Alaska Personal Injury Demand Letter

PERSONAL INJURY DEMAND LETTER — STATE OF ALASKA

PRIVILEGED AND CONFIDENTIAL
FOR SETTLEMENT PURPOSES ONLY — PURSUANT TO ALASKA R. EVID. 408

ATTORNEY / FIRM INFORMATION

CLAIM INFORMATION

RE: Personal Injury Claim of [________________________________] v. [________________________________]
Claim No.: [________________________________]
Date of Loss: [__/__/____]

Dear [________________________________]:

1. INTRODUCTION AND PURPOSE

This firm represents [________________________________] ("Claimant") in connection with personal injuries sustained on [__/__/____] as a direct and proximate result of the negligence of your insured, [________________________________] ("Insured" or "Tortfeasor"). This letter constitutes a formal demand for settlement of all claims arising from the above-referenced incident.

This demand is made pursuant to Alaska Rule of Evidence 408 and is intended solely for settlement negotiation purposes. Nothing herein shall constitute an admission or waiver of any rights or claims. Claimant expressly reserves all rights to pursue litigation, including but not limited to claims for compensatory damages, punitive damages, prejudgment interest under AS § 09.30.070, costs, and any other relief available under Alaska law.

We have conducted a thorough investigation into this matter and have concluded that your insured bears [____]% liability for the incident described herein. Under Alaska's pure comparative fault system (AS § 09.17.060), our client is entitled to recover damages reduced only by any percentage of fault attributable to the Claimant, if any.

Please direct all communications regarding this claim to this office. Do not contact our client directly.

2. ALASKA STATUTORY FRAMEWORK

The following Alaska statutes govern this personal injury claim:

2.1 Negligence and Comparative Fault

• AS § 09.17.060 — Pure Comparative Fault: Alaska applies a pure comparative fault standard. A plaintiff's recovery is reduced by their percentage of fault but is never completely barred, even if the plaintiff is up to 99% at fault. The trier of fact assigns fault percentages to all parties, including the plaintiff and all defendants.

2.2 Statute of Limitations

• AS § 09.10.070 — The statute of limitations for personal injury actions in Alaska is two (2) years from the date the cause of action accrues. The date of loss in this matter is [__/__/____], making the filing deadline [__/__/____]. We reserve all rights to file suit prior to this date should settlement not be reached.

2.3 Damages Caps

• AS § 09.17.010 — Non-Economic Damages:
• General injuries: The greater of $400,000 or the injured person's life expectancy in years multiplied by $8,000
• Severe permanent physical impairment or severe disfigurement: The greater of $1,000,000 or the injured person's life expectancy in years multiplied by $25,000
• AS § 09.17.020 — Punitive Damages:
• General cap: The greater of 3× compensatory damages or $500,000
• Where conduct was motivated by financial gain and adverse consequences were actually known: The greater of 4× compensatory damages or $7,000,000

2.4 Prejudgment Interest

• AS § 09.30.070 — Prejudgment interest accrues from the earlier of: (a) date process is served on the defendant, or (b) date the defendant received written notification that an injury occurred and a claim may be brought. The rate is 3 percentage points above the 12th Federal Reserve District discount rate in effect on January 2 of the year judgment is entered. Prejudgment interest does not apply to future economic damages, future non-economic damages, or punitive damages.

2.5 Joint and Several Liability

• AS § 09.17.080 — Joint and several liability applies only to economic damages. For non-economic damages, each defendant is liable only for the percentage of fault attributed to them by the trier of fact.

3. FACTUAL BACKGROUND

3.1 The Incident

On [__/__/____], at approximately [____] [a.m./p.m.], the Claimant was [________________________________] at or near [________________________________] (the "Incident Location") in [________________________________], Alaska.

At that time and place, your insured, [________________________________], negligently [________________________________].

As a direct and proximate result of your insured's negligence, the Claimant sustained serious and significant personal injuries as described in detail below.

3.2 Scene and Conditions

3.3 Law Enforcement Response

3.4 Witness Information

3.5 Narrative Summary

[________________________________]

[________________________________]

[________________________________]

4. LIABILITY ANALYSIS

4.1 Duty of Care

Your insured owed the Claimant a duty of care as established under Alaska common law and applicable statutes. Specifically, your insured had a duty to [________________________________].

