Writing a Wrongful Death Demand Letter

When you’ve lost a loved one due to someone else’s negligence, families may seek damages in a wrongful death claim. Seeking justice can feel overwhelming. Writing a wrongful death demand letter is the first step to letting the insurer know you have a claim.

It’s best to have a lawyer write the letter since it is a legal document detailing how you were harmed and how much money you seek. A Phoenix wrongful death lawyer will find how much your case is worth and how to construct the letter to meet Arizona law and make the insurers take it seriously.

Here’s what goes into a wrongful death demand letter and why you should use a lawyer’s services to write one.

What Is a Wrongful Death Demand Letter?

A wrongful death demand letter is a formal document sent to the at-fault party or their insurance company that demands money for a wrongful death situation. It outlines your case, explains why the other party is liable, and demands compensation for your loss.

Demand letters include, among other things:

The key facts that explain what happened.
The costs of all of the damages suffered by the deceased and the survivors you can claim by Arizona law.
Why the other side is legally responsible for wrongful death, and why the deceased is not.
A demand to begin negotiations for finding a fair settlement value.

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Why Are Demand Letters Written?

A demand letter is an attempt to settle your case before filing a lawsuit. Demand letters inform the insurer that you may have a claim and explain your reasons why.

Technically, you do not need a lawyer to write a demand letter to an insurer or the at-fault party. However, it can significantly strengthen your case to do so. Many things can go wrong with a poorly worded wrongful death demand letter.

Zanes Law can:

Gather all necessary evidence to prove that wrongful death occurred.
Calculate the full extent of your damages.
Draft a compelling demand letter.
Handle all communications with the other party.
Negotiate on your behalf.

Do I Have Legal Standing to Make a Wrongful Death Claim?

Legal standing in a wrongful death claim is a condition where you must show the court sufficient connection to and harm from what happened that you have a case. In Arizona law, only certain family members or personal representatives can bring a wrongful death claim.

Without standing, you have no basis to make a claim. Also, if multiple people with standing want to make a claim, Arizona has an order for who takes priority. Whoever has standing will represent the deceased.

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I Still Want to Write a Wrongful Death Demand Letter on my Own

We feel this is unwise, but if you want to write a demand letter and know you have standing, here are the things you’ll need to know before you start.

Get Evidence

You’ll need copies of all the bills and records related to the fatal accident and any other evidence collected that could show responsibility in the case. It’s best to note what happened before, during, and after death and how the accident has affected your life.

Do Your Legal Research

Your letter will go to an insurance adjuster for processing. Your letter must show an understanding of Arizona’s wrongful death laws. You’ll need to explain how the other side was negligent and why using the standard elements of proving negligence.

You’ll also need to know about all the damages you can collect and how to explain them clearly in your letter. You may also need to note that your letter is a pre-filing settlement demand and that, should you need to file a lawsuit, you’ll ask for much more. However, you will want a lawyer if the talks break down that far.

Keep it Factual and Legal

You will need to swallow any anger or grief while writing your letter and keep it factual. If your letter is emotional or contains unprovable claims, the adjuster will not take your letter seriously. Their job is to pay as little as possible, so if your letter isn’t credible, they’ll ignore it.

Keep your letter factual and within legal guidelines. Never make an assertion in your letter that you can’t back up with proof. Emphasize the facts of the claim, and use medical terminology to discuss what happened to your loved one.

Explain all of the earlier facts we mentioned. You need to show what you’ve suffered, why the other party is liable, why the deceased shares no burden of fault, and the costs of your damages.

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How Much Money Should I Ask For in my Wrongful Death Demand Letter?

Sending a demand letter is just the first step. A demand letter starts negotiations, and there are many strategies you can take to negotiate with an insurance company. Unfortunately, they have far more experience with negotiation than most people.

They won’t take your claim seriously if you ask for far too much. If you ask for too little, you can bet they’ll try to negotiate you down even further. They’ll still try to push you down if you ask for a credible amount.

Furthermore, they’ll use many tricks to get you to do something that would jeopardize your claim or the value of your case. Wrongful death lawyers have many years of experience fighting these tricks. Without legal advice, you’re at a significant disadvantage and could end up with a pittance or nothing.

In Short, don’t Write a Wrongful Death Demand Letter Yourself

There are far too many things that can go wrong if you write a wrongful death demand letter yourself. A wrongful death is too complicated and delicate to handle on your own. You need to have a legal professional help you.

If you have a wrongful death claim, speak with Zanes Law today to learn more about us. We’ll use our experience to draft your letter.

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How to Write a Wrongful Death Demand Letter?

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