DEMAND FOR SETTLEMENT - WRONGFUL DEATH

STATE OF OREGON

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

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. OREGON WRONGFUL DEATH STATUTORY FRAMEWORK

A. Wrongful Death Act - ORS Section 30.020

This wrongful death claim is brought pursuant to Oregon Revised Statutes Section 30.020, which provides:

"When the death of a person is caused by the wrongful act or omission of another, the personal representative of the decedent, for the benefit of the decedent's surviving spouse, surviving children, surviving parents and other individuals... who may be dependent on the decedent for support... may maintain an action against the wrongdoer..."

See Hughes v. PeaceHealth, 344 Or. 142, 178 P.3d 225 (2008); Gattman v. Favro, 306 Or. 11, 757 P.2d 402 (1988).

B. Who May Bring the Action

Under ORS 30.020(1), the action must be brought by the personal representative of the decedent for the benefit of statutory beneficiaries.

Personal Representative:
[Personal Representative Name]
Appointed: [Date] by the [Circuit Court for [County] County, Oregon]
Probate Case No.: [Case Number]
Letters Testamentary/Administration Issued: [Date]

C. Statutory Beneficiaries

Under ORS 30.020(2), damages recovered are for the benefit of:

D. Statute of Limitations

Under ORS 30.020(1), the wrongful death action must be commenced within three (3) years from the date of death.

• Date of Death: [Date of Death]
• Limitations Period Expires: [Expiration Date]

Note: Oregon has a longer limitations period than most states.

E. Survival Elements in Oregon

Oregon's wrongful death statute (ORS 30.020) incorporates survival elements. The personal representative may recover both:
- Damages suffered by the decedent before death (survival)
- Damages suffered by the beneficiaries due to the death (wrongful 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 Oregon law. Peeples v. Lampert, 345 Or. 209, 191 P.3d 637 (2008).

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], Oregon
- 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 as part of the decedent's damages under ORS 30.020.

IV. LIABILITY ANALYSIS

A. Negligence / Liability of Defendant

[Defendant Name] is liable for the wrongful death of [Decedent Name]. Under Oregon law, a wrongful death claim lies when death is caused by a wrongful act or omission. Hughes v. PeaceHealth, 344 Or. 142, 178 P.3d 225 (2008).

Elements of Negligence:

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 with particularity]
   - [Additional breaches]

3. Causation: [Defendant's] breach was the actual and proximate cause of [Decedent's] death

4. Damages: [Decedent Name]'s death resulted in damages recoverable under Oregon law

B. Negligence Per Se (If Applicable)

[Defendant] violated [Oregon statute or regulation], which was designed to protect [class of persons] from [type of harm]. Under Oregon law, violation of a statute may constitute negligence per se if the statute was designed to protect a class of persons including the plaintiff. McAlpine v. Multnomah County, 131 Or. App. 441, 886 P.2d 14 (1994).

C. Oregon's Modified Comparative Fault Rule

Oregon follows modified comparative fault under ORS 31.600. 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. OREGON WRONGFUL DEATH DAMAGES

Under ORS 30.020(2), wrongful death damages in Oregon include:

For the Estate (Decedent's Damages):
1. Medical, hospital, and nursing expenses
2. Funeral and burial expenses
3. Pain, suffering, and humiliation prior to death
4. Lost earnings from injury to death

For the Beneficiaries:
1. Pecuniary loss (loss of support)
2. Loss of society, companionship, and services
3. Loss of prospective inheritance

IMPORTANT - NON-ECONOMIC DAMAGE CAP:

Under ORS 31.710, non-economic damages are capped at $500,000 (subject to adjustment for inflation). Verify current cap amount.

See Hughes v. PeaceHealth, 344 Or. 142 (2008).

B. ECONOMIC DAMAGES

1. Pecuniary Loss (Loss of Support):

[Decedent Name] was [Age] years old at death with a work-life expectancy of [Years] years.

Based on expert economic analysis

2. Loss of Services:

3. Pre-Death Medical Expenses:

4. Funeral and Burial Expenses:

C. NON-ECONOMIC DAMAGES (SUBJECT TO CAP)

1. Loss of Society, Companionship, and Services:

Claimed Loss of Society and Companionship: $[Amount]

2. Decedent's Pre-Death Pain and Suffering:

[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]

TOTAL NON-ECONOMIC DAMAGES: $[Amount] (Subject to ORS 31.710 cap)

D. Summary of Damages

Estate Damages (Decedent's Losses):

Beneficiary Damages:

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 (within applicable caps), 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 Oregon law, wrongful death recovery is distributed among the statutory beneficiaries:

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 Circuit Court for [County] County, Oregon.

VII. BAD FAITH / EXCESS LIABILITY NOTICE

Please be advised that our client's damages may substantially exceed the available policy limits. Under Oregon law:

1. An insurer owes its insured a duty of good faith and fair dealing.

2. Oregon's Unfair Trade Practices Act, ORS 746.230, prohibits unfair claim settlement practices.

3. Failure to accept a reasonable settlement demand within policy limits may expose the insurer to liability.

4. 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 Circuit Court for [County] County, Oregon.

Please contact me at your earliest convenience to discuss resolution.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Oregon State Bar No. [Number]
Attorney for the Estate of [Decedent Name]

ENCLOSURES: [List]

cc: [Personal Representative]
[File]

OREGON-SPECIFIC PRACTICE NOTES

Critical Oregon Wrongful Death Considerations:

1. LONGER STATUTE OF LIMITATIONS: Oregon has a 3-year statute of limitations for wrongful death.

2. NON-ECONOMIC DAMAGE CAP: ORS 31.710 caps non-economic damages at $500,000 (subject to inflation adjustment). Verify current cap.

3. MODIFIED COMPARATIVE FAULT: Oregon bars recovery if plaintiff's fault is 51% or more. ORS 31.600.

4. UNIFIED WRONGFUL DEATH/SURVIVAL: Oregon's statute encompasses both wrongful death and survival elements in a single action.

5. LOSS OF SOCIETY AND COMPANIONSHIP: Oregon recognizes this non-economic damage element for statutory beneficiaries.

6. PERSONAL REPRESENTATIVE BRINGS ACTION: Only the personal representative may bring the wrongful death action.

7. PUNITIVE DAMAGES: Oregon restricts punitive damages; most goes to the state Crime Victims' Assistance Fund.

8. MEDIATION: Many Oregon counties require mediation before trial.

Oregon Venue and Procedure:

• Venue: County where defendant resides, where cause of action arose, or as provided by statute. ORS 14.080.
• Service: ORCP 7.
• Mediation: May be required in many counties.

Key Case Law:

• Hughes v. PeaceHealth, 344 Or. 142, 178 P.3d 225 (2008) - Wrongful death damages
• Gattman v. Favro, 306 Or. 11, 757 P.2d 402 (1988) - Elements of wrongful death
• Peeples v. Lampert, 345 Or. 209, 191 P.3d 637 (2008) - Evidence preservation

Oregon wrongful death law requires attention to the non-economic damage cap. This template must be customized by a licensed Oregon attorney.