DEMAND FOR SETTLEMENT - WRONGFUL DEATH

STATE OF MONTANA

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

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 / Heirs]
Claim Number: [If assigned]
Policy Number: [If known]

Dear [Recipient Name]:

This firm represents [Claimant Name(s)] in their capacity as [personal representative of the Estate of [Decedent Name] / heirs 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. MONTANA STATUTORY FRAMEWORK FOR WRONGFUL DEATH

A. Wrongful Death Claim

This wrongful death claim is brought pursuant to Montana Code Annotated Section 27-1-513, which provides:

"A claim may be maintained against a person or corporation whose wrongful act, neglect, or default caused the death for the damages sustained by the heirs or the personal representative of the deceased on behalf of the heirs."

Montana's wrongful death statute provides for recovery by the heirs for their losses resulting from the decedent's death.

B. Who May Bring the Action

Under Mont. Code Ann. Section 27-1-512, the wrongful death action may be brought by:

1. The heirs or personal representatives of the decedent

Heirs Under Montana Law (Mont. Code Ann. Section 27-1-513):

Montana defines "heirs" broadly to include those who would inherit under intestate succession:
- Surviving Spouse
- Children
- Parents
- Siblings
- Other relatives based on degree of kinship

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

Heirs/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

Montana recognizes a survival action under Mont. Code Ann. Section 27-1-501, which provides:

"Except as otherwise provided by law, no cause of action, whether arising on contract or otherwise, abates by death of any or all of the parties."

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 Mont. Code Ann. Section 27-2-204, 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 Montana law, spoliation of evidence may result in sanctions and adverse inferences. Oliver v. Stimson Lumber Co., 297 Mont. 336 (1999).

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], Montana
- 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 Montana 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 actual and proximate cause of [Decedent's] death. Montana uses the "substantial factor" test for causation. Busta v. Columbus Hosp. Corp., 276 Mont. 342 (1996).

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

B. Montana Comparative Negligence

Montana follows modified comparative negligence under Mont. Code Ann. Section 27-1-702. Under this statute:

• A plaintiff's recovery is reduced by their percentage of fault
• Recovery is completely barred if the plaintiff's negligence is equal to or greater than the combined negligence of all persons against whom recovery is sought (50% or more)

[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 Mont. Code Ann. Section 27-1-501, 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

Under Mont. Code Ann. Section 27-1-513, recoverable damages in Montana wrongful death actions include damages "sustained by the heirs." Montana courts have interpreted this to include:

1. Loss of Financial Support:

2. 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]

3. Loss of Guidance, Comfort, and Companionship:

Montana recognizes the right of heirs to recover for the loss of the decedent's guidance, comfort, companionship, and consortium. Duran v. Buttrey Foods, Inc., 261 Mont. 309 (1993).

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]

4. Funeral and Burial Expenses:

C. Punitive Damages

Under Mont. Code Ann. Section 27-1-221, punitive damages may be awarded where the defendant was guilty of "actual fraud or actual malice." Montana law requires clear and convincing evidence to support punitive damages.

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

Punitive Damage Cap: Montana does not generally cap punitive damages, but the Montana Constitution requires that punitive damages be "reasonable."

D. Damage Caps in Montana

General Wrongful Death Cases: Montana does not cap compensatory damages in wrongful death cases.

Medical Malpractice Exception:
Under Mont. Code Ann. Section 25-9-411, non-economic damages in medical malpractice actions are capped at $250,000.

[If medical malpractice case:] The non-economic damage cap of $250,000 may apply to this claim. However, economic damages are not capped.

E. Summary of Damages

Survival Action (Estate Claim):

Wrongful Death Action:

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 Heirs

Settlement proceeds would be distributed among the heirs based on Montana's intestate succession rules or as agreed among the heirs, subject to Court approval:

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 Montana 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. Montana recognizes the implied covenant of good faith and fair dealing in insurance contracts. Ridley v. Guaranty Nat'l Ins. Co., 286 Mont. 325 (1997);

3. Montana also provides for statutory bad faith claims under Mont. Code Ann. Section 33-18-201 et seq. (Unfair Trade Practices Act);

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

VIII. DOCUMENTATION ENCLOSED

• Death certificate
• Letters testamentary/administration
• 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.

Montana law provides comprehensive recovery to heirs for their economic and non-economic 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 [District Court] of [County] County, Montana, and prosecute this case vigorously through trial.

Please contact me at your earliest convenience to discuss resolution.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Montana Bar No. [Number]
Attorney for [Claimant Name(s)] / Estate of [Decedent Name]

ENCLOSURES: [List]

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

MONTANA-SPECIFIC PRACTICE NOTES

• Heirs or Personal Representative: Either may bring the action. "Heirs" defined broadly under intestate succession.

• Modified Comparative Negligence (50% Bar): Recovery barred if decedent 50% or more at fault.

• No General Damage Caps: Montana does not cap damages in wrongful death cases except for medical malpractice.

• Medical Malpractice Cap: $250,000 cap on non-economic damages in medical malpractice cases only.

• Punitive Damages: Available with "actual fraud or actual malice." Clear and convincing evidence required.

• Unfair Trade Practices: Montana's UTPA (Section 33-18-201) provides additional remedies against insurers for bad faith.

• Government Claims: Claims against state or local government subject to Montana Tort Claims Act, Mont. Code Ann. Section 2-9-101 et seq. Notice and caps apply.

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

• Joint and Several Liability: Montana generally follows several liability for non-economic damages. Mont. Code Ann. Section 27-1-703.

This template must be reviewed and customized by a Montana-licensed attorney. Wrongful death claims have specific statutory requirements and procedural rules.