DEMAND FOR SETTLEMENT - WRONGFUL DEATH

STATE OF NEVADA

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

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 [heirs / 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. NEVADA STATUTORY FRAMEWORK FOR WRONGFUL DEATH

A. Wrongful Death Claim

This wrongful death claim is brought pursuant to Nevada Revised Statutes Section 41.085, which provides:

"1. When the death of any person, whether or not a minor, is caused by the wrongful act or neglect of another, the heirs or personal representatives of the former may maintain an action for damages against the person causing the death..."

Nevada's wrongful death statute provides for recovery by the heirs or personal representatives for their losses resulting from the decedent's death.

B. Who May Bring the Action

Under Nev. Rev. Stat. Section 41.085, the wrongful death action may be brought by:

1. The heirs of the decedent, OR
2. The personal representatives of the decedent

Heirs Under Nevada Law:

Nevada's wrongful death statute uses "heirs" in the general sense to include:
- Surviving Spouse
- Children
- Parents
- Dependents

Personal Representative:
[Name], Personal Representative of the Estate of [Decedent Name]
Appointed: [Date] by [District Court], Case 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

Nevada recognizes a survival action under Nev. Rev. Stat. Section 41.100, which provides:

"1. Except as otherwise provided in this section, causes of action, other than those for relief on the ground of fraud, deceit, false imprisonment, assault, libel or slander, do not abate by the death of either party..."

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 Nev. Rev. Stat. Section 11.190(4)(e), 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: Nevada 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 Nevada law, spoliation of evidence may result in sanctions and adverse inferences. Bass-Davis v. Davis, 122 Nev. 442 (2006).

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], Nevada
- 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 Nevada 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. Nevada applies the "but for" test and requires that the harm be a foreseeable consequence of the breach. Dow Chemical Co. v. Mahlum, 114 Nev. 1468 (1998).

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

B. Nevada Comparative Negligence

Nevada follows modified comparative negligence under Nev. Rev. Stat. Section 41.141. Under this statute:

• A plaintiff's recovery is reduced by their percentage of fault
• Recovery is completely barred if the plaintiff's negligence is greater than the combined negligence of all defendants and nonparties (more than 50%)

[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 Nev. Rev. Stat. Section 41.100, 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 Nev. Rev. Stat. Section 41.085, recoverable damages in Nevada wrongful death actions include:

1. Loss of Probable Support, Companionship, Comfort, and Society:

Nevada specifically enumerates these damages in the wrongful death statute:

2. Loss of Financial Support:

3. 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]

4. Grief and Sorrow:

Nevada allows recovery for the grief and sorrow of the heirs. Nev. Rev. Stat. Section 41.085(4)(a).

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]

5. Funeral and Burial Expenses:

C. Punitive Damages

Under Nev. Rev. Stat. Section 42.005, punitive damages may be awarded where the defendant was guilty of oppression, fraud, or malice, express or implied. Clear and convincing evidence is required.

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

Punitive Damage Cap (Nev. Rev. Stat. Section 42.005(1)):
- If compensatory damages are $100,000 or less: punitive damages capped at $300,000
- If compensatory damages exceed $100,000: punitive damages capped at 3x compensatory damages

D. Damage Caps in Nevada

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

Medical Malpractice Exception:
Under Nev. Rev. Stat. Section 41A.035, non-economic damages in medical malpractice actions are capped at $350,000.

[If medical malpractice case:] The non-economic damage cap of $350,000 applies 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. Allocation Among Heirs

Settlement proceeds would be allocated among the heirs as follows, 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 Nevada 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. Allstate Ins. Co. v. Miller, 125 Nev. 300 (2009);

3. Nevada recognizes both first-party and third-party bad faith claims against insurers under the implied covenant of good faith and fair dealing;

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.

Nevada law provides comprehensive compensation to heirs for their loss of support, companionship, comfort, and society, as well as their grief and sorrow. 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, Nevada, and prosecute this case vigorously through trial.

Please contact me at your earliest convenience to discuss resolution.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Nevada 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

NEVADA-SPECIFIC PRACTICE NOTES

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

• Heirs or Personal Representative: Either may bring the wrongful death action.

• Modified Comparative Negligence (51% Bar): Recovery barred if decedent more than 50% at fault.

• Enumerated Damages: Nevada statute specifically lists compensable damages: loss of support, companionship, comfort, society, and grief and sorrow.

• Medical Malpractice Cap: $350,000 cap on non-economic damages in medical malpractice cases only.

• Punitive Damages: Available with clear and convincing evidence of oppression, fraud, or malice. Capped at $300,000 or 3x compensatory damages.

• Mandatory Arbitration: Clark County (Las Vegas) and Washoe County (Reno) have mandatory court-annexed arbitration for cases under certain amounts.

• Nevada Claims Against State: Claims against the State of Nevada governed by Nev. Rev. Stat. Chapter 41 (waiver of sovereign immunity with limitations).

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

• Pre-Litigation Panels: Medical malpractice cases require screening panel review. Nev. Rev. Stat. Section 41A.039.

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