DEMAND FOR SETTLEMENT - WRONGFUL DEATH
STATE OF TENNESSEE
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Tennessee ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Tennessee
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. TENNESSEE WRONGFUL DEATH STATUTORY FRAMEWORK
A. Wrongful Death Statute
This wrongful death claim is brought pursuant to Tennessee Code Annotated Section 20-5-106, which provides:
"The right of action which a person who dies from injuries received from another, or whose death is caused by the wrongful act, omission, or killing by another, would have had against the wrongdoer, in case death had not ensued, shall not abate or be extinguished by the person's death but shall pass to the person's surviving spouse and, in case there is no surviving spouse, to the person's children or next of kin..."
B. Who May Bring the Action
Under Tennessee law, the wrongful death action is brought by the Personal Representative of the decedent's estate for the benefit of the surviving spouse and next of kin. Tenn. Code Ann. Section 20-5-107.
Statutory Beneficiaries:
- Surviving spouse (recovers individually and for benefit of next of kin)
- If no surviving spouse: Children or next of kin
- Distribution: According to the laws of intestate succession (Tenn. Code Ann. Section 31-2-104)
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]
-
[ ] Other Next of Kin:
- [Name and relationship]
C. Survival Action
Tennessee's wrongful death statute encompasses both the survival action and the wrongful death claim. The action recovers both the decedent's pre-death damages and the beneficiaries' losses. Tenn. Code Ann. Section 20-5-102.
Personal Representative:
[Name], Personal Representative of the Estate of [Decedent Name]
Appointed: [Date] by [Court Name], Case No. [Number]
D. Statute of Limitations
CRITICAL: Under Tenn. Code Ann. Section 28-3-104(a)(1), the statute of limitations for wrongful death claims in Tennessee is one (1) year from the date of death. This is one of the shortest wrongful death statutes of limitations in the country.
The decedent died on [Date of Death], and therefore the limitations period expires on [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 may result in sanctions and adverse inferences under Tennessee law. See Bronson v. Umphries, 138 S.W.3d 844 (Tenn. Ct. App. 2003).
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, Tennessee]
- 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.]
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, Tennessee.
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 is compensable as part of the wrongful death action.
IV. LIABILITY ANALYSIS
A. Negligence / Liability of Defendant
[Defendant Name] is liable for the wrongful death of [Decedent Name] under Tennessee law.
Elements of Negligence:
Under Tennessee law, a negligence claim requires proof of: (1) a duty of care owed to the plaintiff; (2) breach of that duty; (3) injury or loss; (4) causation in fact; and (5) proximate cause. Staples v. CBL & Assocs., Inc., 15 S.W.3d 83 (Tenn. 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 Tennessee law. See Rains v. Bend of the River, 124 S.W.3d 580 (Tenn. Ct. App. 2003).
C. Tennessee Comparative Fault
Tennessee follows modified comparative fault with a 50% bar rule. Under Tenn. Code Ann. Section 29-11-103, a plaintiff's recovery is reduced by their percentage of fault, and recovery is barred if the plaintiff is 50% or more at fault.
[Decedent Name] bore no fault for [his/her] own death. [He/She] was [describe lawful, careful conduct].
V. DAMAGES
A. Pre-Death Damages (Survival Element)
Tennessee's wrongful death statute allows recovery for damages suffered by the decedent between injury and death:
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 Tenn. Code Ann. Section 20-5-113, the following damages are recoverable in a Tennessee wrongful death action:
1. Pecuniary Value of the Decedent's Life:
Tennessee allows recovery for the pecuniary value of the decedent's life, which includes consideration of:
- Probable future earnings
- Life expectancy
- Age, health, and condition at time of death
- Earning capacity and habits of industry
See Jordan v. Baptist Three Rivers Hosp., 984 S.W.2d 593 (Tenn. 1999).
| Factor | Value |
|---|---|
| Decedent's Annual Income | $[Amount] |
| Decedent's Age at Death | [Age] |
| Decedent's Work-Life Expectancy | [Years] |
| Percentage Contributed to Family | [%] |
| Present Value Discount Rate | [%] |
| TOTAL PECUNIARY VALUE | $[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 Consortium, Companionship, and Society:
Tennessee allows recovery for loss of consortium, companionship, and society of the decedent.
