DEMAND FOR SETTLEMENT - WRONGFUL DEATH
STATE OF SOUTH CAROLINA
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, South Carolina ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of South Carolina
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]
Claimant(s): [Personal Representative Name], Personal Representative
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], and on behalf of all statutory beneficiaries, 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 all wrongful death and survival claims arising from this tragedy.
I. SOUTH CAROLINA WRONGFUL DEATH STATUTORY FRAMEWORK
A. Wrongful Death Act
This wrongful death claim is brought pursuant to the South Carolina Wrongful Death Act, S.C. Code Ann. Sections 15-51-10 et seq.
S.C. Code Ann. Section 15-51-10 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, the person who would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured..."
B. Who May Bring the Action
Under South Carolina law, the wrongful death action must be brought by the Personal Representative of the decedent's estate for the benefit of statutory beneficiaries. S.C. Code Ann. Section 15-51-20.
Statutory Beneficiaries (S.C. Code Ann. Section 15-51-20):
Recovery is distributed to the following, in order of priority:
- Surviving spouse and children (if no spouse, to children only; if no children, to spouse only)
- If no spouse or children: Parents of the decedent
- If no spouse, children, or parents: Heirs at law of the decedent
Beneficiaries in This Case:
- [ ] Surviving Spouse: [Spouse Name]
- Relationship: [Husband/Wife] of Decedent
- Married: [Date of Marriage]
-
[Years of marriage]
-
[ ] Surviving Children:
- [Child 1 Name], age [Age], [minor/adult]
- [Child 2 Name], age [Age], [minor/adult]
-
[Additional children]
-
[ ] Surviving Parents:
- [Parent 1 Name]
- [Parent 2 Name]
C. Survival Action
In addition to the wrongful death claim, this letter includes a survival action on behalf of the Estate of [Decedent Name] pursuant to S.C. Code Ann. Section 15-5-90, which provides for recovery of damages incurred by the decedent from the time of injury to death.
Personal Representative:
[Name], Personal Representative of the Estate of [Decedent Name]
Appointed: [Date] by [Court Name], Case No. [Number]
D. Statute of Limitations
Under S.C. Code Ann. Section 15-51-20, the statute of limitations for wrongful death claims in South Carolina is three (3) years from the date of death. The decedent died on [Date of Death], and therefore the limitations period expires on [Expiration Date].
The survival action is also subject to a three (3) year statute of limitations under S.C. Code Ann. Section 15-3-530.
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 may result in sanctions and adverse inferences under South Carolina law. See Kershaw Cnty. Bd. of Educ. v. U.S. Gypsum Co., 302 S.C. 390, 396 S.E.2d 369 (1990).
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, South Carolina]
- Occupation: [Occupation/Employer]
- Annual Income: $[Amount]
- Education: [Education level]
Family:
- Spouse: [Name], married [years]
- Children: [Names and ages]
- [Other relevant family information]
Character and Contributions:
[Describe the decedent as a person - their role in the family, community involvement, personal qualities, etc. This humanizes the claim and supports non-economic damages.]
B. The Incident Causing Death
On [Date], at approximately [Time], [Decedent Name] was [describe activity - e.g., "driving [direction] on [Road Name]," "a passenger in a vehicle," "a pedestrian crossing [Street Name]," etc.] in [City], [County] County, South Carolina.
At that time, [Defendant/Tortfeasor Name] [describe negligent conduct - e.g., "ran a red light," "was driving while intoxicated," "was texting while driving," etc.].
[Detailed description of the incident and how it caused fatal injuries]
[Decedent Name] was transported to [Hospital Name], where [he/she] [describe - e.g., "was pronounced dead upon arrival," "died on [Date] after [time period] of intensive care," etc.].
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] impending death
- Suffered extreme physical pain from [injuries]
- [Describe other suffering during survival period]
This conscious pain and suffering during the survival period is compensable under the survival action pursuant to S.C. Code Ann. Section 15-5-90.
IV. LIABILITY ANALYSIS
A. Negligence / Liability of Defendant
[Defendant Name] is liable for the wrongful death of [Decedent Name] under South Carolina law.
Elements of Negligence:
Under South Carolina law, a negligence claim requires proof of: (1) a duty of care owed to the plaintiff; (2) breach of that duty by a negligent act or omission; (3) proximate causation; and (4) damages. Bloom v. Ravoira, 339 S.C. 417, 529 S.E.2d 710 (2000).
