DEMAND FOR SETTLEMENT - WRONGFUL DEATH
STATE OF RHODE ISLAND
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Rhode Island ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Rhode Island
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. RHODE ISLAND WRONGFUL DEATH STATUTORY FRAMEWORK
A. Wrongful Death Statute - R.I. Gen. Laws Section 10-7-1
This wrongful death claim is brought pursuant to Rhode Island General Laws Section 10-7-1, which provides:
"Whenever the death of a person shall be caused by the wrongful act, neglect, or default of another, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable, if death had not ensued, shall be liable to an action for damages..."
See Botelho v. City of Pawtucket, 130 R.I. 501, 340 A.2d 120 (1975); Sabatino v. Blake, 118 R.I. 573, 375 A.2d 956 (1977).
B. Who May Bring the Action
Under R.I. Gen. Laws Section 10-7-2, the action shall be brought:
- By the personal representative (executor or administrator) of the deceased, or
- If no personal representative has been appointed, by the next of kin or dependent relatives entitled to the damages
Personal Representative:
[Personal Representative Name]
Appointed: [Date] by the [Probate Court of the [City/Town] of [Municipality], Rhode Island]
Estate File No.: [File Number]
Letters Testamentary/Administration Issued: [Date]
C. Beneficiaries
Under R.I. Gen. Laws Section 10-7-1.1, damages recovered are distributed to:
| Beneficiary | Relationship | Statutory Basis |
|---|---|---|
| [Name] | Surviving Spouse | R.I. Gen. Laws Section 10-7-1.1 |
| [Name] | Child | R.I. Gen. Laws Section 10-7-1.1 |
| [Name] | Parent | R.I. Gen. Laws Section 10-7-1.1 |
| [Additional beneficiaries] | [Relationship] | [Basis] |
D. Statute of Limitations
Under R.I. Gen. Laws Section 10-7-2, 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: Rhode Island has a longer limitations period than most states.
E. Survival Action - R.I. Gen. Laws Section 9-1-7
In addition to the wrongful death action, a survival claim is brought pursuant to R.I. Gen. Laws Section 9-1-7, 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 Rhode Island law. Tancrelle v. Friendly Ice Cream Corp., 756 A.2d 744 (R.I. 2000).
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/Town], Rhode Island
- 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 Rhode Island law, a wrongful death claim lies when death is caused by a wrongful act, neglect, or default. Botelho v. City of Pawtucket, 130 R.I. 501, 340 A.2d 120 (1975).
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 Rhode Island law
B. Negligence Per Se (If Applicable)
[Defendant] violated [Rhode Island statute or regulation], which was designed to protect [class of persons] from [type of harm]. Under Rhode Island law, violation of a statute designed to protect a class of persons may constitute negligence per se.
C. Rhode Island's Pure Comparative Fault Rule
Rhode Island follows pure comparative fault under R.I. Gen. Laws Section 9-20-4. The plaintiff's damages are reduced by the percentage of negligence attributable to the plaintiff, but recovery is not barred regardless of the plaintiff's percentage of fault.
[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]
V. DAMAGES
A. RHODE ISLAND WRONGFUL DEATH DAMAGES
Under R.I. Gen. Laws Section 10-7-1.1, wrongful death damages in Rhode Island may include:
- Medical, hospital, and nursing expenses incident to death
- Funeral and burial expenses
- Loss of society and companionship (for surviving spouse)
- Pecuniary losses (loss of support, services)
- Fair and just damages as determined by the trier of fact
See Sabatino v. Blake, 118 R.I. 573, 375 A.2d 956 (1977).
B. ECONOMIC DAMAGES
1. Loss of Support and Pecuniary Losses:
[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 and Companionship (Surviving Spouse):
Under R.I. Gen. Laws Section 10-7-1.1, the surviving spouse may recover for loss of society and companionship.
[Spouse Name] was married to [Decedent Name] for [Years] years. The loss includes:
- Loss of consortium
- Loss of companionship
- Loss of affection and comfort
- Loss of emotional support
Claimed Loss of Society and Companionship: $[Amount]
2. Loss of Parental Guidance (Children):
| Child | Age | Loss Description |
|---|---|---|
| [Name] | [Age] | [Describe loss of parental guidance, nurturing] |
| [Name] | [Age] | [Describe loss] |
Claimed Loss of Parental Guidance: $[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 and Companionship | $[Amount] |
| Loss of Parental Guidance | $[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 Rhode Island law, 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 Superior Court of Rhode Island.
VII. BAD FAITH / EXCESS LIABILITY NOTICE
Please be advised that our client's damages may substantially exceed the available policy limits. Under Rhode Island law:
-
An insurer has a duty to act in good faith toward its insured.
-
Rhode Island's Unfair Claims Settlement Practices Act, R.I. Gen. Laws Section 27-9.1-4, prohibits unfair settlement practices.
-
Failure to accept a reasonable settlement demand within policy limits may expose the insurer to 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 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 Superior Court of Rhode Island.
Please contact me at your earliest convenience to discuss resolution.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
Rhode Island Bar No. [Number]
Attorney for the Estate of [Decedent Name]
ENCLOSURES: [List]
cc: [Personal Representative]
[File]
RHODE ISLAND-SPECIFIC PRACTICE NOTES
Critical Rhode Island Wrongful Death Considerations:
-
LONGER STATUTE OF LIMITATIONS: Rhode Island has a 3-year statute of limitations for wrongful death.
-
PURE COMPARATIVE FAULT: Rhode Island follows pure comparative fault - recovery is reduced but never barred by plaintiff's fault. R.I. Gen. Laws Section 9-20-4.
-
LOSS OF SOCIETY AND COMPANIONSHIP: Rhode Island specifically permits recovery for loss of society and companionship for the surviving spouse.
-
NO DAMAGE CAP: Rhode Island does not cap wrongful death damages.
-
FAIR AND JUST DAMAGES: Rhode Island allows recovery of "fair and just" damages, providing flexibility in the damages award.
-
PERSONAL REPRESENTATIVE OR NEXT OF KIN: If no personal representative is appointed, next of kin may bring the action.
-
SURVIVAL ACTION: Separate from wrongful death; allows recovery of pre-death damages under R.I. Gen. Laws Section 9-1-7.
-
PUNITIVE DAMAGES: May be available in cases of gross negligence or willful misconduct.
Rhode Island Venue and Procedure:
- Venue: Providence/Bristol County Superior Court for most civil matters; may file in county where defendant resides.
- Service: R.I. Super. Ct. R. Civ. P. 4.
- Arbitration: Mandatory arbitration for cases under $100,000.
Key Case Law:
- Botelho v. City of Pawtucket, 130 R.I. 501, 340 A.2d 120 (1975) - Elements of wrongful death
- Sabatino v. Blake, 118 R.I. 573, 375 A.2d 956 (1977) - Wrongful death damages
- Tancrelle v. Friendly Ice Cream Corp., 756 A.2d 744 (R.I. 2000) - Evidence preservation
Rhode Island wrongful death law provides comprehensive recovery with a longer limitations period. This template must be customized by a licensed Rhode Island attorney.