom, 291 N.W.2d 914 (Minn. 1980), Minnesota applies the "substantial factor" test for causation.

4. Damages: [Decedent's] death has caused substantial damages to the next of kin

B. Minnesota Comparative Fault

Minnesota follows modified comparative fault under Minn. Stat. Section 604.01. 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 combined fault of all persons whose fault contributed to the injury (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. Minnesota's Comprehensive Damage Statute

Under Minn. Stat. Section 573.02, subd. 1, Minnesota allows recovery of comprehensive damages in wrongful death actions:

"The recovery in such action shall be for the exclusive benefit of the surviving spouse and next of kin, and shall be proportioned to them according to their respective dependency upon the deceased... The recovery in such action includes damages for loss of support and services, loss of aid, advice, comfort, assistance, and protection, loss of consortium, loss of prospective inheritance, loss of education, reasonable funeral and burial expenses, and reasonable costs of medical and other care and treatment for the injury or disease that caused the death..."

B. Decedent's Pre-Death Damages (Survival Component)

1. Conscious Pain and Suffering:

Minnesota allows recovery for the decedent's conscious pain and suffering as part of the wrongful death action. Fussner v. Andert, 261 Minn. 347 (1961).

[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
- [Describe specific suffering]

Claimed Amount: $[Amount]

2. Pre-Death Medical Expenses:

C. Wrongful Death Damages (Next of Kin)

1. Loss of Support and Services:

2. Loss of Aid, Advice, Comfort, Assistance, and Protection:

This is a separate category of damages recognized under Minnesota law for the intangible support provided by the decedent:

3. Loss of Consortium (Spouse Only):

[Spouse Name] has lost the consortium, companionship, and intimate relationship with [Decedent Name]:

4. Loss of Prospective Inheritance:

Under Minnesota law, next of kin may recover for the loss of the inheritance they would have received but for the premature death:

Expected estate accumulation: $[Amount]

5. Loss of Education (Minor Children):

For minor children, Minnesota allows recovery for the lost parental guidance, training, and education:

6. Grief and Mental Anguish:

Minnesota recognizes grief and mental anguish of next of kin as compensable. Schmitt v. Jenkins Truck Lines, Inc., 260 Minn. 415 (1961).

7. Funeral and Burial Expenses:

D. Punitive Damages

Under Minn. Stat. Section 549.20, punitive damages are available in Minnesota where there is clear and convincing evidence that the defendant's acts showed deliberate disregard for the rights or safety of others.

[If applicable:] [Defendant's] conduct demonstrated deliberate disregard for the safety of others by [describe egregious conduct]. We reserve the right to seek punitive damages at trial.

Note: Punitive damages in Minnesota are subject to distribution requirements: the state receives a portion of any punitive damage award.

E. No Damage Caps

Minnesota does not cap damages in wrongful death cases. This includes both economic and non-economic damages.

F. Summary of Damages

Pre-Death Damages (Survival Component):

Wrongful Death Damages (Next of Kin):

TOTAL ALL DAMAGES: $[Grand Total]

VI. SETTLEMENT DEMAND

A. Demand Amount

Based upon the clear liability of [Defendant], the catastrophic loss suffered by the next of kin, 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 Next of Kin

Under Minn. Stat. Section 573.02, subd. 1, recovery is "proportioned to [the next of kin] according to their respective dependency upon the deceased." Subject to Court approval, 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 Minnesota 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. Short v. Dairyland Ins. Co., 334 N.W.2d 384 (Minn. 1983);

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

VIII. DOCUMENTATION ENCLOSED

• Death certificate
• Order appointing trustee
• 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.

Minnesota's comprehensive wrongful death statute recognizes the full measure of loss suffered by the surviving next of kin. 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 District Court of [County] County, Minnesota, and prosecute this case vigorously through trial.

Please contact me at your earliest convenience to discuss resolution.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Minnesota Attorney No. [Number]
Attorney for [Trustee Name], Trustee for the Next of Kin of [Decedent Name]

ENCLOSURES: [List]

cc: [Trustee]
[Next of Kin]
[Guardian ad Litem, if applicable]
File

MINNESOTA-SPECIFIC PRACTICE NOTES

• Trustee Requirement: Action must be brought by court-appointed trustee, not by individual next of kin or personal representative. Must petition the district court for trustee appointment.

• Unified Action: Minnesota combines survival and wrongful death into single statutory action under Section 573.02.

• Modified Comparative Fault (51% Bar): Recovery barred if decedent more than 50% at fault.

• Comprehensive Damages: Minnesota statute specifically enumerates extensive damage categories including prospective inheritance, education, grief, and mental anguish.

• No Damage Caps: Minnesota does not cap wrongful death damages.

• Loss of Consortium: Recognized for spouse; loss of parental guidance recognized for children.

• Punitive Damages: Available with clear and convincing evidence of deliberate disregard; state receives portion of award.

• No-Fault Auto: Minnesota is a no-fault state. For motor vehicle deaths, the tort threshold is met by death.

• Venue: Where cause of action arose or where defendant resides.

• ADR Requirements: Minnesota requires ADR consideration in most civil cases. Minn. Gen. R. Prac. 114.

This template must be reviewed and customized by a Minnesota-licensed attorney. Wrongful death claims have specific statutory requirements, including the trustee appointment process.