DEMAND FOR SETTLEMENT - WRONGFUL DEATH

STATE OF MISSISSIPPI

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

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 / 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 / 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 claims arising from this tragedy.

I. MISSISSIPPI STATUTORY FRAMEWORK FOR WRONGFUL DEATH

A. Wrongful Death Claim

This wrongful death claim is brought pursuant to Mississippi Code Annotated Section 11-7-13, which provides:

"Whenever the death of any person shall be caused by any real, wrongful or negligent act or omission, or by such unsafe machinery, way or appliances as would, if death had not ensued, have entitled the party injured or damaged thereby to maintain an action and recover damages in respect thereof, and such deceased person shall have left a widow, or husband, or children, or both, or father, or mother, or sister, or brother, the person or corporation, or both, that would have been liable if death had not ensued, and the representatives of such person shall be liable for damages..."

Mississippi's wrongful death statute is unique in that it combines wrongful death and survival actions into a single cause of action.

B. Who May Bring the Action - Statutory Priority

Under Miss. Code Ann. Section 11-7-13, the right to bring a wrongful death action follows a strict statutory priority:

Priority of Recovery:

1. Surviving Spouse and/or Children - have the exclusive right to sue
2. If no spouse or children: Parents, Brothers, and Sisters
3. If none of the above: Personal Representative for the estate

CRITICAL: Under Mississippi law, the statutory beneficiaries have the right to bring the action directly. The personal representative only brings the action if there are no statutory beneficiaries. Banks v. Hill, 978 So. 2d 663 (Miss. 2008).

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]

[If no spouse or children:]

• Surviving Parents:
• [Parent 1 Name]

• [Parent 2 Name]

• Surviving Siblings:

• [Sibling names]

C. No Separate Survival Action

Mississippi is unique in that it does not have a separate survival action. Under Miss. Code Ann. Section 11-7-13, the wrongful death statute encompasses both the damages suffered by the decedent and the damages suffered by the survivors. Jesco, Inc. v. Whitehead, 451 So. 2d 706 (Miss. 1984).

D. Statute of Limitations

Under Miss. Code Ann. Section 15-1-36, 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 Mississippi law, spoliation of evidence may result in sanctions and adverse inferences. Richardson v. Sara Lee Corp., 847 So. 2d 821 (Miss. 2003).

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], Mississippi
- 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 Mississippi 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 proximate cause of [Decedent's] death

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

B. Mississippi Pure Comparative Negligence

Mississippi follows pure comparative negligence under Miss. Code Ann. Section 11-7-15. 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. Mississippi Wrongful Death Damages

Under Miss. Code Ann. Section 11-7-13, recoverable damages include:

1. Damages for Decedent's Pain and Suffering:

Unlike many states, Mississippi allows recovery for the decedent's pain and suffering as part of the wrongful death action, not as a separate survival action.

[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. Loss of Decedent's Earning Capacity:

The wrongful death action recovers the present net cash value of the life expectancy of the deceased:

3. Medical Expenses:

4. Funeral and Burial Expenses:

5. Loss of Society, Companionship, and Consortium:

Mississippi recognizes the loss of society and companionship as a compensable element of wrongful death damages. Biloxi Regional Medical Center v. David, 555 So. 2d 53 (Miss. 1989).

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]

C. Damage Caps in Mississippi

Non-Economic Damage Caps:

Under Miss. Code Ann. Section 11-1-60, Mississippi caps non-economic damages in certain civil actions:

• General Cap: $1,000,000 for non-economic damages
• Medical Malpractice: $500,000 cap on non-economic damages against individual healthcare providers; $1,000,000 against institutions

IMPORTANT: The cap applies only to non-economic damages. Economic damages (lost wages, medical expenses, funeral expenses) are not capped.

Note: The Mississippi Supreme Court has upheld these caps against constitutional challenges. Learmonth v. Sears, Roebuck & Co., 631 F.3d 724 (5th Cir. 2011).

D. Punitive Damages

Under Miss. Code Ann. Section 11-1-65, punitive damages may be awarded where the defendant acted with actual malice, gross negligence which evidences a willful, wanton, or reckless disregard for the safety of others, or fraud.

[If applicable:] [Defendant's] conduct in this matter demonstrated [gross negligence / willful and wanton disregard] by [describe egregious conduct]. We reserve the right to seek punitive damages at trial.

Punitive Damage Limitations (Miss. Code Ann. Section 11-1-65(3)):
- Limited to greater of: (a) $20 million; or (b) if defendant's net worth exceeds $1 billion, 2% of net worth
- Bifurcated trial required for punitive damages

E. Summary of Damages

Note: Non-economic damages subject to Mississippi statutory caps.

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

Under Mississippi law, if there is both a surviving spouse and children, they share in the recovery. The allocation will be determined based on their respective interests:

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 Mississippi 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. American Bankers' Ins. Co. of Fla. v. Wells, 819 So. 2d 1196 (Miss. 2001);

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

VIII. DOCUMENTATION ENCLOSED

• Death certificate
• 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.

Mississippi law provides comprehensive compensation to surviving family members for both the economic and non-economic losses they have suffered. The liability in this case is clear, and the damages are substantial.

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

Please contact me at your earliest convenience to discuss resolution.

Respectfully submitted,

[FIRM NAME]

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

ENCLOSURES: [List]

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

MISSISSIPPI-SPECIFIC PRACTICE NOTES

• Statutory Beneficiary Priority: Surviving spouse and children have exclusive right to sue. Only if none exist do parents/siblings or the estate have standing.

• No Separate Survival Action: Mississippi combines survival and wrongful death into one statutory action.

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

• Non-Economic Damage Cap: $1,000,000 cap on non-economic damages in most cases; $500,000 cap in medical malpractice against individuals.

• Punitive Damages: Available with proof of gross negligence or willful/wanton disregard. Capped at $20 million or 2% of net worth for defendants over $1 billion.

• Medical Malpractice: Special procedures apply, including certificate of expert consultation requirement. Miss. Code Ann. Section 11-1-58.

• Mississippi Tort Claims Act: For claims against government entities, must comply with Miss. Code Ann. Section 11-46-1 et seq. Notice requirements and caps apply.

• Venue: Where cause of action arose, where defendant resides, or where defendant may be found.

This template must be reviewed and customized by a Mississippi-licensed attorney. Wrongful death claims have specific statutory requirements, including strict beneficiary priority rules.