DEMAND FOR SETTLEMENT - WRONGFUL DEATH

STATE OF NORTH CAROLINA

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

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]
Personal Representative: [Personal Representative Name]
Claim Number: [If assigned]
Policy Number: [If known]

Dear [Recipient Name]:

This firm represents [Personal Representative Name], as Personal Representative of the Estate of [Decedent Name], deceased, 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 the wrongful death claim arising from this tragedy.

I. NORTH CAROLINA WRONGFUL DEATH STATUTORY FRAMEWORK

A. Wrongful Death Act - N.C. Gen. Stat. Section 28A-18-2

This wrongful death claim is brought pursuant to North Carolina General Statutes Section 28A-18-2, which provides:

"When the death of a person is caused by a wrongful act, neglect or default of another, such as would, if the injured person had lived, have entitled him to an action for damages therefor, the person or corporation that would have been so liable... shall be liable to an action for damages..."

See Christenbury v. Hedrick, 32 N.C. App. 708, 234 S.E.2d 3 (1977); Azzolino v. Dingfelder, 315 N.C. 103, 337 S.E.2d 528 (1985).

CRITICAL DISTINCTION - CONTRIBUTORY NEGLIGENCE:

North Carolina is one of only five jurisdictions (including Alabama, DC, Maryland, and Virginia) that follows pure contributory negligence. Any negligence by the decedent, however slight, that contributed to the injury resulting in death completely bars recovery.

B. Who May Bring the Action

Under N.C. Gen. Stat. Section 28A-18-2(a), the action must be brought by the personal representative of the decedent's estate.

Personal Representative:
[Personal Representative Name]
Appointed: [Date] by the [Clerk of Superior Court of [County] County, North Carolina]
Estate File No.: [File Number]
Letters Testamentary/Administration Issued: [Date]

C. Beneficiaries

Under N.C. Gen. Stat. Section 28A-18-2(a), damages recovered are distributed according to the Intestate Succession Act:

D. Statute of Limitations

Under N.C. Gen. Stat. Section 1-53(4), the wrongful death action must be commenced within two (2) years from the date of death.

• Date of Death: [Date of Death]
• Limitations Period Expires: [Expiration Date]

E. Survival Action - N.C. Gen. Stat. Section 28A-18-1

In addition to the wrongful death action, a survival claim is brought pursuant to N.C. Gen. Stat. Section 28A-18-1, which provides that causes of action survive the death of the injured party. The survival action allows recovery of:

• Medical expenses incurred prior to death
• Pain and suffering experienced by decedent prior to death
• Lost wages from injury to death

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]

Spoliation of evidence will result in sanctions and adverse inferences under North Carolina law. McLain v. Taco Bell Corp., 137 N.C. App. 179, 527 S.E.2d 712 (2000).

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], North Carolina
- Occupation: [Occupation/Employer]
- Annual Income: $[Amount]
- Education: [Education level]

Family:
- Spouse: [Name], married [years]
- Children: [Names and ages]
- Parents: [Names, if surviving]
- [Other relevant family information]

Character and Standing in the Community:
[Describe the decedent's character, community involvement, and relationships]

B. The Incident Causing Death

On [Date], at approximately [Time], [describe the incident with specificity]:

[Detailed factual description of the incident, the defendant's conduct, and how it caused the 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] injuries
- Suffered extreme physical pain from [injuries]
- [Describe other suffering during survival period]

This conscious pain and suffering is compensable under the survival action.

IV. LIABILITY ANALYSIS

A. Negligence / Liability of Defendant

[Defendant Name] is liable for the wrongful death of [Decedent Name]. Under North Carolina law, a wrongful death claim lies when death is caused by the wrongful act, neglect, or default of another. Christenbury v. Hedrick, 32 N.C. App. 708 (1977).