Surviving Spouse - [Spouse Name]:
| Category | Amount |
|---|---|
| Loss of Consortium and Companionship | $[Amount] |
| Loss of Society and Comfort | $[Amount] |
| Mental Anguish | $[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] |
| Loss of Parental Guidance | $[Amount] |
| Mental Anguish | $[Amount] |
| Loss of Love and Affection | $[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 Tenn. Code Ann. Section 29-39-104, punitive damages are available where the defendant acted intentionally, fraudulently, maliciously, or recklessly. The plaintiff must prove entitlement to punitive damages by clear and convincing evidence.
[Defendant's] conduct in this matter was [intentional / fraudulent / malicious / reckless], warranting an award of punitive damages. Specifically:
[Describe egregious conduct - e.g., drunk driving, knowing violation of safety rules, etc.]
Note: Punitive damages in Tennessee are generally capped at the greater of two times compensatory damages or $500,000, with exceptions for intentional conduct or certain other circumstances. Tenn. Code Ann. Section 29-39-104(a)(5).
D. Summary of Damages
Pre-Death / Survival Damages:
| Category | Amount |
|---|---|
| Conscious Pain and Suffering | $[Amount] |
| Pre-Death Medical Expenses | $[Amount] |
| Pre-Death Lost Earnings | $[Amount] |
| TOTAL PRE-DEATH DAMAGES | $[Subtotal] |
Wrongful Death Action:
| Category | Amount |
|---|---|
| Pecuniary Value of Life | $[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].
CRITICAL: Given the one-year statute of limitations for wrongful death claims in Tennessee, we urge prompt attention to this matter.
VII. EXCESS LIABILITY / BAD FAITH NOTICE
Please be advised that our client's damages substantially exceed the available policy limits of $[Amount]. Under Tennessee 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;
- 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 Circuit Court for [County] County, Tennessee, and prosecute this case vigorously through trial.
Please contact me at your earliest convenience to discuss resolution.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
Tennessee Board of Professional Responsibility 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
TENNESSEE-SPECIFIC PRACTICE NOTES
-
[ ] CRITICAL - SHORT SOL: Tennessee has a 1-year statute of limitations from date of death - one of the shortest in the nation. Tenn. Code Ann. Section 28-3-104(a)(1)
-
[ ] Wrongful Death Statute: Tenn. Code Ann. Section 20-5-106 - Action brought by personal representative
-
[ ] Combined Action: Tennessee's wrongful death statute encompasses both survival and wrongful death elements
-
[ ] Modified Comparative Fault: 50% bar rule - Tenn. Code Ann. Section 29-11-103
-
[ ] Beneficiaries: Surviving spouse and next of kin; distribution per intestate succession laws
-
[ ] Pecuniary Value of Life: Tennessee measures damages based on the pecuniary value of the decedent's life
-
[ ] No General Damage Caps: Tennessee does not cap compensatory damages in most wrongful death cases
-
[ ] Medical Malpractice Caps: Non-economic damages capped at $750,000 ($1,000,000 for catastrophic injuries) in healthcare liability cases. Tenn. Code Ann. Section 29-39-102
-
[ ] Punitive Damages Cap: Generally capped at greater of 2x compensatory or $500,000 with exceptions. Tenn. Code Ann. Section 29-39-104
-
[ ] Government Claims: Tennessee Governmental Tort Liability Act, Tenn. Code Ann. Section 29-20-101 et seq. - Notice requirements and caps apply
This template is for informational purposes only and does not constitute legal advice. Tennessee wrongful death claims have a SHORT ONE-YEAR statute of limitations. Always verify current law and consult with a licensed Tennessee attorney immediately upon engagement.