DEMAND FOR SETTLEMENT - WRONGFUL DEATH
STATE OF UTAH
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Utah ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Utah
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 Heirs / Personal Representative]
Claim Number: [If assigned]
Policy Number: [If known]
Dear [Recipient Name]:
This firm represents [Claimant Name(s)] in their capacity as [heirs of / personal representative of the Estate of] [Decedent Name] 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. UTAH WRONGFUL DEATH STATUTORY FRAMEWORK
A. Wrongful Death Statute
This wrongful death claim is brought pursuant to Utah Code Annotated Section 78B-3-106, which provides:
"(1) When the death of a person is caused by the wrongful act or neglect of another, his heirs, or his personal representatives for the benefit of his heirs, may maintain an action for damages against the person causing the death, or, if such person is employed by another person who is responsible for his conduct, then also against such other person."
B. Who May Bring the Action
Under Utah Code Ann. Section 78B-3-106, a wrongful death action may be brought by:
- Heirs of the decedent, individually; OR
- Personal representative for the benefit of the heirs
Under Utah Code Ann. Section 78B-3-105, "heirs" are determined by the laws of intestate succession.
If no heirs: Under Section 78B-3-106(2), an action may be maintained by the decedent's parents or guardians, or the personal representative.
Beneficiaries/Heirs 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 Utah Code Ann. Section 78B-3-107. Under Utah law, the survival action is limited to special damages (economic damages) only - general damages do not survive.
Personal Representative:
[Name], Personal Representative of the Estate of [Decedent Name]
Appointed: [Date] by [Court Name], Case No. [Number]
D. Statute of Limitations
Under Utah Code Ann. Section 78B-2-304, the statute of limitations for wrongful death claims in Utah 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].
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 Utah law. See Pennington v. Allstate Ins. Co., 973 P.2d 932 (Utah 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, Utah]
- 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, Utah.
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]
IV. LIABILITY ANALYSIS
A. Negligence / Liability of Defendant
[Defendant Name] is liable for the wrongful death of [Decedent Name] under Utah law.
Elements of Negligence:
Under Utah law, a negligence claim requires proof of: (1) a duty of reasonable care owed by defendant to plaintiff; (2) breach of that duty; (3) the breach was the proximate cause of plaintiff's injuries; and (4) plaintiff suffered damages. Normandeau v. Hanson Equip., Inc., 2009 UT 44, 215 P.3d 152.
- 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 heirs
B. Negligence Per Se (If Applicable)
[Defendant] violated [Statute/Regulation], which constitutes negligence per se under Utah law. See Reese v. Tingey Constr., 2019 UT 64, 449 P.3d 148.
C. Utah Comparative Fault
Utah follows modified comparative fault with a 50% bar rule. Under Utah Code Ann. Section 78B-5-818, a plaintiff may not recover if their fault is 50% or greater. If the plaintiff's fault is less than 50%, recovery is reduced by the percentage of fault attributable to the plaintiff.
[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 - Special Damages Only)
Under Utah Code Ann. Section 78B-3-107, the survival action in Utah is limited to special damages only:
1. Pre-Death Medical Expenses:
| Provider | Service | Amount |
|---|---|---|
| [Ambulance] | Transport | $[Amount] |
| [Hospital] | Emergency/ICU Care | $[Amount] |
| [Other] | [Service] | $[Amount] |
| TOTAL PRE-DEATH MEDICAL | $[Total] |
2. Pre-Death Lost Earnings:
Lost wages from date of injury to date of death: $[Amount]
Note: General damages (pain and suffering) do not survive under Utah law and are not recoverable in the survival action.
B. Wrongful Death Damages (Heirs' Claims)
Under Utah Code Ann. Section 78B-3-106, the following damages are recoverable in a Utah wrongful death action:
1. Loss of Financial Support / 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 | [%] |
| 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 Love, Affection, Care, and Companionship:
Utah allows heirs to recover for loss of love, affection, care, protection, companionship, society, and advice and counsel. See Estate of Yates v. Berg, 2007 UT App 358, 171 P.3d 466.
Surviving Spouse - [Spouse Name]:
| Category | Amount |
|---|---|
| Loss of Companionship and Society | $[Amount] |
| Loss of Love, Care, and Affection | $[Amount] |
| Loss of Consortium | $[Amount] |
| Loss of Protection | $[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 Love, Care, and Affection | $[Amount] |
| Loss of Parental Guidance and Counsel | $[Amount] |
| Mental Anguish | $[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 Utah Code Ann. Section 78B-8-201, punitive damages are available where the defendant acted with willful and malicious or intentionally fraudulent conduct, or a knowing and reckless indifference toward and disregard of the rights of others. The plaintiff must prove entitlement to punitive damages by clear and convincing evidence.
[Defendant's] conduct in this matter demonstrates [willful and malicious conduct / knowing and reckless indifference], warranting an award of punitive damages. Specifically:
[Describe egregious conduct - e.g., drunk driving, knowing violation of safety rules, etc.]
D. Summary of Damages
Survival Action (Estate Claim - Special Damages Only):
| Category | 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.
VII. EXCESS LIABILITY / BAD FAITH NOTICE
Please be advised that our client's damages substantially exceed the available policy limits of $[Amount]. Under Utah 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 first-party bad faith liability under Beck v. Farmers Ins. Exch., 701 P.2d 795 (Utah 1985);
- 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 District Court for [County] County, Utah, and prosecute this case vigorously through trial.
Please contact me at your earliest convenience to discuss resolution.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
Utah State Bar No. [Number]
Attorney for [Claimant Name(s)]
ENCLOSURES: [List]
cc: [Claimants]
[Personal Representative]
[Guardian ad Litem, if applicable]
File
UTAH-SPECIFIC PRACTICE NOTES
-
[ ] Wrongful Death Statute: Utah Code Ann. Section 78B-3-106 - Action by heirs or personal representative
-
[ ] Survival Action Limited: Utah Code Ann. Section 78B-3-107 - Only special (economic) damages survive; no pain and suffering in survival action
-
[ ] Statute of Limitations: 2 years from date of death
-
[ ] Modified Comparative Fault: 50% bar rule - Utah Code Ann. Section 78B-5-818
-
[ ] Heirs Determined by Intestate Succession: Utah Code Ann. Section 78B-3-105
-
[ ] No General Damage Caps: Utah does not cap compensatory damages in most wrongful death cases
-
[ ] Medical Malpractice Caps: Non-economic damages capped at $450,000 (indexed for inflation) - Utah Code Ann. Section 78B-3-410
-
[ ] Punitive Damages: Available under Utah Code Ann. Section 78B-8-201 with clear and convincing evidence
-
[ ] Government Claims: Utah Governmental Immunity Act, Utah Code Ann. Section 63G-7-101 et seq. - Notice requirements and caps apply
-
[ ] Mandatory Prelitigation Panel: Medical malpractice cases require prelitigation review - Utah Code Ann. Section 78B-3-416
This template is for informational purposes only and does not constitute legal advice. Wrongful death claims in Utah have specific procedural requirements. Always verify current law and consult with a licensed Utah attorney before use.