DEMAND FOR SETTLEMENT - WRONGFUL DEATH
STATE OF TEXAS
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Texas ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Texas
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): [Names of Statutory Beneficiaries]
Claim Number: [If assigned]
Policy Number: [If known]
Dear [Recipient Name]:
This firm represents [Claimant Name(s)] 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. TEXAS WRONGFUL DEATH STATUTORY FRAMEWORK
A. Wrongful Death Act
This wrongful death claim is brought pursuant to the Texas Wrongful Death Act, Tex. Civ. Prac. & Rem. Code Sections 71.001 et seq.
Tex. Civ. Prac. & Rem. Code Section 71.002 provides:
"(a) An action for actual damages arising from an injury that causes an individual's death may be brought if liability exists under this section.
(b) A person is liable for damages arising from an injury that causes an individual's death if the injury was caused by the person's or his agent's or servant's wrongful act, neglect, carelessness, unskillfulness, or default."
B. Who May Bring the Action
IMPORTANT: Texas is unique in that statutory beneficiaries may bring a wrongful death action individually, rather than through the personal representative. Tex. Civ. Prac. & Rem. Code Section 71.004.
Statutory Beneficiaries (Tex. Civ. Prac. & Rem. Code Section 71.004):
- Surviving spouse
- Children of the decedent (including adopted and illegitimate children)
- Parents of the decedent
Each beneficiary has an independent cause of action and may sue separately or join with other beneficiaries.
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 Tex. Civ. Prac. & Rem. Code Section 71.021, which allows recovery for damages the decedent could have recovered had death not ensued.
Personal Representative (for Survival Action):
[Name], [Executor/Administrator] of the Estate of [Decedent Name]
Appointed: [Date] by [Court Name], Case No. [Number]
D. Statute of Limitations
Under Tex. Civ. Prac. & Rem. Code Section 16.003, the statute of limitations for wrongful death claims in Texas is two (2) 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 two (2) year statute of limitations.
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 Texas law. See Trevino v. Ortega, 969 S.W.2d 950 (Tex. 1998).
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, Texas]
- 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, Texas.
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 under the survival action.
IV. LIABILITY ANALYSIS
A. Negligence / Liability of Defendant
[Defendant Name] is liable for the wrongful death of [Decedent Name] under Texas law.
Elements of Negligence:
Under Texas law, a negligence claim requires proof of: (1) a legal duty owed to the plaintiff; (2) breach of that duty; and (3) damages proximately caused by the breach. Greater Houston Transp. Co. v. Phillips, 801 S.W.2d 523 (Tex. 1990).
- 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 Texas law. See Perry v. S.N., 973 S.W.2d 301 (Tex. 1998).
C. Texas Proportionate Responsibility (Comparative Fault)
Texas follows modified comparative fault with a 51% bar rule. Under Tex. Civ. Prac. & Rem. Code Section 33.001, a claimant may recover damages only if their percentage of responsibility is not greater than 50%. Recovery is reduced by the claimant's percentage of responsibility.
[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 Tex. Civ. Prac. & Rem. Code Section 71.021:
1. Conscious Pain and Mental Anguish:
[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 Tex. Civ. Prac. & Rem. Code Section 71.010, each beneficiary may recover damages for:
1. Pecuniary Loss:
Texas measures wrongful death damages by the pecuniary loss suffered by each beneficiary, which includes:
- Loss of financial support
- Loss of services
- Loss of advice and counsel
- Loss of inheritance
| 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 LOSS | $[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 and Society:
Texas allows recovery for loss of companionship and society, which encompasses the positive benefits flowing from the love, comfort, and companionship the deceased would have contributed to the family.
Surviving Spouse - [Spouse Name]:
| Category | Amount |
|---|---|
| Loss of Companionship and Society | $[Amount] |
| Loss of Love, Comfort, and Affection | $[Amount] |
| Loss of Consortium | $[Amount] |
| Mental Anguish | $[Amount] |
| SPOUSE'S TOTAL DAMAGES | $[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 Love, Comfort, and Affection | $[Amount] |
| Loss of Parental Guidance and Counsel | $[Amount] |
| Mental Anguish | $[Amount] |
| CHILD'S TOTAL DAMAGES | $[Total] |
[Describe parent-child relationship]
Surviving Parents - [Parent Name(s)]:
| Category | Amount |
|---|---|
| Loss of Companionship and Society | $[Amount] |
| Loss of Love, Comfort, and Affection | $[Amount] |
| Mental Anguish | $[Amount] |
| PARENTS' TOTAL DAMAGES | $[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. Exemplary (Punitive) Damages
Under Tex. Civ. Prac. & Rem. Code Section 41.003, exemplary damages are available where the claimant proves by clear and convincing evidence that harm resulted from fraud, malice, or gross negligence.
