DEMAND FOR SETTLEMENT - WRONGFUL DEATH
COMMONWEALTH OF PENNSYLVANIA
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Pennsylvania ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the Commonwealth of Pennsylvania
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 AND SURVIVAL ACTION - 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 and survival action claims arising from the 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 and survival action claims arising from this tragedy.
I. PENNSYLVANIA WRONGFUL DEATH AND SURVIVAL ACTION FRAMEWORK
A. Wrongful Death Act - 42 Pa.C.S. Section 8301
This wrongful death claim is brought pursuant to 42 Pennsylvania Consolidated Statutes Section 8301, which provides:
"An action may be brought, under procedures prescribed by general rules, to recover damages for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another if no recovery for the same damages claimed in the wrongful death action was obtained by the injured individual during his lifetime."
See Kiser v. Schulte, 538 Pa. 219, 648 A.2d 1 (1994); Tulewicz v. Se. Pa. Transp. Auth., 606 Pa. 572, 2 A.3d 540 (2010).
IMPORTANT - PECUNIARY LOSS LIMITATION:
Pennsylvania wrongful death damages are limited to pecuniary losses only. Grief, sorrow, loss of companionship, and mental anguish are NOT recoverable in the wrongful death action (but pain and suffering IS recoverable in the survival action).
B. Survival Act - 42 Pa.C.S. Section 8302
In addition to the wrongful death claim, a survival action is brought pursuant to 42 Pa.C.S. Section 8302, which provides that personal injury claims survive the death of the injured party. The survival action allows recovery of damages the decedent could have recovered, including:
- Pain and suffering prior to death
- Pre-death medical expenses
- Pre-death lost wages
See Kiser v. Schulte, 538 Pa. 219, 648 A.2d 1 (1994).
C. Who May Bring the Action
Wrongful Death (42 Pa.C.S. Section 8301):
The action may be brought by the personal representative or, if no action is commenced within six months after decedent's death, by:
- Surviving spouse
- Surviving children
- Surviving parents
Survival Action (42 Pa.C.S. Section 8302):
The action must be brought by the personal representative of the estate.
Personal Representative:
[Personal Representative Name]
Appointed: [Date] by the [Register of Wills of [County] County, Pennsylvania]
Estate File No.: [File Number]
Letters Testamentary/Administration Issued: [Date]
D. Statutory Beneficiaries
Under 42 Pa.C.S. Section 8301(b), wrongful death damages are for the benefit of:
| Beneficiary | Relationship | Statutory Basis |
|---|---|---|
| [Name] | Surviving Spouse | 42 Pa.C.S. Section 8301(b) |
| [Name] | Child | 42 Pa.C.S. Section 8301(b) |
| [Name] | Parent | 42 Pa.C.S. Section 8301(b) |
E. Statute of Limitations
Under 42 Pa.C.S. Section 5524, both the wrongful death and survival actions must be commenced within two (2) years from the date of death.
- Date of Death: [Date of Death]
- Limitations Period Expires: [Expiration Date]
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 Pennsylvania law. Pyeritz v. Commonwealth, 32 A.3d 687 (Pa. 2011).
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], Pennsylvania
- 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 Act.
IV. LIABILITY ANALYSIS
A. Negligence / Liability of Defendant
[Defendant Name] is liable for the wrongful death of [Decedent Name]. Under Pennsylvania law, a wrongful death claim lies when death is caused by a wrongful act or neglect. Kiser v. Schulte, 538 Pa. 219, 648 A.2d 1 (1994).
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 Pennsylvania law
B. Negligence Per Se (If Applicable)
[Defendant] violated [Pennsylvania statute or regulation], which was designed to protect [class of persons] from [type of harm]. Under Pennsylvania law, violation of a statute designed to protect a class of persons may constitute negligence per se. Cabiroy v. Scipione, 767 A.2d 1078 (Pa. Super. 2001).
C. Pennsylvania's Modified Comparative Fault Rule
Pennsylvania follows modified comparative fault under 42 Pa.C.S. Section 7102. 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 greater than the defendant's negligence (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 negligence on the part of [Decedent Name] would be frivolous and unsupported by the facts.
V. DAMAGES
A. WRONGFUL DEATH DAMAGES - PECUNIARY LOSSES ONLY
Under Pennsylvania law, wrongful death damages are limited to pecuniary losses suffered by the statutory beneficiaries. 42 Pa.C.S. Section 8301(b).
Recoverable Wrongful Death Damages:
1. Loss of financial support the decedent would have provided
2. Loss of services the decedent would have rendered
3. Funeral and burial expenses (reasonable)
4. Hospital and medical expenses incident to death
NOT RECOVERABLE in wrongful death:
- Grief, sorrow, or mental anguish
- Loss of companionship or consortium
- Punitive damages (generally)
See Kiser v. Schulte, 538 Pa. 219, 648 A.2d 1 (1994).