Elements of Negligence:

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 with particularity]
   - [Additional breaches]

3. Causation: [Defendant's] breach was the actual and proximate cause of [Decedent's] death

4. Damages: [Decedent Name]'s death resulted in damages recoverable under North Carolina law

B. Negligence Per Se (If Applicable)

[Defendant] violated [North Carolina statute or regulation], which was designed to protect [class of persons] from [type of harm]. Under North Carolina law, violation of a statute designed to protect a class of persons constitutes negligence per se. Davis v. Jessup, 257 N.C. 215, 125 S.E.2d 440 (1962).

C. North Carolina's Contributory Negligence Rule

CRITICAL - NORTH CAROLINA FOLLOWS CONTRIBUTORY NEGLIGENCE

North Carolina applies pure contributory negligence. Under this doctrine, if the plaintiff (decedent) was guilty of any negligence that proximately contributed to the injury, recovery is completely barred. Smith v. Fiber Controls Corp., 300 N.C. 669, 268 S.E.2d 504 (1980).

Exception - Last Clear Chance:

North Carolina recognizes the last clear chance doctrine, which permits recovery where the defendant had the last clear opportunity to avoid the accident.

[Decedent Name] Was Not Negligent:

[Decedent Name] bore absolutely no fault for [his/her] own death. [He/She] was:
- [Describe lawful, careful conduct]
- [Additional evidence of due care]
- [Explain why decedent had no opportunity to avoid the harm]

Any assertion of contributory negligence on the part of [Decedent Name] would be frivolous and unsupported by the facts.

V. DAMAGES

A. NORTH CAROLINA WRONGFUL DEATH DAMAGES

Under N.C. Gen. Stat. Section 28A-18-2(b), damages in a wrongful death action include:

1. Expenses of medical and hospital care prior to death
2. Funeral and burial expenses (if paid by estate)
3. Loss of income from date of death to trial
4. Present value of future net income decedent would have earned
5. Loss of services, protection, care, and assistance
6. Loss of society, companionship, comfort, guidance, kindly offices, and advice
7. Compensation for pain and suffering of decedent (if survival period)
8. Punitive damages (if willful or wanton conduct)

See Azzolino v. Dingfelder, 315 N.C. 103, 337 S.E.2d 528 (1985).

B. ECONOMIC DAMAGES

1. Lost Income:

[Decedent Name] was [Age] years old at death with a work-life expectancy of [Years] years.

Based on expert economic analysis

2. Loss of Services:

3. Pre-Death Medical Expenses:

4. Funeral and Burial Expenses:

C. NON-ECONOMIC DAMAGES

1. Loss of Society, Companionship, Comfort, and Guidance:

North Carolina fully recognizes recovery for loss of society, companionship, comfort, guidance, kindly offices, and advice.

Claimed Loss of Society and Companionship: $[Amount]

2. Pre-Death Pain and Suffering (Survival):

[Decedent Name] survived for [time period] following the initial injury. During this time, [he/she]:
- Experienced severe physical pain from [describe injuries]
- Suffered mental anguish and emotional distress
- [Was aware of impending death / feared for his/her life]

Claimed Pre-Death Pain and Suffering: $[Amount]

D. PUNITIVE DAMAGES (IF APPLICABLE)

Under N.C. Gen. Stat. Section 28A-18-2(b)(5), punitive damages may be recovered if the defendant's conduct was:
- Willful
- Wanton
- Malicious
- Showed reckless disregard for human life

Note: Punitive damages are capped at the greater of $250,000 or three times compensatory damages.

[If applicable, describe conduct supporting punitive damages]

Claimed Punitive Damages: $[Amount]

E. Summary of Damages

Wrongful Death Damages:

Survival Action Damages:

Punitive Damages (if applicable): $[Amount]

TOTAL ALL DAMAGES: $[Grand Total]

VI. SETTLEMENT DEMAND

A. Demand Amount

Based upon the clear liability of [Defendant], the substantial economic losses, and the significant 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 of Recovery

Under North Carolina law, wrongful death recovery is distributed according to the Intestate Succession Act:

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 the clear liability and substantial damages in this case, failure to respond appropriately may result in the immediate filing of a wrongful death complaint in the Superior Court of [County] County, North Carolina.