- 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]
- Causation: [Defendant's] breach directly and proximately caused [Decedent's] death
- Damages: [Decedent's] death has caused substantial damages to the statutory beneficiaries
B. Negligence Per Se (If Applicable)
[Defendant] violated [Statute/Regulation], which constitutes negligence per se under South Carolina law. See Ellison v. Simmons, 238 S.C. 364, 120 S.E.2d 209 (1961).
C. South Carolina Comparative Negligence
South Carolina follows the modified comparative negligence rule with a 51% bar. Under S.C. Code Ann. Section 15-38-15, a plaintiff may recover damages diminished in proportion to their percentage of fault, but recovery is barred if the plaintiff is 51% or more at fault.
[Decedent Name] bore no fault for [his/her] own death. [He/She] was [describe lawful, careful conduct].
V. DAMAGES
A. Survival Action Damages (Estate Claim)
The survival action recovers damages suffered by [Decedent Name] between injury and death pursuant to S.C. Code Ann. Section 15-5-90:
1. Conscious Pain and Suffering:
[Decedent Name] survived for [time period] following the injury. During this time, [he/she] experienced:
- Extreme physical pain from [injuries]
- Terror and awareness of impending death
- [Describe specific suffering]
Claimed Amount: $[Amount]
2. Pre-Death Medical Expenses:
| Provider | Service | Amount |
|---|---|---|
| [Ambulance] | Transport | $[Amount] |
| [Hospital] | Emergency/ICU Care | $[Amount] |
| [Other] | [Service] | $[Amount] |
| TOTAL PRE-DEATH MEDICAL | $[Total] |
3. Pre-Death Lost Earnings:
Lost wages from date of injury to date of death: $[Amount]
B. Wrongful Death Damages (Beneficiary Claims)
Under S.C. Code Ann. Section 15-51-40, the following damages are recoverable in a South Carolina wrongful death action:
1. Pecuniary Loss:
| Factor | Value |
|---|---|
| Decedent's Annual Income | $[Amount] |
| Decedent's Age at Death | [Age] |
| Decedent's Work-Life Expectancy | [Years] |
| Percentage Contributed to Family | [%] |
| Personal Consumption Deduction | [%] |
| Present Value Discount Rate | [%] |
| TOTAL LOSS OF SUPPORT | $[Amount] |
2. Loss of Services:
[Decedent Name] provided valuable household services and contributions, including:
- [Describe services - childcare, household maintenance, transportation, etc.]
- Estimated annual value: $[Amount]
- Present value of future lost services: $[Amount]
3. Loss of Companionship, Society, and Consortium:
South Carolina allows recovery for:
- Loss of companionship and society
- Mental shock and suffering of beneficiaries
- Wounded feelings
- Grief and sorrow
- Loss of consortium (for spouse)
See Garvin v. Bi-Lo, Inc., 343 S.C. 625, 541 S.E.2d 831 (2001).
Surviving Spouse - [Spouse Name]:
| Category | Amount |
|---|---|
| Loss of Consortium and Companionship | $[Amount] |
| Mental Shock and Suffering | $[Amount] |
| Grief and Sorrow | $[Amount] |
| Wounded Feelings | $[Amount] |
| SPOUSE'S TOTAL NON-ECONOMIC | $[Total] |
[Describe the marital relationship - years together, activities shared, closeness of relationship, impact of death on spouse]
Surviving Child(ren) - [Child Name(s)]:
| Category | Amount |
|---|---|
| Loss of Companionship and Society | $[Amount] |
| Mental Shock and Suffering | $[Amount] |
| Grief and Sorrow | $[Amount] |
| Loss of Parental Guidance | $[Amount] |
| CHILDREN'S TOTAL NON-ECONOMIC | $[Total] |
4. Funeral and Burial Expenses:
| Expense | Amount |
|---|---|
| Funeral Home Services | $[Amount] |
| Casket/Urn | $[Amount] |
| Cemetery/Burial Plot | $[Amount] |
| Headstone/Memorial | $[Amount] |
| Memorial Service | $[Amount] |
| TOTAL FUNERAL EXPENSES | $[Total] |
C. Punitive Damages
Under S.C. Code Ann. Section 15-32-530, punitive damages may be awarded where the defendant's conduct was willful, wanton, or in reckless disregard of the plaintiff's rights. The plaintiff must prove entitlement to punitive damages by clear and convincing evidence.
[Defendant's] conduct in this matter was [grossly negligent / willful and wanton / reckless], warranting an award of punitive damages. Specifically:
[Describe egregious conduct - e.g., drunk driving, knowing violation of safety rules, etc.]
Note: Under S.C. Code Ann. Section 15-32-530(A), punitive damages are generally capped at the greater of three times compensatory damages or $500,000, unless the defendant's conduct falls within specific exceptions (e.g., DUI, felony, intent to harm).
