DEMAND FOR SETTLEMENT - WRONGFUL DEATH

STATE OF MISSOURI

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

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): [Statutory Plaintiffs]
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 plaintiffs] 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. MISSOURI STATUTORY FRAMEWORK FOR WRONGFUL DEATH

A. Wrongful Death Claim

This wrongful death claim is brought pursuant to Missouri Revised Statutes Section 537.080, which provides:

"Whenever the death of a person results from any act, conduct, occurrence, transaction, or circumstance which, if death had not ensued, would have entitled such person to recover damages in respect thereof, the person or party who... would have been liable if death had not ensued shall be liable in an action for damages..."

Missouri's wrongful death action compensates the statutory beneficiaries for their own losses resulting from the decedent's death.

B. Who May Bring the Action - Class System

Missouri uses a unique class system for wrongful death plaintiffs under Mo. Rev. Stat. Section 537.080:

Class One Plaintiffs (Mo. Rev. Stat. Section 537.080.1):
- Spouse
- Children (or their descendants)
- Parents
- Brothers and Sisters (or their descendants)

These plaintiffs sue in their own names for their individual damages. They are NOT required to share recovery with each other.

Class Two Plaintiffs (Mo. Rev. Stat. Section 537.080.2):
- Plaintiff ad litem (if no Class One plaintiffs exist)
- Recovers for the estate

Statutory Plaintiffs 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]

• Surviving Siblings:

• [Sibling names]

C. Survival Action

Missouri recognizes a separate survival action under Mo. Rev. Stat. Section 537.020, which provides:

"Causes of action for personal injuries, other than those resulting in death, whether such injuries be to the health or to the person of the injured party, shall not abate by reason of his death..."

The survival action is brought by the personal representative of the estate and recovers damages suffered by the decedent prior to death.

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

D. Statute of Limitations

Under Mo. Rev. Stat. Section 537.100, 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 Missouri law, spoliation of evidence may result in sanctions and adverse inferences. Baldridge v. Director of Revenue, 82 S.W.3d 212 (Mo. App. 2002).

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], Missouri
- 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 Missouri negligence principles:

1. Duty: [Defendant] owed a duty of [reasonable care / safe premises / proper medical care / etc.] to [Decedent Name]. Under Missouri law, the existence of a duty is a question of law. Lopez v. Three Rivers Elec. Coop., Inc., 26 S.W.3d 151 (Mo. 2000).

2. Breach: [Defendant] breached this duty by [describe specific breaches]

3. Causation: [Defendant's] breach was the direct cause of [Decedent's] death. Missouri requires that the defendant's conduct be both the "cause in fact" and "proximate cause" of the harm. Callahan v. Cardinal Glennon Hosp., 863 S.W.2d 852 (Mo. 1993).

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

B. Missouri Pure Comparative Fault

Missouri follows pure comparative fault under Mo. Rev. Stat. Section 537.765. Under this doctrine:

• A plaintiff's recovery is reduced by their percentage of fault
• Recovery is NOT barred regardless of the plaintiff's degree of fault
• Even a plaintiff 99% at fault may recover 1% of their damages

[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 Mo. Rev. Stat. Section 537.020, 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
- [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 (Individual Plaintiff Claims)

Under Mo. Rev. Stat. Section 537.090, each statutory plaintiff may recover for their individual losses:

"In every action brought under section 537.080, the trier of the facts may give to the party or parties entitled thereto such damages as the trier of the facts may deem fair and just for the death and loss thus occasioned..."

Recoverable Damages Include:

1. Pecuniary Losses:

2. Loss of Services:

Value of household services and contributions provided by the decedent:
- Estimated annual value: $[Amount]
- Present value of future lost services: $[Amount]

3. Funeral and Burial Expenses:

4. Loss of Consortium, Companionship, Comfort, Instruction, Guidance, Counsel, Training, and Support:

Missouri courts have recognized these elements as compensable in wrongful death actions. Stojkovic v. Weller, 802 S.W.2d 152 (Mo. 1991).

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 statutory plaintiff]

5. Mental Anguish and Grief:

Each statutory plaintiff may recover for their mental anguish and grief resulting from the death:

C. Punitive Damages

Under Missouri law, punitive damages are available where the defendant's conduct showed "complete indifference to or conscious disregard for the safety of others." Rodriguez v. Suzuki Motor Corp., 936 S.W.2d 104 (Mo. 1996).

[If applicable:] [Defendant's] conduct demonstrated complete indifference to safety by [describe egregious conduct]. We reserve the right to seek punitive damages at trial.

Punitive Damage Cap (Mo. Rev. Stat. Section 510.265):
Missouri caps punitive damages at the greater of:
- $500,000; or
- Five times the net amount of the judgment awarded to the plaintiff against the defendant

D. No Caps on Compensatory Damages

Missouri does not cap compensatory damages in wrongful death cases. The Missouri Supreme Court struck down damage caps as unconstitutional in Watts v. Lester E. Cox Med. Ctrs., 376 S.W.3d 633 (Mo. 2012).

E. Summary of Damages

Survival Action (Estate Claim):

Wrongful Death Action (Individual Claims):

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. Allocation Among Plaintiffs

Under Missouri law, each Class One plaintiff has an individual claim and is not required to share with others. 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 Missouri 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. Zumwalt v. Utilities Ins. Co., 228 S.W.2d 750 (Mo. 1950);

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

VIII. DOCUMENTATION ENCLOSED

• Death certificate
• Letters testamentary/administration (for survival action)
• 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.

Missouri law recognizes each statutory plaintiff's individual right to recover for their losses. 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, Missouri, and prosecute this case vigorously through trial.

Please contact me at your earliest convenience to discuss resolution.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Missouri Bar No. [Number]
Attorney for [Claimant Name(s)]

ENCLOSURES: [List]

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

MISSOURI-SPECIFIC PRACTICE NOTES

• Class System: Class One plaintiffs (spouse, children, parents, siblings) sue individually. They are NOT required to share recovery.

• Pure Comparative Fault: Even a plaintiff 99% at fault can recover 1% of damages.

• No Compensatory Damage Caps: Missouri Supreme Court struck down damage caps as unconstitutional in Watts v. Lester E. Cox Med. Ctrs. (2012).

• Punitive Damage Cap: Punitive damages capped at greater of $500,000 or 5x net judgment.

• Separate Survival Action: Brought by personal representative for decedent's pre-death damages.

• Affidavit of Merit: Medical malpractice cases require affidavit of merit. Mo. Rev. Stat. Section 538.225.

• Government Claims: Claims against public entities governed by Mo. Rev. Stat. Section 537.600 et seq. Notice and caps apply.

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

• Multiple Defendants: Missouri applies joint and several liability for economic damages with defendant more than 51% at fault. Mo. Rev. Stat. Section 537.067.

This template must be reviewed and customized by a Missouri-licensed attorney. Wrongful death claims have specific statutory requirements, including the unique class system for statutory plaintiffs.