4.2 Breach of Duty

Your insured breached this duty of care by:

☐ Operating a motor vehicle in a negligent manner
☐ Failing to maintain a proper lookout
☐ Failing to yield the right-of-way
☐ Following too closely in violation of AS § 28.35.130
☐ Exceeding the posted speed limit in violation of AS § 28.35.060
☐ Operating while under the influence of alcohol or drugs (AS § 28.35.030)
☐ Distracted driving (cell phone, texting, other)
☐ Running a red light or stop sign
☐ Failing to maintain premises in a safe condition
☐ [________________________________]
☐ [________________________________]

4.3 Causation

The Claimant's injuries were the direct and proximate result of your insured's breach of duty. But for your insured's negligent conduct, the Claimant would not have sustained the injuries described herein. The injuries sustained were a foreseeable consequence of the insured's negligent acts.

4.4 Comparative Fault Analysis (AS § 09.17.060)

Under Alaska's pure comparative fault system, a claimant's recovery is diminished by their percentage of fault but is never barred entirely.

Our position is that your insured bears [____]% fault for this incident. The Claimant bears either no fault or minimal fault as indicated. This allocation is supported by:

• [________________________________]
• [________________________________]
• [________________________________]

5. INJURIES AND MEDICAL TREATMENT

5.1 Summary of Injuries

As a direct and proximate result of the incident, the Claimant sustained the following injuries:

Primary Diagnoses:
☐ Traumatic brain injury (TBI) / Concussion
☐ Cervical spine injury (herniation, bulge, fracture)
☐ Thoracic spine injury
☐ Lumbar spine injury (herniation, bulge, fracture)
☐ Shoulder injury (rotator cuff tear, labral tear, dislocation)
☐ Knee injury (ACL, MCL, meniscus tear)
☐ Hip injury / fracture
☐ Rib fractures
☐ Wrist / hand fractures
☐ Ankle / foot fractures
☐ Facial lacerations / scarring
☐ Internal organ damage
☐ Soft tissue injuries (sprains, strains, contusions)
☐ Post-traumatic stress disorder (PTSD)
☐ Depression / anxiety
☐ [________________________________]
☐ [________________________________]

ICD-10 Codes:
| Code | Description |
|---|---|
| [________] | [________________________________] |
| [________] | [________________________________] |
| [________] | [________________________________] |
| [________] | [________________________________] |
| [________] | [________________________________] |

5.2 Chronological Treatment History

Emergency / Acute Care

Primary Care / Follow-Up

Specialist Care

Physical Therapy / Rehabilitation

Surgical Procedures

Diagnostic Imaging

Mental Health Treatment

Prescription Medications

5.3 Current Condition and Prognosis

[________________________________]

[________________________________]

Treating physician's prognosis:
☐ Full recovery expected
☐ Permanent partial impairment — rated at [____]% whole person impairment
☐ Permanent total impairment
☐ Ongoing treatment required (estimated duration: [________________________________])
☐ Future surgery likely or recommended
☐ Maximum medical improvement (MMI) reached on [__/__/____]
☐ MMI not yet reached

5.4 Impact on Daily Living

[________________________________]

[________________________________]

6. DAMAGES CALCULATION

6.1 Summary of Economic Damages

A. Past Medical Expenses

B. Future Medical Expenses

Note: Future medical cost projections based on life care plan prepared by [________________________________], dated [__/__/____], and/or treating physician recommendations.

C. Past Lost Wages / Income

Verification: Employer verification letter attached as Exhibit [____].

D. Future Lost Earning Capacity

E. Property Damage

F. Out-of-Pocket Expenses

6.2 Total Economic Damages

6.3 Non-Economic Damages

The Claimant seeks compensation for the following categories of non-economic loss:

☐ Physical pain and suffering (past and ongoing)
☐ Mental and emotional distress
☐ Loss of enjoyment of life
☐ Loss of consortium (spouse: [________________________________])
☐ Disfigurement and scarring
☐ Inconvenience
☐ Humiliation and embarrassment
☐ Loss of society and companionship
☐ [________________________________]

Non-Economic Damages Claimed: $[________]

ALASKA STATUTORY CAP ANALYSIS (AS § 09.17.010):

☐ Standard cap applies: The greater of $400,000 or life expectancy ([____] years) × $8,000 = $[________].

