DEMAND FOR SETTLEMENT - WRONGFUL DEATH
STATE OF OKLAHOMA
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Oklahoma ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Oklahoma
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. OKLAHOMA WRONGFUL DEATH STATUTORY FRAMEWORK
A. Wrongful Death Act - 12 O.S. Section 1053
This wrongful death claim is brought pursuant to Oklahoma Statutes Title 12, Section 1053, which provides:
"When the death of one is caused by the wrongful act or omission of another, the personal representative of the former may maintain an action therefor against the latter... if the former might have maintained an action, had he lived, against the latter for an injury for the same act or omission."
See Head v. McCracken, 2004 OK 84, 102 P.3d 670; Ouellette v. State ex rel. Okla. Dep't of Pub. Safety, 2011 OK 104, 267 P.3d 575.
B. Who May Bring the Action
Under 12 O.S. Section 1053, the action must be brought by the personal representative of the decedent's estate for the benefit of the statutory beneficiaries.
Personal Representative:
[Personal Representative Name]
Appointed: [Date] by the [District Court for [County] County, Oklahoma]
Probate Case No.: [Case Number]
Letters Testamentary/Administration Issued: [Date]
C. Statutory Beneficiaries
Under 12 O.S. Section 1053, damages recovered are for the exclusive benefit of:
| Beneficiary | Relationship | Statutory Basis |
|---|---|---|
| [Name] | Surviving Spouse | 12 O.S. Section 1053 |
| [Name] | Child | 12 O.S. Section 1053 |
| [Name] | Parent | 12 O.S. Section 1053 |
| [Name] | Sibling | 12 O.S. Section 1053 |
| [Additional beneficiaries] | [Relationship] | [Basis] |
D. Statute of Limitations
Under 12 O.S. Section 1053, 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 - 12 O.S. Section 1051
In addition to the wrongful death action, a survival claim is brought pursuant to 12 O.S. Section 1051, 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 Oklahoma law. Barnett v. Simmons, 2008 OK 100, 197 P.3d 12.
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], Oklahoma
- 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 Oklahoma law, a wrongful death claim lies when death is caused by a wrongful act or omission. Head v. McCracken, 2004 OK 84, 102 P.3d 670.
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 Oklahoma law
B. Negligence Per Se (If Applicable)
[Defendant] violated [Oklahoma statute or regulation], which was designed to protect [class of persons] from [type of harm]. Under Oklahoma law, violation of a statute designed to protect a class of persons may constitute negligence per se. Brewer v. Murray, 2012 OK 75, 292 P.3d 41.
C. Oklahoma's Modified Comparative Fault Rule
Oklahoma follows modified comparative fault under 23 O.S. Section 13. The plaintiff's damages are reduced by the percentage of negligence attributable to the plaintiff, and recovery is barred if the plaintiff's negligence 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 negligence on the part of [Decedent Name] would be frivolous and unsupported by the facts.
V. DAMAGES
A. OKLAHOMA WRONGFUL DEATH DAMAGES
Under Oklahoma law, wrongful death damages include:
- Grief and mental anguish of the surviving relatives
- Loss of companionship (consortium)
- Loss of earnings and financial support
- Loss of services of the decedent
- Medical expenses incurred prior to death
- Funeral and burial expenses
See Ouellette v. State ex rel. Okla. Dep't of Pub. Safety, 2011 OK 104, 267 P.3d 575.
B. ECONOMIC DAMAGES
1. Loss of Earnings and Financial 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 Earnings | $[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. Grief and Mental Anguish:
Oklahoma specifically permits recovery for the grief and mental anguish suffered by surviving relatives.
| Beneficiary | Relationship | Grief and Mental Anguish |
|---|---|---|
| [Spouse Name] | Surviving Spouse | [Describe grief and anguish] |
| [Child Name] | Child | [Describe emotional impact] |
| [Parent Name] | Parent | [Describe grief] |
Claimed Grief and Mental Anguish: $[Amount]
2. Loss of Companionship (Consortium):
Oklahoma recognizes the loss of companionship (consortium) as a recoverable element of wrongful death damages.
| Beneficiary | Relationship | Loss Description |
|---|---|---|
| [Spouse Name] | Surviving Spouse | [Describe loss of companionship, consortium] |
| [Child Name] | Child | [Describe loss of parental companionship] |
Claimed Loss of Companionship: $[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. PUNITIVE DAMAGES (IF APPLICABLE)
Under Oklahoma law, punitive damages may be recovered if the defendant's conduct was:
- Reckless disregard for the rights of others
- Intentionally and maliciously harmful
- Grossly negligent
See 23 O.S. Section 9.1.
[If applicable, describe conduct supporting punitive damages]
Claimed Punitive Damages: $[Amount]
E. Summary of Damages
Wrongful Death Damages:
| Category | Amount |
|---|---|
| Loss of Earnings and Support | $[Amount] |
| Loss of Services | $[Amount] |
| Medical Expenses | $[Amount] |
| Funeral Expenses | $[Amount] |
| Grief and Mental Anguish | $[Amount] |
| Loss of Companionship | $[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] |
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 Oklahoma law, wrongful death recovery is distributed among the statutory beneficiaries as determined by the court:
| 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 of [County] County, Oklahoma.
VII. BAD FAITH / EXCESS LIABILITY NOTICE
Please be advised that our client's damages may substantially exceed the available policy limits. Under Oklahoma law:
-
An insurer has a duty to act in good faith in evaluating and settling claims. Badillo v. Mid Century Ins. Co., 2005 OK 48, 121 P.3d 1080.
-
Oklahoma 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 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 of [County] County, Oklahoma.
Please contact me at your earliest convenience to discuss resolution.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
Oklahoma Bar Association No. [Number]
Attorney for the Estate of [Decedent Name]
ENCLOSURES: [List]
cc: [Personal Representative]
[File]
OKLAHOMA-SPECIFIC PRACTICE NOTES
Critical Oklahoma Wrongful Death Considerations:
-
GRIEF AND MENTAL ANGUISH: Oklahoma specifically permits recovery for grief and mental anguish of surviving relatives.
-
LOSS OF COMPANIONSHIP: Oklahoma recognizes loss of consortium/companionship as a wrongful death damage element.
-
MODIFIED COMPARATIVE FAULT: Oklahoma bars recovery if the plaintiff is 50% or more at fault. 23 O.S. Section 13.
-
NO DAMAGE CAP: Oklahoma does not cap compensatory wrongful death damages.
-
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 under 12 O.S. Section 1051.
-
PUNITIVE DAMAGES: May be available for reckless, intentional, or grossly negligent conduct. 23 O.S. Section 9.1.
-
AFFIDAVIT OF MERIT: Required in medical malpractice cases. 12 O.S. Section 19.
Oklahoma Venue and Procedure:
- Venue: County where defendant resides, where cause of action arose, or where corporate defendant has principal place of business. 12 O.S. Section 131 et seq.
- Service: 12 O.S. Section 2004.
- Affidavit of Merit: Required in medical malpractice. 12 O.S. Section 19.
Key Case Law:
- Head v. McCracken, 2004 OK 84, 102 P.3d 670 - Elements of wrongful death
- Ouellette v. State ex rel. Okla. Dep't of Pub. Safety, 2011 OK 104, 267 P.3d 575 - Wrongful death damages
- Badillo v. Mid Century Ins. Co., 2005 OK 48, 121 P.3d 1080 - Insurer bad faith
Oklahoma wrongful death law provides comprehensive recovery including grief and mental anguish. This template must be customized by a licensed Oklahoma attorney.