Alabama Personal Injury Demand Letter

PERSONAL INJURY DEMAND LETTER – ALABAMA

SETTLEMENT COMMUNICATION — ALA. R. EVID. 408 MAY APPLY

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 the incident occurred, including:

• Location
• Weather/road conditions (if applicable)
• Actions of at-fault party
• Police or incident report number (if applicable)
• Witness information

3. LIABILITY AND DEFENSE ANALYSIS

State the supported duty, breach, causation, and damages theory. Identify the evidence supporting each assertion and address any material fact the recipient may use to dispute liability or causation. Do not use percentage-based fault language or make unsupported admissions.

Your insured is liable for Claimant's injuries because [he/she/they]:

• [Describe specific negligent acts]
• Failed to exercise reasonable care
• [Additional liability factors]

Anticipated defenses and evidence-based response: [Identify each supported defense issue and the facts or documents addressing it. Alabama counsel must customize this analysis to the claim.]

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]

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
• [If Alabama counsel confirms punitive damages are legally available and factually supported: identify facts meeting Ala. Code § 6-11-20 and account for § 6-11-21.]

7. STATUTE OF LIMITATIONS

Ala. Code § 6-2-38(l) generally requires an action for injury to the person or rights of another, not arising from contract and not otherwise specifically enumerated, to be brought within two years. Counsel must determine accrual, tolling, claim-specific periods, and any party-specific notice or immunity rules from the actual facts. Do not assume that sending this demand changes a filing deadline.

Earliest potentially applicable filing deadline: [__/__/____]

8. RESPONSE DEADLINE

This settlement demand remains open until [DATE] at [TIME] [TIME ZONE]. Please provide a substantive response by that deadline.

Counsel should calendar every litigation deadline independently of this response date. If the matter is not resolved, Claimant will evaluate the available options.

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

Sources and References

• Alabama Legislature — Ala. Code § 6-2-38
• Alabama Legislature — Ala. Code § 6-11-20
• Alabama Legislature — Ala. Code § 6-11-21
• Alabama Judicial System — Alabama Rules of Evidence index
• Alabama Judicial System — Ala. R. Evid. 408