D. Summary of Damages
Survival Action (Estate Claim):
| Category | Amount |
|---|---|
| Conscious Pain and Suffering | $[Amount] |
| Pre-Death Medical Expenses | $[Amount] |
| Pre-Death Lost Earnings | $[Amount] |
| TOTAL SURVIVAL DAMAGES | $[Subtotal] |
Wrongful Death Action:
| Category | Amount |
|---|---|
| Loss of Financial Support | $[Amount] |
| Loss of Services | $[Amount] |
| Funeral and Burial Expenses | $[Amount] |
| Spouse's Non-Economic Damages | $[Amount] |
| Children's Non-Economic Damages | $[Amount] |
| TOTAL WRONGFUL DEATH DAMAGES | $[Subtotal] |
TOTAL ALL DAMAGES: $[Grand Total]
VI. SETTLEMENT DEMAND
A. Demand Amount
Based upon the clear liability of [Defendant], the catastrophic loss suffered by the surviving family members, and the substantial economic and 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. Time for Response
This demand will remain open for thirty (30) days from the date of this letter, through and including [Expiration Date].
Given that damages clearly exceed policy limits, failure to tender limits within this period may constitute bad faith, exposing your insured to personal liability for any excess judgment and exposing your company to extracontractual liability.
VII. EXCESS LIABILITY / BAD FAITH NOTICE
Please be advised that our client's damages substantially exceed the available policy limits of $[Amount]. Under South Carolina law:
- You have a duty to give equal consideration to your insured's interests in settlement decisions;
- Failure to accept a reasonable settlement demand within policy limits may expose your insured to personal liability for any excess judgment;
- Such failure may also expose your company to bad faith liability under Tyger River Pine Co. v. Maryland Cas. Co., 170 S.C. 286, 170 S.E. 346 (1933);
- We demand that you immediately advise your insured of the excess exposure and of this demand.
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
- [ ] Decedent's tax returns (3 years)
- [ ] Employment records and income verification
- [ ] Photographs of decedent and family
- [ ] Marriage certificate (if spouse claimant)
- [ ] Birth certificates (if child claimants)
- [ ] Police/incident report
- [ ] Witness statements
- [ ] Expert reports (economics, vocational, medical)
- [ ] [Other case-specific documentation]
IX. CONCLUSION
The death of [Decedent Name] was a preventable tragedy caused entirely by [Defendant's] negligence. [He/She] was taken from [his/her] family, leaving [describe family - spouse and children] without [his/her] love, support, guidance, and companionship.
The liability in this case is clear. The damages are substantial and well-documented. We urge you to resolve this matter fairly and promptly, avoiding the additional trauma and expense of litigation for all parties.
If this matter cannot be resolved, we are prepared to file suit immediately in the Court of Common Pleas for [County] County, South Carolina, and prosecute this case vigorously through trial.
Please contact me at your earliest convenience to discuss resolution.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
South Carolina Bar No. [Number]
Attorney for [Personal Representative Name], Personal Representative of the Estate of [Decedent Name]
ENCLOSURES: [List]
cc: [Personal Representative]
[Beneficiaries]
[Guardian ad Litem, if applicable]
File
SOUTH CAROLINA-SPECIFIC PRACTICE NOTES
-
[ ] Wrongful Death Act: S.C. Code Ann. Sections 15-51-10 et seq. - Action must be brought by personal representative
-
[ ] Survival Action: Separate cause of action under S.C. Code Ann. Section 15-5-90 for decedent's pre-death damages
-
[ ] Statute of Limitations: 3 years from date of death (wrongful death); 3 years from date of injury (survival)
-
[ ] Modified Comparative Negligence: 51% bar rule - S.C. Code Ann. Section 15-38-15
-
[ ] Beneficiary Priority: Spouse and children first; if none, parents; if none, heirs at law
-
[ ] Punitive Damages: Available under S.C. Code Ann. Section 15-32-530 with clear and convincing evidence; subject to caps with exceptions
-
[ ] No Damage Caps: South Carolina does not cap compensatory damages in wrongful death cases
-
[ ] Joint and Several Liability: Modified - S.C. Code Ann. Section 15-38-15 (defendants liable only for proportionate share unless certain exceptions apply)
-
[ ] Government Claims: South Carolina Tort Claims Act, S.C. Code Ann. Section 15-78-10 et seq. - Notice requirements and damage caps apply to claims against governmental entities
This template is for informational purposes only and does not constitute legal advice. Wrongful death claims in South Carolina have specific procedural requirements. Always verify current law and consult with a licensed South Carolina attorney before use.