Alabama Personal Injury Demand Letter

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

Prognosis

[Describe expected recovery, permanent impairment, future treatment needs]

5. DAMAGES

Economic Damages

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