DEMAND FOR SETTLEMENT - WRONGFUL DEATH
STATE OF WYOMING
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Wyoming ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Wyoming
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. WYOMING WRONGFUL DEATH STATUTORY FRAMEWORK
A. Wrongful Death Act
This wrongful death claim is brought pursuant to the Wyoming Wrongful Death Act, Wyo. Stat. Sections 1-38-101 et seq.
Wyo. Stat. Section 1-38-101 provides:
"Whenever the death of a person is caused by the wrongful act, neglect or default of another, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action to recover damages, the person who would have been liable, if death had not ensued, is liable in an action for damages notwithstanding the death of the person injured..."
B. Who May Bring the Action
Under Wyo. Stat. Section 1-38-102, the wrongful death action must be brought by the personal representative of the decedent's estate for the benefit of statutory beneficiaries.
Statutory Beneficiaries (Wyo. Stat. Section 1-38-102):
Recovery is distributed to those who would take under the intestate succession laws, including:
- Surviving spouse
- Children (including adopted children)
- Parents (if no spouse or children)
- Siblings and other heirs (per intestate succession)
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
Wyoming recognizes a survival action under Wyo. Stat. Section 1-4-101, which provides that all causes of action survive the death of the plaintiff. This allows recovery for damages the decedent suffered 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 Wyo. Stat. Section 1-38-102, the statute of limitations for wrongful death claims in Wyoming 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 Wyoming law.
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, Wyoming]
- 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, Wyoming.
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 Wyoming law.
Elements of Negligence:
Under Wyoming law, a negligence claim requires proof of: (1) the defendant owed a duty to the plaintiff to conform to a certain standard of conduct; (2) the defendant breached that duty; (3) the breach proximately caused the plaintiff's injury; and (4) actual loss or damage resulted. Mayflower Rest. Co. v. Griego, 741 P.2d 1106 (Wyo. 1987).
- 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 Wyoming law.
C. Wyoming Comparative Fault
Wyoming follows modified comparative fault with a 50% bar rule. Under Wyo. Stat. Section 1-1-109(b), a plaintiff whose fault is 50% or greater is barred from recovery. 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)
The survival action recovers damages suffered by [Decedent Name] between injury and death pursuant to Wyo. Stat. Section 1-4-101:
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 Wyo. Stat. Section 1-38-102, the following damages are recoverable in a Wyoming wrongful death action:
1. Pecuniary Loss / Loss of Financial Support:
Wyoming measures wrongful death damages by the pecuniary injury to the beneficiaries.
| 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:
Wyoming allows recovery for loss of companionship, society, comfort, and consortium to statutory beneficiaries. See Weaver v. Mitchell, 715 P.2d 1361 (Wyo. 1986).
Surviving Spouse - [Spouse Name]:
| Category | Amount |
|---|---|
| Loss of Companionship and Society | $[Amount] |
| Loss of Consortium | $[Amount] |
| Loss of Love, Comfort, and Affection | $[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 Companionship and Society | $[Amount] |
| Loss of Parental Guidance | $[Amount] |
| Loss of Love and Affection | $[Amount] |
| Mental Anguish and Grief | $[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 Wyo. Stat. Section 1-1-109(d), punitive or exemplary damages may be awarded where there is clear and convincing evidence that the defendant acted in a willful and wanton manner.
[Defendant's] conduct in this matter was [willful / wanton / reckless], 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):
| 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 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 Wyoming 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 District Court for [County] County, Wyoming, and prosecute this case vigorously through trial.
Please contact me at your earliest convenience to discuss resolution.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
Wyoming State Bar 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
WYOMING-SPECIFIC PRACTICE NOTES
-
[ ] Wrongful Death Act: Wyo. Stat. Sections 1-38-101 et seq. - Action by personal representative
-
[ ] Survival Action: Wyo. Stat. Section 1-4-101 - Causes of action survive death
-
[ ] Statute of Limitations: 2 years from date of death - Wyo. Stat. Section 1-38-102
-
[ ] Modified Comparative Fault: 50% bar rule - Wyo. Stat. Section 1-1-109(b)
-
[ ] Beneficiaries: Distributed per intestate succession laws
-
[ ] No General Damage Caps: Wyoming does not cap compensatory damages in private wrongful death cases
-
[ ] Governmental Liability: Wyoming Governmental Claims Act, Wyo. Stat. Section 1-39-101 et seq. - Caps and notice requirements apply
-
[ ] Punitive Damages: Available with clear and convincing evidence of willful and wanton conduct - Wyo. Stat. Section 1-1-109(d)
-
[ ] Products Liability: Wyo. Stat. Section 1-1-109(a) - Specific provisions apply
-
[ ] Medical Malpractice: Wyo. Stat. Section 1-1-109 applies; no separate damage caps
-
[ ] Small State Considerations: Wyoming has limited case law in some areas; look to Restatement and persuasive authority
This template is for informational purposes only and does not constitute legal advice. Wrongful death claims in Wyoming have specific procedural requirements. Always verify current law and consult with a licensed Wyoming attorney before use.