Wrongful death folks. How do you handle your letters of rep?

Whenever I send a wrongful death letter of representation, I'm always struck by the weight of what I'm alleging: this person is dead and it's your fault. I know that when my letter arrives, odds are good that it will wreck the recipient. Some defendants are callous and won't think it's their fault, but I know often the defendant will feel just horrible about what happened.

Do you guys employ any empathetic techniques in your letters?

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We keep our notice letters very simple unless there are statutory requirements, like in med mal in one of my states. “We represent Estate of XXX for claims arising out of XXX. Please pass thing along to your insurer and/or attorney and have them call us.” A little more formal, but you get the point. Also usually include some spoliation language. No empathetic techniques. I think most defendants expect it at some point in a wrongful death case.

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Briefly focus on the facts as to why you believe they are at fault - you need to come across that you have a real case - but do so without overkill or giving up too much of your case theory. You want them to realize that this will withstand a MTD or MSJ, and early settlement is prudent before fees/costs start racking up and costing them more in the long run.

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