[Defendant's] conduct in this matter constitutes [fraud / malice / gross negligence], warranting an award of exemplary damages. Specifically:
[Describe egregious conduct - e.g., drunk driving, knowing violation of safety rules, etc.]
Note: Under Tex. Civ. Prac. & Rem. Code Section 41.008, exemplary damages are generally capped at the greater of: (1) two times economic damages plus non-economic damages up to $750,000; or (2) $200,000.
D. Summary of Damages
Survival Action (Estate Claim):
| Category | Amount |
|---|---|
| Conscious Pain and Mental Anguish | $[Amount] |
| Pre-Death Medical Expenses | $[Amount] |
| Pre-Death Lost Earnings | $[Amount] |
| TOTAL SURVIVAL DAMAGES | $[Subtotal] |
Wrongful Death Action (By Beneficiary):
| Beneficiary | Damages |
|---|---|
| Spouse - [Name] | $[Amount] |
| Child - [Name] | $[Amount] |
| Child - [Name] | $[Amount] |
| Parents - [Name(s)] | $[Amount] |
| Funeral Expenses | $[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 under Stowers doctrine, exposing your company to liability for the full amount of any judgment.
VII. STOWERS DEMAND / BAD FAITH NOTICE
Please be advised that our client's damages substantially exceed the available policy limits of $[Amount]. Under Texas law and the Stowers doctrine (G.A. Stowers Furniture Co. v. American Indem. Co., 15 S.W.2d 544 (Tex. Comm'n App. 1929)):
- You have a duty to accept a reasonable settlement demand within policy limits when an ordinarily prudent insurer would do so;
- Failure to accept such a demand may expose your company to liability for the entire judgment, even in excess of policy limits;
- This demand satisfies the requirements for a valid Stowers demand;
- We demand that you immediately advise your insured of this demand and the excess exposure.
This is a formal Stowers demand. The liability is clear, the damages substantially exceed your policy limits, and a prudent insurer would accept this demand to protect its insured.
VIII. DOCUMENTATION ENCLOSED
- [ ] Death certificate
- [ ] Letters testamentary / Letters of administration (for survival action)
- [ ] 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
- [ ] Birth certificates (children)
- [ ] 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 District Court for [County] County, Texas, and prosecute this case vigorously through trial. Texas juries are known for substantial verdicts in wrongful death cases, particularly where the defendant's conduct was egregious.
Please contact me at your earliest convenience to discuss resolution.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
State Bar of Texas No. [Number]
Attorney for [Claimant Name(s)]
ENCLOSURES: [List]
cc: [Claimants]
[Guardian ad Litem, if applicable]
File
TEXAS-SPECIFIC PRACTICE NOTES
-
[ ] Individual Actions: Texas allows each beneficiary (spouse, children, parents) to bring individual wrongful death actions - Tex. Civ. Prac. & Rem. Code Section 71.004
-
[ ] Survival Action: Separate cause of action under Tex. Civ. Prac. & Rem. Code Section 71.021 - brought by estate representative
-
[ ] Statute of Limitations: 2 years from date of death
-
[ ] Modified Comparative Fault: 51% bar rule - Tex. Civ. Prac. & Rem. Code Section 33.001
-
[ ] Stowers Doctrine: Powerful bad faith tool - insurer liable for excess judgment if fails to accept reasonable demand within policy limits
-
[ ] No General Damage Caps: Texas does not cap compensatory damages in wrongful death cases (except medical malpractice)
-
[ ] Medical Malpractice Caps: Non-economic damages capped at $250,000 per defendant ($500,000 total for healthcare institutions) - Tex. Civ. Prac. & Rem. Code Section 74.301
-
[ ] Exemplary Damages Cap: Generally capped at greater of 2x economic + up to $750,000 non-economic, or $200,000 - Tex. Civ. Prac. & Rem. Code Section 41.008
-
[ ] Government Claims: Texas Tort Claims Act, Tex. Civ. Prac. & Rem. Code Section 101.001 et seq. - Notice requirements and caps apply
-
[ ] Venue: Generally, county where defendant resides, injury occurred, or cause of action arose - Tex. Civ. Prac. & Rem. Code Section 15.002
This template is for informational purposes only and does not constitute legal advice. Wrongful death claims in Texas have specific procedural requirements. Always verify current law and consult with a licensed Texas attorney before use.