DEMAND FOR SETTLEMENT - WRONGFUL DEATH
STATE OF NORTH DAKOTA
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, North Dakota ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of North Dakota
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 DAKOTA WRONGFUL DEATH STATUTORY FRAMEWORK
A. Wrongful Death Act - N.D.C.C. Section 32-21-01
This wrongful death claim is brought pursuant to North Dakota Century Code Section 32-21-01, which provides:
"Whenever the death of a person shall be caused by a wrongful act, neglect, or default such as would have entitled the party injured, if death had not ensued, to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable in an action for damages..."
See Peterson v. Zerr, 477 N.W.2d 230 (N.D. 1991); Berg v. Clermont Rust Proofing, Inc., 500 N.W.2d 573 (N.D. 1993).
B. Who May Bring the Action
Under N.D.C.C. Section 32-21-03, the action must be brought by the personal representative of the decedent's estate for the benefit of specific beneficiaries.
Personal Representative:
[Personal Representative Name]
Appointed: [Date] by the [District Court for [County] County, North Dakota]
Probate Case No.: [Case Number]
Letters Testamentary/Administration Issued: [Date]
C. Beneficiaries
Under N.D.C.C. Section 32-21-04, damages recovered are for the benefit of:
| Beneficiary | Relationship | Statutory Basis |
|---|---|---|
| [Name] | Surviving Spouse | N.D.C.C. Section 32-21-04 |
| [Name] | Child | N.D.C.C. Section 32-21-04 |
| [Name] | Parent | N.D.C.C. Section 32-21-04 |
| [Additional beneficiaries] | [Relationship] | [Basis] |
D. Statute of Limitations
Under N.D.C.C. Section 28-01-18, 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.D.C.C. Section 28-01-26.1
In addition to the wrongful death action, a survival claim is brought pursuant to N.D.C.C. Section 28-01-26.1, 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 Dakota law.
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 Dakota
- 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 Dakota law, a wrongful death claim lies when death is caused by a wrongful act, neglect, or default. Peterson v. Zerr, 477 N.W.2d 230 (N.D. 1991).
Elements of Negligence:
-
Duty: [Defendant] owed a duty of [reasonable care / safe premises / proper medical care / etc.] to [Decedent Name]
-
Breach: [Defendant] breached this duty by:
- [Describe specific breaches with particularity]
- [Additional breaches] -
Causation: [Defendant's] breach was the actual and proximate cause of [Decedent's] death
-
Damages: [Decedent Name]'s death resulted in damages recoverable under North Dakota law
B. Negligence Per Se (If Applicable)
[Defendant] violated [North Dakota statute or regulation], which was designed to protect [class of persons] from [type of harm]. Under North Dakota law, violation of a statute designed to protect a class of persons may constitute evidence of negligence.
C. North Dakota's Modified Comparative Fault Rule
North Dakota follows modified comparative fault under N.D.C.C. Section 32-03.2-02. The plaintiff's damages are reduced by the percentage of fault attributable to the plaintiff, and recovery is barred if the plaintiff's fault is 50% or greater.
[Decedent Name] Was Not At Fault:
[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 comparative fault on the part of [Decedent Name] would be frivolous and unsupported by the facts.
V. DAMAGES
A. NORTH DAKOTA WRONGFUL DEATH DAMAGES
Under N.D.C.C. Section 32-21-02, wrongful death damages in North Dakota include:
- Grief, anguish, and bereavement of surviving spouse and relatives
- Loss of companionship and society
- Medical and funeral expenses
- Loss of support and income
- Loss of services
IMPORTANT - NON-ECONOMIC DAMAGE CAP:
Under N.D.C.C. Section 32-42-02, non-economic damages are capped at $500,000.
See Berg v. Clermont Rust Proofing, Inc., 500 N.W.2d 573 (N.D. 1993).
B. ECONOMIC DAMAGES
1. Loss of Support and Income:
[Decedent Name] was [Age] years old at death with a work-life expectancy of [Years] years.
| Category | Calculation | Amount |
|---|---|---|
| Annual Earnings | $[Amount] | |
| Benefits (Value at [%]) | $[Amount] | |
| Annual Increases (Projected) | [%] | |
| Work-Life Expectancy | [Years] years | |
| Present Value of Lost Support | $[Amount] |
Based on expert economic analysis
2. Loss of Services:
| Service | Annual Value | Years | Present Value |
|---|---|---|---|
| Household Services | $[Amount] | [Years] | $[Amount] |
| Childcare/Guidance | $[Amount] | [Years] | $[Amount] |
| TOTAL | $[Amount] |
3. Pre-Death Medical Expenses:
| Provider | Service | Amount |
|---|---|---|
| [Ambulance] | Transport | $[Amount] |
| [Hospital] | Emergency/ICU Care | $[Amount] |
| [Other Providers] | [Service] | $[Amount] |
| TOTAL PRE-DEATH MEDICAL | $[Total] |
4. Funeral and Burial Expenses:
| Expense | Amount |
|---|---|
| Funeral Home Services | $[Amount] |
| Casket/Urn | $[Amount] |
| Cemetery/Burial Plot | $[Amount] |
| Headstone/Memorial | $[Amount] |
| Other Expenses | $[Amount] |
| TOTAL FUNERAL EXPENSES | $[Total] |
C. NON-ECONOMIC DAMAGES (SUBJECT TO $500,000 CAP)
1. Grief, Anguish, and Bereavement:
North Dakota specifically permits recovery for grief, anguish, and bereavement suffered by surviving relatives.
| Beneficiary | Relationship | Grief and Bereavement |
|---|---|---|
| [Spouse Name] | Surviving Spouse | [Describe grief and anguish] |
| [Child Name] | Child | [Describe emotional impact] |
| [Parent Name] | Parent | [Describe grief] |
Claimed Grief, Anguish, and Bereavement: $[Amount]
2. Loss of Companionship and Society:
| Beneficiary | Relationship | Loss Description |
|---|---|---|
| [Spouse Name] | Surviving Spouse | [Describe loss of companionship, society] |
| [Child Name] | Child | [Describe loss] |
Claimed Loss of Companionship and Society: $[Amount]
TOTAL NON-ECONOMIC DAMAGES: $[Amount] (Subject to $500,000 cap)
3. Pre-Death Pain and Suffering (Survival Action):
[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. Summary of Damages
Wrongful Death Damages:
| Category | Amount |
|---|---|
| Loss of Support and Income | $[Amount] |
| Loss of Services | $[Amount] |
| Medical Expenses | $[Amount] |
| Funeral Expenses | $[Amount] |
| Non-Economic Damages (subject to cap) | $[Amount] |
| TOTAL WRONGFUL DEATH DAMAGES | $[Subtotal] |
Survival Action Damages:
| Category | Amount |
|---|---|
| Pre-Death Pain and Suffering | $[Amount] |
| Pre-Death Lost Wages | $[Amount] |
| TOTAL SURVIVAL DAMAGES | $[Subtotal] |
TOTAL ALL DAMAGES: $[Grand Total]
VI. SETTLEMENT DEMAND
A. Demand Amount
Based upon the clear liability of [Defendant], the substantial economic losses, and the non-economic damages (within the statutory cap), 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 Dakota law, wrongful death recovery is distributed among the statutory beneficiaries:
| Beneficiary | Relationship | Share |
|---|---|---|
| [Spouse Name] | Surviving Spouse | [Percentage/Amount] |
| [Child Name] | Child | [Percentage/Amount] |
| [Additional beneficiaries] | [Relationship] | [Percentage/Amount] |
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 District Court for [County] County, North Dakota.
VII. BAD FAITH / EXCESS LIABILITY NOTICE
Please be advised that our client's damages may substantially exceed the available policy limits. Under North Dakota law:
-
An insurer has a duty to act in good faith in evaluating and responding to claims.
-
North Dakota's Unfair Claims Settlement Practices Act, N.D.C.C. Section 26.1-04-03, prohibits unfair settlement practices.
-
Failure to accept a reasonable settlement demand within policy limits may expose the insurer to liability.
-
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 companionship.
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 District Court for [County] County, North Dakota.
Please contact me at your earliest convenience to discuss resolution.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
North Dakota Bar ID No. [Number]
Attorney for the Estate of [Decedent Name]
ENCLOSURES: [List]
cc: [Personal Representative]
[File]
NORTH DAKOTA-SPECIFIC PRACTICE NOTES
Critical North Dakota Wrongful Death Considerations:
-
NON-ECONOMIC DAMAGE CAP: North Dakota caps non-economic damages at $500,000. N.D.C.C. Section 32-42-02.
-
GRIEF, ANGUISH, AND BEREAVEMENT: North Dakota specifically permits recovery for grief, anguish, and bereavement.
-
MODIFIED COMPARATIVE FAULT: North Dakota bars recovery if the plaintiff is 50% or more at fault. N.D.C.C. Section 32-03.2-02.
-
PERSONAL REPRESENTATIVE BRINGS ACTION: Only the personal representative may bring the wrongful death action.
-
SURVIVAL ACTION: Separate from wrongful death; allows recovery of pre-death damages.
-
PUNITIVE DAMAGES: May be available for willful or wanton conduct.
-
MEDICAL MALPRACTICE: Special procedures may apply. N.D.C.C. Chapter 32-42.
North Dakota Venue and Procedure:
- Venue: County where defendant resides, where cause of action arose, or as provided by statute. N.D.C.C. Section 28-04-05.
- Service: N.D.R. Civ. P. 4.
Key Case Law:
- Peterson v. Zerr, 477 N.W.2d 230 (N.D. 1991) - Elements of wrongful death
- Berg v. Clermont Rust Proofing, Inc., 500 N.W.2d 573 (N.D. 1993) - Wrongful death damages
North Dakota wrongful death law requires attention to the non-economic damage cap. This template must be customized by a licensed North Dakota attorney.