DEMAND FOR SETTLEMENT - WRONGFUL DEATH
STATE OF WISCONSIN
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Wisconsin ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Wisconsin
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 / Family Members]
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. WISCONSIN WRONGFUL DEATH STATUTORY FRAMEWORK
A. Wrongful Death Statute
Wisconsin has two primary wrongful death provisions:
Wis. Stat. Section 895.03 (Parties Plaintiff):
Provides that certain designated family members may maintain a wrongful death action.
Wis. Stat. Section 895.04 (Wrongful Death):
Provides that when death is caused by a wrongful act, the wrongdoer shall be liable for all damages resulting to specific family members.
B. Who May Bring the Action
Wisconsin has a sequential priority system for wrongful death claims:
Under Wis. Stat. Section 895.04(2):
- Spouse (if living)
- If no spouse: Minor children (through guardian)
- If no spouse or minor children: Adult children
- If no spouse or children: Parents
- If no parents: Personal representative
Important: Only persons in the highest priority class may bring the action. See Wis. Stat. Section 895.04(2).
Claimants in This Case:
- [ ] Surviving Spouse: [Spouse Name]
- Relationship: [Husband/Wife] of Decedent
- Married: [Date of Marriage]
-
[Years of marriage]
-
[ ] Surviving Minor Children:
- [Child 1 Name], age [Age]
-
[Child 2 Name], age [Age]
-
[ ] Surviving Adult Children:
-
[Child Name], age [Age]
-
[ ] Surviving Parents:
- [Parent 1 Name]
- [Parent 2 Name]
C. Survival Action
Wisconsin recognizes a survival action under Wis. Stat. Section 895.01, which allows the estate to recover damages the decedent could have recovered had death not ensued, including conscious pain and suffering.
Personal Representative:
[Name], Personal Representative of the Estate of [Decedent Name]
Appointed: [Date] by [Court Name], Case No. [Number]
D. Statute of Limitations
Under Wis. Stat. Section 893.54, the statute of limitations for wrongful death claims in Wisconsin 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 Wisconsin law. See American Family Mut. Ins. Co. v. Golke, 2009 WI 81, 319 Wis. 2d 397, 768 N.W.2d 729.
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, Wisconsin]
- 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, Wisconsin.
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.
IV. LIABILITY ANALYSIS
A. Negligence / Liability of Defendant
[Defendant Name] is liable for the wrongful death of [Decedent Name] under Wisconsin law.
Elements of Negligence:
Under Wisconsin law, a negligence claim requires proof of: (1) a duty of care on the part of the defendant; (2) a breach of that duty; (3) a causal connection between the conduct and the injury; and (4) an actual loss or damage. Paul v. Skemp, 2001 WI 42, 242 Wis. 2d 507, 625 N.W.2d 860.
- 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 Wisconsin law. See Metzger v. Kalke, 2000 WI App 72, 234 Wis. 2d 165, 609 N.W.2d 519.
C. Wisconsin Comparative Negligence
Wisconsin follows modified comparative negligence with a 51% bar rule. Under Wis. Stat. Section 895.045, a plaintiff whose negligence is greater than the combined negligence of all persons against whom recovery is sought is barred from recovery. If the plaintiff's negligence is 51% or more, recovery is barred; otherwise, recovery is reduced by the plaintiff's percentage 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 (Estate Claim)
The survival action recovers damages suffered by [Decedent Name] between injury and death pursuant to Wis. Stat. Section 895.01:
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
Under Wis. Stat. Section 895.04(4), wrongful death damages include:
1. Pecuniary Loss / Loss of Financial Support:
The jury/court determines the "pecuniary loss" sustained by claimants.
| 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 Society and Companionship:
Wisconsin allows recovery for "loss of society and companionship" in wrongful death actions. See Wis. Stat. Section 895.04(4).
Surviving Spouse - [Spouse Name]:
| Category | Amount |
|---|---|
| Loss of Society and Companionship | $[Amount] |
| Loss of Consortium | $[Amount] |
| Loss of Love, Affection, and Care | $[Amount] |
| Mental Anguish and Grief | $[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 Society and Companionship | $[Amount] |
| Loss of Parental Guidance | $[Amount] |
| Loss of Love, Affection, and Care | $[Amount] |
| Mental Anguish and Grief | $[Amount] |
| CHILDREN'S TOTAL NON-ECONOMIC | $[Total] |
3. Funeral and Medical Expenses:
Under Wis. Stat. Section 895.04(5), reasonable burial and medical expenses are recoverable.
| Expense | Amount |
|---|---|
| Medical Expenses | $[Amount] |
| Funeral Home Services | $[Amount] |
| Casket/Urn | $[Amount] |
| Cemetery/Burial Plot | $[Amount] |
| Headstone/Memorial | $[Amount] |
| TOTAL EXPENSES | $[Total] |
C. Punitive Damages
Under Wis. Stat. Section 895.043, punitive damages are available where the claimant proves by clear and convincing evidence that the defendant acted maliciously toward the plaintiff or in an intentional disregard of the rights of the plaintiff.
[Defendant's] conduct in this matter was [malicious / intentionally disregardful of rights], warranting an award of punitive damages. Specifically:
[Describe egregious conduct - e.g., drunk driving, knowing violation of safety rules, etc.]
Note: Under Wis. Stat. Section 895.043(6), punitive damages are generally capped at the greater of $200,000 or twice the amount of compensatory damages.
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 |
|---|---|
| Pecuniary Loss | $[Amount] |
| Loss of Society and Companionship | $[Amount] |
| Medical and Funeral 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 Wisconsin 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, Wisconsin, and prosecute this case vigorously through trial.
Please contact me at your earliest convenience to discuss resolution.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
Wisconsin State Bar No. [Number]
Attorney for [Claimant Name(s)]
ENCLOSURES: [List]
cc: [Claimants]
[Personal Representative]
[Guardian ad Litem, if applicable]
File
WISCONSIN-SPECIFIC PRACTICE NOTES
-
[ ] Wrongful Death Statutes: Wis. Stat. Sections 895.03 and 895.04 - Note sequential priority system
-
[ ] Sequential Priority: Only highest priority class can bring action (spouse first, then minor children, then adult children, then parents)
-
[ ] Survival Action: Wis. Stat. Section 895.01 - Separate cause of action
-
[ ] Statute of Limitations: 3 years from date of death - Wis. Stat. Section 893.54
-
[ ] Modified Comparative Negligence: 51% bar rule - Wis. Stat. Section 895.045
-
[ ] No General Damage Caps: Wisconsin does not cap compensatory damages in most wrongful death cases
-
[ ] Medical Malpractice Cap: Non-economic damages capped at $750,000 - Wis. Stat. Section 893.55(4)(d)
-
[ ] Punitive Damages Cap: Greater of $200,000 or 2x compensatory damages - Wis. Stat. Section 895.043(6)
-
[ ] Safe Place Statute: Wis. Stat. Section 101.11 - Imposes duty on employers and property owners
-
[ ] Government Claims: Notice of claim required within 120 days - Wis. Stat. Section 893.80
This template is for informational purposes only and does not constitute legal advice. Wisconsin wrongful death claims have a unique sequential priority system for determining who may bring the action. Always verify current law and consult with a licensed Wisconsin attorney before use.