investment loss

I invested money in an interest bearing note with an individual in 2017. The note was a legal document for a 5 year period, interest was to be paid out monthly and the original investment returned at the end of the 5 year term.  Unfortunately in late 2019 the individual died. The interest payments stopped and his estate defaulted on the note and upon settlement of his estate I received 58% of my initial investment. Can I claim the difference between my initial investment and the settlement received as a loss?