B. SURVIVAL ACTION DAMAGES
Under the Survival Act (42 Pa.C.S. Section 8302), the estate may recover damages the decedent could have recovered:
- Pain and suffering before death (physical and mental)
- Pre-death medical expenses
- Pre-death lost wages
- Loss of life's pleasures (pre-death)
C. ECONOMIC DAMAGES - WRONGFUL DEATH
1. Loss of 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 [%]) | $[Amount] | |
| Less Personal Consumption | -$[Amount] | |
| Net Contribution to Family | $[Amount] | |
| 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. 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] |
D. NON-ECONOMIC DAMAGES - SURVIVAL ACTION
1. 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]
- [Other suffering]
Claimed Pre-Death Pain and Suffering: $[Amount]
2. Pre-Death Medical Expenses:
| Provider | Service | Amount |
|---|---|---|
| [Ambulance] | Transport | $[Amount] |
| [Hospital] | Emergency/ICU Care | $[Amount] |
| [Other Providers] | [Service] | $[Amount] |
| TOTAL PRE-DEATH MEDICAL | $[Total] |
3. Pre-Death Lost Wages:
| Period | Amount |
|---|---|
| From Date of Injury to Date of Death | $[Amount] |
E. Summary of Damages
Wrongful Death Damages (Pecuniary):
| Category | Amount |
|---|---|
| Loss of Financial Support | $[Amount] |
| Loss of Services | $[Amount] |
| Funeral Expenses | $[Amount] |
| TOTAL WRONGFUL DEATH DAMAGES | $[Subtotal] |
Survival Action Damages:
| Category | Amount |
|---|---|
| Pre-Death Medical Expenses | $[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 pecuniary losses, and the significant survival action 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 Pennsylvania law:
- Wrongful death damages are distributed to the statutory beneficiaries
- Survival action damages are assets of the estate
| Claimant | Claim Type | Share |
|---|---|---|
| [Spouse Name] | Wrongful Death | [Per 20 Pa.C.S. Section 2102] |
| [Child Name] | Wrongful Death | [Per 20 Pa.C.S. Section 2102] |
| Estate | Survival Action | [Per will/intestacy] |
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 and survival action complaint in the Court of Common Pleas of [County] County, Pennsylvania.
VII. BAD FAITH / EXCESS LIABILITY NOTICE
Please be advised that our client's damages may substantially exceed the available policy limits. Under Pennsylvania law:
-
An insurer has a duty to act in good faith. Cowden v. Aetna Cas. & Sur. Co., 389 Pa. 459, 134 A.2d 223 (1957).
-
Pennsylvania recognizes a statutory bad faith cause of action under 42 Pa.C.S. Section 8371.
-
Failure to accept a reasonable settlement demand within policy limits may expose the insurer to bad faith liability.
-
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 caused substantial pecuniary losses to [his/her] family.
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, Pennsylvania.
Please contact me at your earliest convenience to discuss resolution.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
Pennsylvania Attorney ID No. [Number]
Attorney for the Estate of [Decedent Name]
ENCLOSURES: [List]
cc: [Personal Representative]
[File]
PENNSYLVANIA-SPECIFIC PRACTICE NOTES
Critical Pennsylvania Wrongful Death Considerations:
-
PECUNIARY LOSS ONLY (WRONGFUL DEATH): Pennsylvania wrongful death damages are LIMITED to pecuniary losses. Grief, loss of companionship, and mental anguish are NOT recoverable in wrongful death.
-
SURVIVAL ACTION ESSENTIAL: To recover for pre-death pain and suffering, a survival action must be filed. This is separate from wrongful death.
-
MODIFIED COMPARATIVE FAULT: Pennsylvania bars recovery if plaintiff's fault is 51% or more. 42 Pa.C.S. Section 7102.
-
NO DAMAGE CAP: Pennsylvania does not cap wrongful death or survival action damages.
-
STATUTORY BAD FAITH: Pennsylvania has a statutory bad faith cause of action against insurers. 42 Pa.C.S. Section 8371.
-
SIX-MONTH RULE: If personal representative does not file within six months, specific family members may bring wrongful death action themselves.
-
MEDICAL MALPRACTICE: Certificate of Merit required within 60 days of filing. Pa.R.C.P. 1042.3.
-
PUNITIVE DAMAGES: Generally not recoverable in wrongful death, but may be available in survival action for outrageous conduct.
Pennsylvania Venue and Procedure:
- Venue: County where defendant resides, where cause of action arose, or where corporate defendant does business. Pa.R.C.P. 1006.
- Service: Pa.R.C.P. 400-440.
- Certificate of Merit: Required in professional malpractice. Pa.R.C.P. 1042.3.
Key Case Law:
- Kiser v. Schulte, 538 Pa. 219, 648 A.2d 1 (1994) - Distinction between wrongful death and survival
- Tulewicz v. Se. Pa. Transp. Auth., 606 Pa. 572, 2 A.3d 540 (2010) - Wrongful death damages
- Cowden v. Aetna Cas. & Sur. Co., 389 Pa. 459, 134 A.2d 223 (1957) - Insurer duty of good faith
Pennsylvania wrongful death law limits recovery to pecuniary losses only. This template must be customized by a licensed Pennsylvania attorney.