PERSONAL INJURY DEMAND LETTER – ALABAMA
PRIVILEGED AND CONFIDENTIAL – FOR SETTLEMENT PURPOSES ONLY
To: [Insurance Company / Claims Adjuster Name]
Insured: [At-Fault Party Name]
Claim Number: [CLAIM NUMBER]
Date of Loss: [DATE OF INCIDENT]
Date: [DATE]
From: [Claimant Name, via Counsel if applicable]
1. INTRODUCTION
This letter constitutes a formal demand for compensation for injuries and damages sustained by [CLAIMANT NAME] ("Claimant") as a result of the negligence of your insured, [AT-FAULT PARTY], on [DATE OF INCIDENT].
2. FACTS OF THE INCIDENT
On [DATE], at approximately [TIME], Claimant was [describe location and activity] when your insured [describe negligent conduct].
[Detailed description of how incident occurred, including:
- Location
- Weather/road conditions (if applicable)
- Actions of at-fault party
- Police report number (if applicable)
- Witness information]**
3. LIABILITY ANALYSIS
Your insured is liable for Claimant's injuries because [he/she]:
- [Describe specific negligent acts]
- Failed to exercise reasonable care
- [Additional liability factors]
IMPORTANT – ALABAMA CONTRIBUTORY NEGLIGENCE: Alabama applies pure contributory negligence. A plaintiff who is even 1% at fault is barred from recovery. Our investigation confirms that Claimant bears no fault whatsoever for this incident because [explain why claimant not at fault].
4. INJURIES AND MEDICAL TREATMENT
Injuries Sustained
- [Primary injury]
- [Secondary injuries]
- [Diagnoses with ICD codes if available]
Medical Treatment Timeline
| Date | Provider | Treatment | Cost |
|---|---|---|---|
| [DATE] | [ER/Hospital] | [Treatment] | [$] |
| [DATE] | [Specialist] | [Treatment] | [$] |
| [DATE] | [Physical Therapy] | [# sessions] | [$] |
Prognosis
[Describe expected recovery, permanent impairment, future treatment needs]
5. DAMAGES
Economic Damages
| Category | Amount |
|---|---|
| Medical expenses (past) | [$AMOUNT] |
| Medical expenses (future) | [$AMOUNT] |
| Lost wages (past) | [$AMOUNT] |
| Lost earning capacity | [$AMOUNT] |
| Property damage | [$AMOUNT] |
| Out-of-pocket expenses | [$AMOUNT] |
| TOTAL ECONOMIC | [$TOTAL] |
Non-Economic Damages
- Physical pain and suffering (past and future)
- Mental anguish and emotional distress
- Loss of enjoyment of life
- Inconvenience
- [Permanent disfigurement/disability if applicable]
Note: Alabama has no statutory cap on non-economic damages in most personal injury cases.
6. DEMAND
Based on the severity of Claimant's injuries, the clear liability of your insured, and the total damages sustained, Claimant demands [$TOTAL DEMAND] to fully and finally resolve this claim.
This demand is supported by:
- [$X] in documented economic damages
- Significant non-economic damages
- [Punitive damages exposure if egregious conduct]
7. STATUTE OF LIMITATIONS
Please be advised that the statute of limitations for personal injury claims in Alabama is 2 years from the date of injury (Ala. Code § 6-2-38). This claim must be resolved or litigation filed by [SOL DATE].
8. RESPONSE DEADLINE
Please respond to this demand within [30 days] of receipt with a substantive settlement offer.
Failure to respond will result in Claimant proceeding with litigation without further notice.
9. ENCLOSED DOCUMENTATION
- Medical records and bills
- Photographs of injuries/scene
- Police/incident report
- Lost wage verification
- [Other supporting documents]
Prepared by:
[Attorney Name / Firm]
[Bar Number]
[Address]
[Phone / Email]
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED