DEMAND FOR SETTLEMENT - WRONGFUL DEATH

STATE OF NEBRASKA

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

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

Dear [Recipient Name]:

This firm represents [Personal Representative Name], in [his/her] capacity as 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 and survival claims arising from this tragedy.

I. NEBRASKA STATUTORY FRAMEWORK FOR WRONGFUL DEATH

A. Wrongful Death Claim

This wrongful death claim is brought pursuant to Nebraska Revised Statutes Section 30-809, which provides:

"Whenever the death of a person is caused by the wrongful act, neglect, or default of any person, company, or corporation, and the act, neglect, or default is such as would have entitled the party injured to maintain an action and recover damages if death had not ensued, the person that would have been liable if death had not ensued shall be liable to an action for damages..."

Nebraska's wrongful death statute provides for recovery by the personal representative for the benefit of specified beneficiaries.

B. Who May Bring the Action

Under Neb. Rev. Stat. Section 30-809, the wrongful death action must be brought by the personal representative of the estate for the benefit of:

1. Surviving Spouse
2. Children (minor or adult)
3. Parents (if no spouse or children)
4. Siblings (if no spouse, children, or parents)

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

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]

• Surviving Parents:

• [Parent 1 Name]
• [Parent 2 Name]

C. Survival Action

Nebraska recognizes a survival action under Neb. Rev. Stat. Section 25-1401, which provides that causes of action for personal injury survive the death of the injured party. The survival action is brought by the personal representative and recovers:
- 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 Neb. Rev. Stat. Section 30-810, the statute of limitations for wrongful death actions is two (2) years from the date of death.

Date of Death: [Date]
Limitations Period Expires: [Date + 2 years]

IMPORTANT: Nebraska has a shorter statute of limitations than many states. Timely action is critical.

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 Nebraska law, spoliation of evidence may result in sanctions and adverse inferences. Henriksen v. Gleason, 263 Neb. 840 (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], Nebraska
- 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 Nebraska 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. Nebraska applies the "but for" test for cause in fact and foreseeability for proximate cause. Parrish v. Omaha Pub. Power Dist., 242 Neb. 783 (1993).

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

B. Nebraska Comparative Negligence

Nebraska follows modified comparative negligence under Neb. Rev. Stat. Section 25-21,185.09. 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 total 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 Neb. Rev. Stat. Section 25-1401, 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 Neb. Rev. Stat. Section 30-810, recoverable damages in Nebraska wrongful death actions are measured by "the pecuniary loss suffered by reason of the death." Nebraska courts have interpreted this broadly to include both economic and non-economic losses.

1. Loss of Financial Support (Pecuniary Loss):

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 Society, Comfort, and Companionship:

Nebraska recognizes the loss of society, comfort, and companionship as a compensable element of pecuniary loss. Selders v. Armentrout, 190 Neb. 275 (1973).

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

Nebraska law generally does not allow punitive damages. Under Neb. Rev. Stat. Section 25-21,185.12, exemplary or punitive damages may not be awarded.

Exception: The Nebraska Supreme Court has recognized limited exceptions where explicitly authorized by statute.

D. Damage Caps

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

Medical Malpractice Exception:
Under the Nebraska Hospital-Medical Liability Act (Neb. Rev. Stat. Section 44-2825), total damages (economic and non-economic combined) in medical malpractice cases are capped at $2,250,000 (as adjusted - verify current cap).

[If medical malpractice case:] This case may be subject to the Nebraska Hospital-Medical Liability Act cap. Claims against qualifying healthcare providers must follow specific procedures under Neb. Rev. Stat. Section 44-2840 et seq.

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 Beneficiaries

Under Neb. Rev. Stat. Section 30-810, recovery is distributed among the beneficiaries. 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 Nebraska 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. Braesch v. Union Ins. Co., 237 Neb. 44 (1991);

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
• 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.

Nebraska law provides compensation to surviving family members for their pecuniary losses, which includes both the economic support and the society and companionship of their loved one. 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 [District Court] of [County] County, Nebraska, and prosecute this case vigorously through trial.

Please contact me at your earliest convenience to discuss resolution.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Nebraska Bar No. [Number]
Attorney for [Personal Representative Name], Personal Representative of the Estate of [Decedent Name]

ENCLOSURES: [List]

cc: [Personal Representative]
[Beneficiaries]
[Guardian ad Litem, if applicable]
File

NEBRASKA-SPECIFIC PRACTICE NOTES

• Two-Year Statute of Limitations: Nebraska has a shorter SOL than many states. Time is critical.

• Personal Representative Required: Only the personal representative may bring the wrongful death action.

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

• No Punitive Damages: Nebraska generally prohibits punitive/exemplary damages.

• Medical Malpractice: Special procedures under Nebraska Hospital-Medical Liability Act. Total damages capped at $2,250,000 (verify current amount).

• "Pecuniary Loss" Standard: Nebraska courts interpret this broadly to include loss of society and companionship. Selders v. Armentrout.

• Political Subdivision Tort Claims Act: Claims against government entities governed by Neb. Rev. Stat. Section 13-901 et seq. Notice requirements and caps apply.

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

• Collateral Source Rule: Nebraska has modified the collateral source rule. Neb. Rev. Stat. Section 25-21,185.11.

This template must be reviewed and customized by a Nebraska-licensed attorney. Wrongful death claims have specific statutory requirements, and the two-year statute of limitations requires prompt action.