DEMAND FOR SETTLEMENT - WRONGFUL DEATH
STATE OF WASHINGTON
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Washington ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Washington
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 / 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. WASHINGTON WRONGFUL DEATH STATUTORY FRAMEWORK
A. Wrongful Death Statute
Washington has two distinct statutory frameworks for wrongful death claims:
1. General Wrongful Death Action (RCW 4.20.010):
"When the death of a person is caused by the wrongful act, neglect, or default of another his or her personal representative may maintain an action for damages against the person causing the death..."
2. Beneficiary Action (RCW 4.20.020):
This provision allows specific beneficiaries (spouse, state registered domestic partner, children, or stepchildren) to bring their own action for damages.
B. Who May Bring the Action
Washington has a dual system for wrongful death actions:
Under RCW 4.20.010 (General Wrongful Death):
- Action brought by personal representative
- Recovers damages to the estate
Under RCW 4.20.020 (Beneficiary Action):
- Spouse or state registered domestic partner
- Children (including stepchildren if dependent)
- May sue in their own right for their personal losses
Beneficiaries in This Case:
- [ ] Surviving Spouse/Domestic Partner: [Spouse Name]
- Relationship: [Husband/Wife/Domestic Partner] of Decedent
- Married/Registered: [Date]
-
[Years together]
-
[ ] Surviving Children:
- [Child 1 Name], age [Age], [minor/adult]
- [Child 2 Name], age [Age], [minor/adult]
-
[Additional children]
-
[ ] Stepchildren (if dependent):
- [Name and relationship]
C. Survival Action
RCW 4.20.046 provides for a survival action that allows recovery of damages the decedent would have been entitled to recover had death not ensued, including:
- Pain and suffering from injury to death
- Medical expenses
- Lost earnings from 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 RCW 4.16.080, the statute of limitations for wrongful death claims in Washington 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].
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 Washington law. See Henderson v. Tyrrell, 80 Wn. App. 592, 910 P.2d 522 (1996).
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, Washington]
- 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, Washington.
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 RCW 4.20.046.
IV. LIABILITY ANALYSIS
A. Negligence / Liability of Defendant
[Defendant Name] is liable for the wrongful death of [Decedent Name] under Washington law.
Elements of Negligence:
Under Washington law, a negligence claim requires proof of: (1) the existence of a duty to the plaintiff; (2) a breach of that duty; (3) a resulting injury; and (4) the breach as the proximate cause of injury. Ranger Ins. Co. v. Pierce County, 164 Wn.2d 545, 192 P.3d 886 (2008).
- 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 beneficiaries
B. Negligence Per Se (If Applicable)
[Defendant] violated [Statute/Regulation], which constitutes negligence per se under Washington law. See Mathis v. Ammons, 84 Wn. App. 411, 928 P.2d 431 (1996).
C. Washington Pure Comparative Negligence
Washington follows pure comparative negligence under RCW 4.22.005. A plaintiff's recovery is reduced by their percentage of fault, but recovery is not barred regardless of the degree of fault.
[Decedent Name] bore no fault for [his/her] own death. [He/She] was [describe lawful, careful conduct].
V. DAMAGES
A. Survival Action Damages (RCW 4.20.046)
The survival action recovers damages suffered by [Decedent Name] 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 (General Action - RCW 4.20.010)
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 Inheritance:
Washington allows recovery for the "probable accumulations" the decedent would have made during their lifetime. See Martin v. Goodyear Tire & Rubber Co., 61 Wn. App. 137, 810 P.2d 13 (1991).
Estimated loss of inheritance: $[Amount]
C. Beneficiary Damages (RCW 4.20.020)
Surviving Spouse/Domestic Partner - [Spouse Name]:
| Category | Amount |
|---|---|
| Loss of Consortium and Companionship | $[Amount] |
| Loss of Love, Affection, and Society | $[Amount] |
| Loss of Comfort and Care | $[Amount] |
| Mental Anguish and Grief | $[Amount] |
| Loss of Services | $[Amount] |
| SPOUSE'S TOTAL | $[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, Affection, and Care | $[Amount] |
| Loss of Parental Guidance | $[Amount] |
| Mental Anguish and Grief | $[Amount] |
| CHILDREN'S TOTAL | $[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] |
D. Punitive Damages - NOT AVAILABLE
Note: Washington does not allow punitive damages. See Dailey v. North Coast Life Ins. Co., 129 Wn.2d 572, 919 P.2d 589 (1996). However, if the defendant's conduct was egregious, the jury may consider this in assessing the compensatory damages.
E. Summary of Damages
Survival Action (RCW 4.20.046):
| Category | Amount |
|---|---|
| Conscious Pain and Suffering | $[Amount] |
| Pre-Death Medical Expenses | $[Amount] |
| Pre-Death Lost Earnings | $[Amount] |
| TOTAL SURVIVAL DAMAGES | $[Subtotal] |
Wrongful Death - General Action (RCW 4.20.010):
| Category | Amount |
|---|---|
| Loss of Financial Support | $[Amount] |
| Loss of Services | $[Amount] |
| Loss of Inheritance | $[Amount] |
| Funeral and Burial Expenses | $[Amount] |
| TOTAL GENERAL ACTION | $[Subtotal] |
Wrongful Death - Beneficiary Action (RCW 4.20.020):
| Category | Amount |
|---|---|
| Spouse's Non-Economic Damages | $[Amount] |
| Children's Non-Economic Damages | $[Amount] |
| TOTAL BENEFICIARY 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 Washington 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;
- Washington recognizes claims for bad faith and violations of the Insurance Fair Conduct Act (RCW 48.30.015);
- 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 / Domestic partnership registration
- [ ] 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 Superior Court for [County] County, Washington, and prosecute this case vigorously through trial.
Please contact me at your earliest convenience to discuss resolution.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
Washington State Bar No. [Number]
Attorney for [Claimant Name(s)]
ENCLOSURES: [List]
cc: [Claimants]
[Personal Representative]
[Guardian ad Litem, if applicable]
File
WASHINGTON-SPECIFIC PRACTICE NOTES
-
[ ] Dual Statutory Framework: Washington has two separate wrongful death actions - RCW 4.20.010 (general) and RCW 4.20.020 (beneficiary)
-
[ ] Survival Action: RCW 4.20.046 - Separate cause of action for decedent's pre-death damages
-
[ ] Statute of Limitations: 3 years from date of death - RCW 4.16.080
-
[ ] Pure Comparative Negligence: RCW 4.22.005 - Recovery reduced but not barred by plaintiff's fault
-
[ ] NO PUNITIVE DAMAGES: Washington does not allow punitive damages
-
[ ] No Damage Caps: Washington does not cap compensatory damages in wrongful death cases
-
[ ] State Registered Domestic Partners: Have same rights as spouses under RCW 4.20.020
-
[ ] Insurance Fair Conduct Act: RCW 48.30.015 - Additional remedies for unreasonable denial of claims
-
[ ] Government Claims: RCW 4.96 - Notice requirements for claims against governmental entities (60 days for cities/towns, 60 days for state)
-
[ ] Medical Malpractice: RCW 7.70 - Specific procedural requirements
This template is for informational purposes only and does not constitute legal advice. Washington wrongful death claims have specific procedural requirements, including distinct claims under different statutes. Always verify current law and consult with a licensed Washington attorney before use.