VII. BAD FAITH / EXCESS LIABILITY NOTICE

Please be advised that our client's damages may substantially exceed the available policy limits. Under North Carolina law:

1. An insurer has a duty to act in good faith. Keller v. Deerfield Episcopal Ret. Cmty., Inc., 271 N.C. App. 618, 845 S.E.2d 156 (2020).

2. North Carolina's Unfair and Deceptive Trade Practices Act, N.C. Gen. Stat. Section 75-1.1, may apply to unfair insurance practices.

3. Failure to accept a reasonable settlement demand within policy limits may expose the insurer to liability.

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

VIII. DOCUMENTATION ENCLOSED

• Death certificate
• Letters Testamentary / Letters of Administration
• Medical records and bills (pre-death treatment)
• Autopsy report (if applicable)
• Funeral and burial expense receipts
• Police/incident report
• Witness statements
• Photographs
• Proof of earnings/income documentation
• [Other case-specific documentation]

IX. CONCLUSION

The wrongful death of [Decedent Name] was caused entirely by [Defendant's] [negligence / wrongful conduct]. [Decedent Name] bore no fault whatsoever for [his/her] own death.

[Decedent Name] was a [describe decedent's value and the loss to family and community]. [His/Her] death has devastated [his/her] family and deprived them of [his/her] love, support, and guidance.

We urge you to resolve this matter fairly and promptly. If this matter cannot be resolved, we are prepared to file suit immediately in the Superior Court of [County] County, North Carolina.

Please contact me at your earliest convenience to discuss resolution.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
North Carolina State Bar No. [Number]
Attorney for the Estate of [Decedent Name]

ENCLOSURES: [List]

cc: [Personal Representative]
[File]

NORTH CAROLINA-SPECIFIC PRACTICE NOTES

Critical North Carolina Wrongful Death Considerations:

1. CONTRIBUTORY NEGLIGENCE: North Carolina follows pure contributory negligence. ANY fault by the decedent completely bars recovery. This is critical to address.

2. LAST CLEAR CHANCE: The last clear chance doctrine may permit recovery despite some contributory negligence if defendant had the final opportunity to avoid harm.

3. COMPREHENSIVE DAMAGES: Unlike some states, North Carolina allows recovery for loss of society, companionship, comfort, guidance, and kindly offices.

4. PERSONAL REPRESENTATIVE REQUIRED: Only the personal representative may bring the wrongful death action.

5. PUNITIVE DAMAGES CAP: Punitive damages are capped at the greater of $250,000 or three times compensatory damages. N.C. Gen. Stat. Section 1D-25.

6. MEDICAL MALPRACTICE: Non-economic damages capped at $500,000. N.C. Gen. Stat. Section 90-21.19.

7. SURVIVAL ACTION: Separate from wrongful death; allows recovery of pre-death pain and suffering.

8. RULE 9(j): Medical malpractice complaints require certification that expert has reviewed case. N.C. R. Civ. P. 9(j).

North Carolina Venue and Procedure:

• Venue: County where defendant resides, where cause of action arose, or where plaintiff resides if defendant is a corporation. N.C. Gen. Stat. Section 1-82.
• Service: N.C. R. Civ. P. 4.
• Rule 9(j) Certification: Required in medical malpractice.

Key Case Law:

• Azzolino v. Dingfelder, 315 N.C. 103, 337 S.E.2d 528 (1985) - Wrongful death damages
• Christenbury v. Hedrick, 32 N.C. App. 708 (1977) - Elements of wrongful death
• Smith v. Fiber Controls Corp., 300 N.C. 669 (1980) - Contributory negligence

North Carolina wrongful death law requires careful attention to the contributory negligence rule. This template must be customized by a licensed North Carolina attorney.