DEMAND FOR SETTLEMENT - WRONGFUL DEATH
STATE OF OHIO
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Ohio ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Ohio
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. OHIO WRONGFUL DEATH STATUTORY FRAMEWORK
A. Wrongful Death Act - O.R.C. Section 2125.01
This wrongful death claim is brought pursuant to Ohio Revised Code Section 2125.01, which provides:
"When the death of a person is caused by wrongful act, neglect, or default which would have entitled the party injured to maintain an action and recover damages if death had not ensued, the person who would have been liable if death had not ensued, or the administrator or executor of the estate of such person... shall be liable to an action for damages..."
See Ramage v. Cent. Ohio Emergency Servs., Inc., 64 Ohio St.3d 97, 592 N.E.2d 828 (1992); Bailey v. Allberry, 88 Ohio St.3d 432, 727 N.E.2d 888 (2000).
B. Who May Bring the Action
Under O.R.C. Section 2125.02, the action must be brought by the personal representative of the decedent's estate for the exclusive benefit of the surviving spouse, children, parents, and other next of kin.
Personal Representative:
[Personal Representative Name]
Appointed: [Date] by the [Probate Court of [County] County, Ohio]
Estate Case No.: [Case Number]
Letters Testamentary/Administration Issued: [Date]
C. Statutory Beneficiaries
Under O.R.C. Section 2125.02(A)(1), recovery is for the exclusive benefit of:
| Beneficiary | Relationship | Statutory Basis |
|---|---|---|
| [Name] | Surviving Spouse | O.R.C. Section 2125.02(A)(1) |
| [Name] | Child | O.R.C. Section 2125.02(A)(1) |
| [Name] | Parent | O.R.C. Section 2125.02(A)(1) |
| [Name] | Other Next of Kin | O.R.C. Section 2125.02(A)(1) |
D. Statute of Limitations
Under O.R.C. Section 2125.02(D)(1), 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 - O.R.C. Section 2305.21
In addition to the wrongful death action, a survival claim is brought pursuant to O.R.C. Section 2305.21, which provides that causes of action for injury to person 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 Ohio law. Smith v. Howard Johnson Co., 67 Ohio St.3d 28, 615 N.E.2d 1037 (1993).
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], Ohio
- 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 Ohio law, a wrongful death claim lies when death is caused by a wrongful act, neglect, or default. Ramage v. Cent. Ohio Emergency Servs., Inc., 64 Ohio St.3d 97 (1992).
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 Ohio law
B. Negligence Per Se (If Applicable)
[Defendant] violated [Ohio statute or regulation], which was designed to protect [class of persons] from [type of harm]. Under Ohio law, violation of a statute designed to protect a class of persons may constitute negligence per se.
C. Ohio's Modified Comparative Fault Rule
Ohio follows modified comparative fault under O.R.C. Section 2315.33. 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 greater than the combined fault of all defendants (i.e., 51% or more bars recovery).
[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. OHIO WRONGFUL DEATH DAMAGES
Under O.R.C. Section 2125.02(B), wrongful death damages in Ohio include:
- Loss of support from the decedent
- Loss of services of the decedent
- Loss of prospective inheritance
- Loss of society, companionship, comfort, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education
- Mental anguish of the surviving relatives
- Medical and funeral expenses
See Bailey v. Allberry, 88 Ohio St.3d 432, 727 N.E.2d 888 (2000).
B. ECONOMIC DAMAGES
1. Loss of Support:
[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
1. Loss of Society, Companionship, Comfort, and Guidance:
Ohio provides comprehensive recovery for the full spectrum of relationship losses.
| Beneficiary | Relationship | Loss Description |
|---|---|---|
| [Spouse Name] | Surviving Spouse | [Describe loss of society, companionship, comfort, care, advice] |
| [Child Name] | Child | [Describe loss of parental guidance, counsel, instruction, training, education] |
| [Parent Name] | Parent | [Describe loss] |
Claimed Loss of Society and Companionship: $[Amount]
2. Mental Anguish:
Ohio permits recovery for mental anguish suffered by the surviving relatives.
| Beneficiary | Relationship | Mental Anguish |
|---|---|---|
| [Spouse Name] | Surviving Spouse | [Describe grief, anguish] |
| [Child Name] | Child | [Describe emotional impact] |
| [Parent Name] | Parent | [Describe grief] |
Claimed Mental Anguish: $[Amount]
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 | $[Amount] |
| Loss of Services | $[Amount] |
| Medical Expenses | $[Amount] |
| Funeral Expenses | $[Amount] |
| Loss of Society, Companionship, Guidance | $[Amount] |
| Mental Anguish | $[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 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 O.R.C. Section 2125.03, 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 Court of Common Pleas of [County] County, Ohio.
VII. BAD FAITH / EXCESS LIABILITY NOTICE
Please be advised that our client's damages may substantially exceed the available policy limits. Under Ohio law:
-
An insurer has a duty to act in good faith in evaluating and settling claims. Zoppo v. Homestead Ins. Co., 71 Ohio St.3d 552, 644 N.E.2d 397 (1994).
-
Ohio recognizes a cause of action for insurer bad faith.
-
Failure to accept a reasonable settlement demand within policy limits may expose the insurer to liability for the full judgment.
-
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 Court of Common Pleas of [County] County, Ohio.
Please contact me at your earliest convenience to discuss resolution.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
Ohio Supreme Court Registration No. [Number]
Attorney for the Estate of [Decedent Name]
ENCLOSURES: [List]
cc: [Personal Representative]
[File]
OHIO-SPECIFIC PRACTICE NOTES
Critical Ohio Wrongful Death Considerations:
-
COMPREHENSIVE NON-ECONOMIC DAMAGES: Ohio provides detailed recovery for loss of society, companionship, comfort, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education.
-
MENTAL ANGUISH: Ohio permits recovery for mental anguish of surviving relatives as a separate damage element.
-
MODIFIED COMPARATIVE FAULT: Ohio bars recovery if the plaintiff's fault is greater than 50%. O.R.C. Section 2315.33.
-
DAMAGE CAPS: Non-economic damages may be subject to statutory caps in certain cases. O.R.C. Section 2315.18.
-
PERSONAL REPRESENTATIVE BRINGS ACTION: Only the personal representative may bring the wrongful death action for the benefit of statutory beneficiaries.
-
SURVIVAL ACTION: Separate from wrongful death; allows recovery of pre-death damages.
-
MEDICAL MALPRACTICE: Special procedures under O.R.C. Chapter 2323; Affidavit of Merit required.
-
PUNITIVE DAMAGES: May be available in cases of actual malice.
Ohio Venue and Procedure:
- Venue: County where defendant resides, where cause of action arose, or where corporate defendant has principal place of business. Ohio Civ. R. 3.
- Service: Ohio Civ. R. 4.
- Affidavit of Merit: Required in medical malpractice. O.R.C. Section 2323.43.
Key Case Law:
- Ramage v. Cent. Ohio Emergency Servs., Inc., 64 Ohio St.3d 97 (1992) - Elements of wrongful death
- Bailey v. Allberry, 88 Ohio St.3d 432 (2000) - Wrongful death damages
- Zoppo v. Homestead Ins. Co., 71 Ohio St.3d 552 (1994) - Insurer bad faith
Ohio wrongful death law provides comprehensive recovery for relationship losses. This template must be customized by a licensed Ohio attorney.