☐ Enhanced cap applies (severe permanent physical impairment or severe disfigurement): The greater of $1,000,000 or life expectancy ([____] years) × $25,000 = $[________].

☐ No cap — Wrongful death claim.

Applicable cap for this claim: $[________]

6.4 Total Compensatory Damages

7. INSURANCE COVERAGE ANALYSIS

7.1 Tortfeasor's Liability Coverage

7.2 Claimant's Coverage

ALASKA INSURANCE NOTE: Alaska requires minimum auto liability coverage of $50,000/$100,000/$25,000 (AS § 21.96.020). UM/UIM coverage is automatically included in Alaska unless the insured executes a written rejection. If your insured carried only minimum coverage, the policy limits of $50,000 per person may be insufficient to compensate Claimant's damages.

7.3 Coverage Adequacy Assessment

☐ Claimant's damages are within tortfeasor's policy limits — full policy demand appropriate
☐ Claimant's damages exceed tortfeasor's policy limits — potential excess exposure to insured
☐ UM/UIM claim may be necessary to fully compensate Claimant
☐ Umbrella/excess policy may be implicated

8. PREJUDGMENT INTEREST (AS § 09.30.070)

Pursuant to AS § 09.30.070, the Claimant is entitled to prejudgment interest accruing from the earlier of:

• The date process is served on the defendant, or
• The date the defendant received written notification that an injury has occurred and that a claim may be brought

Date of first written notice to insured/insurer: [__/__/____]

The applicable prejudgment interest rate for the current year is [____]% (3 percentage points above the 12th Federal Reserve District discount rate in effect on January 2, [____]).

Prejudgment interest applies to past economic damages and past non-economic damages only. It does not apply to future damages or punitive damages.

Estimated prejudgment interest through date of demand: $[________]

NOTE: Failure to evaluate this claim in good faith and tender a reasonable settlement will result in continued accrual of prejudgment interest, substantially increasing the total liability exposure for your insured.

9. PUNITIVE DAMAGES ANALYSIS (AS § 09.17.020)

☐ Punitive damages are applicable to this claim.

The conduct of your insured warrants an award of punitive damages because:

☐ The insured acted with intentional disregard for the safety of others
☐ The insured acted outrageously
☐ The insured acted maliciously
☐ The conduct was motivated by financial gain with knowledge of adverse consequences
☐ [________________________________]

Under AS § 09.17.020, punitive damages are capped at the greater of:

• General conduct: 3× compensatory damages OR $500,000 (whichever is greater)
• Financial gain motivated: 4× compensatory damages OR $7,000,000 (whichever is greater)

Punitive damages claimed: $[________]

☐ Punitive damages are NOT sought at this time. Claimant reserves the right to seek punitive damages in litigation.

10. SETTLEMENT DEMAND

10.1 Demand Amount

Based on the foregoing analysis of liability, damages, and applicable Alaska law, the Claimant hereby demands the total sum of:

$[________]

to fully and finally resolve all claims arising from the incident of [__/__/____].

This demand is allocated as follows:

10.2 Response Deadline

This demand shall remain open for thirty (30) calendar days from the date of this letter, expiring on [__/__/____].

10.3 Consequences of Non-Response

Failure to respond with a reasonable settlement offer within the stated timeframe will result in the following:

1. Filing of a civil complaint in the Superior Court of the State of Alaska, [________________________________] Judicial District
2. Pursuit of all available damages, including compensatory, punitive, prejudgment interest, costs, and attorney's fees
3. Continued accrual of prejudgment interest under AS § 09.30.070
4. Potential bad faith claim against the insurer for failure to reasonably evaluate and settle within policy limits, exposing the insured to personal liability for any excess judgment

11. RESERVATION OF RIGHTS

The Claimant expressly reserves the following rights:

☐ To amend or supplement this demand based on additional information, including ongoing medical treatment
☐ To file suit at any time prior to expiration of the statute of limitations
☐ To seek punitive damages under AS § 09.17.020
☐ To seek prejudgment interest under AS § 09.30.070
☐ To pursue claims against additional parties
☐ To seek costs and attorney's fees as permitted by law
☐ To file a UM/UIM claim against Claimant's own insurer if settlement is insufficient
☐ To subpoena witnesses and conduct formal discovery
☐ All other rights and remedies available under Alaska law

Nothing in this demand shall constitute an admission or waiver of any rights, claims, or defenses. This demand does not represent the maximum amount recoverable at trial.

12. ENCLOSED DOCUMENTS AND EXHIBITS INDEX

The following documents are enclosed or available upon execution of a mutual confidentiality agreement:

Medical Records and Bills

☐ Emergency room records and bills — [________________________________]
☐ Hospital admission/discharge records — [________________________________]
☐ Primary care physician records — [________________________________]
☐ Specialist consultation records — [________________________________]
☐ Physical therapy / rehabilitation records — [________________________________]
☐ Surgical records and operative reports — [________________________________]
☐ Diagnostic imaging reports (X-ray, MRI, CT) — [________________________________]
☐ Mental health treatment records — [________________________________]
☐ Pharmacy / prescription records — [________________________________]
☐ Life care plan — [________________________________]
☐ Independent medical examination (IME) report — [________________________________]

Liability Documentation

☐ Police / incident report — Report No. [________________________________]
☐ Photographs of accident scene
☐ Photographs of vehicle / property damage
☐ Photographs of injuries
☐ Witness statements
☐ Surveillance / dashcam / bodycam footage
☐ Expert accident reconstruction report

Financial Documentation

☐ Employer verification of lost wages
☐ Tax returns (prior [____] years)
☐ Vocational assessment / economic loss report
☐ Property damage estimate / repair invoice
☐ Rental car / transportation receipts
☐ Out-of-pocket expense receipts

Insurance Documentation

☐ Declaration page — Tortfeasor's policy
☐ Declaration page — Claimant's policy
☐ Proof of UM/UIM coverage
☐ MedPay / PIP coverage documentation

13. SIGNATURE AND CERTIFICATION

I certify that the information contained in this demand letter is true and accurate to the best of my knowledge. I am authorized to represent the Claimant in this matter and to make this demand on the Claimant's behalf.

Respectfully submitted,

______________________________________
[Attorney Name]
[Firm Name]
Alaska Bar No. [________________________________]
[Street Address]
[City], Alaska [ZIP]
Telephone: [________________________________]
Email: [________________________________]

Date: [__/__/____]

14. SOURCES AND REFERENCES

Alaska Statutes

• AS § 09.10.070 — Statute of Limitations for Personal Injury Actions (2 years)
• AS § 09.17.010 — Limitation on Non-Economic Damages
• AS § 09.17.020 — Punitive Damages Limitations and Caps
• AS § 09.17.060 — Apportionment of Fault (Pure Comparative Fault)
• AS § 09.17.080 — Joint and Several Liability (Economic Damages Only)
• AS § 09.30.070 — Interest on Judgments; Prejudgment Interest
• AS § 09.55.580 — Wrongful Death Actions
• AS § 21.96.020 — Mandatory Motor Vehicle Insurance
• AS § 28.35.060 — Speed Limits
• AS § 28.35.130 — Following Too Closely

Key Alaska Case Law

• Kaatz v. State, 540 P.2d 1037 (Alaska 1975) — Adopting pure comparative negligence
• State Farm Mut. Auto. Ins. Co. v. Weiford, 831 P.2d 1264 (Alaska 1992) — UM/UIM coverage requirements
• Hutchins v. Schwartz, 724 P.2d 1194 (Alaska 1986) — Prejudgment interest calculation

Regulatory Resources

• Alaska Division of Insurance — https://www.commerce.alaska.gov/web/ins/
• Alaska Court System — https://courts.alaska.gov/

This template is designed for use by licensed Alaska attorneys. It must be customized for each individual case. All statutory citations should be verified against current law before use. This document does not constitute legal advice.