PRE-SUIT DEMAND LETTER

AUTOMOBILE ACCIDENT - PERSONAL INJURY CLAIM

LETTER HEADER

[LAW FIRM LETTERHEAD]

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL

Date: _______________________

CLAIMS REPRESENTATIVE:

RE: DEMAND FOR SETTLEMENT

SECTION 1: INTRODUCTION AND REPRESENTATION

Dear Claims Representative:

This firm represents _________________________________ ("Claimant") for injuries and damages sustained in an automobile accident that occurred on _____________ at approximately _____________ [time] at or near _________________________________ [location].

This letter constitutes a formal demand for settlement of our client's personal injury claim. We have enclosed supporting documentation and request that you respond within thirty (30) days of receipt of this demand.

Time-Sensitive Notice:

☐ This demand expires on _____________ [date 30 days from sending]
☐ Failure to respond may result in filing of litigation without further notice
☐ All rights are reserved including the right to amend this demand

SECTION 2: LIABILITY ANALYSIS

A. Facts of the Accident

On _____________, our client was operating/riding in a _____________ [year/make/model] traveling _____________ [direction] on _____________ [street/highway] in _____________ [city], _____________ [state].

Accident Narrative:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

B. Police Report Summary

Police Report Findings:

☐ Your insured was cited for: _________________________________
☐ Your insured admitted fault at the scene
☐ Independent witnesses confirmed your insured's negligence
☐ Physical evidence supports our client's account

C. Negligence of Your Insured

Your insured, _________________________________, was negligent in one or more of the following ways:

☐ Failed to maintain proper lookout
☐ Failed to yield the right of way
☐ Followed too closely
☐ Exceeded safe speed for conditions
☐ Ran red light/stop sign
☐ Made improper lane change
☐ Operated vehicle while distracted (cell phone, texting)
☐ Operated vehicle while impaired
☐ Failed to obey traffic control device
☐ Other: _________________________________

D. Comparative/Contributory Fault Analysis

Applicable Standard:

☐ Pure Comparative Fault (recovery reduced by percentage of fault)
☐ Modified Comparative Fault - 50% Bar
☐ Modified Comparative Fault - 51% Bar
☐ Contributory Negligence (complete bar to recovery)

Our Position: Your insured bears ____% responsibility for this accident. Our client's conduct in no way contributed to the collision.

SECTION 3: INJURY DESCRIPTION AND MEDICAL TREATMENT

A. Injuries Sustained

Our client sustained the following injuries as a direct and proximate result of this collision:

Primary Injuries:

Diagnostic Studies:

☐ X-rays performed: _________________________________
☐ MRI performed: _________________________________
☐ CT scan performed: _________________________________
☐ EMG/Nerve conduction study: _________________________________
☐ Other diagnostic tests: _________________________________

B. Medical Treatment Timeline

Emergency/Initial Treatment:

Follow-Up Treatment:

Physical Therapy/Rehabilitation:

Specialist Consultations:

C. Treatment Summary

D. Current Medical Status

Maximum Medical Improvement (MMI):

☐ Claimant has reached MMI as of _____________
☐ Treating physician has released claimant from care
☐ Claimant continues to treat with expected discharge date of _____________

Permanent Impairment:

☐ Permanent impairment rating: _____% whole person
☐ Permanent restrictions: _________________________________
☐ No permanent impairment anticipated

Future Medical Needs:

☐ Future surgery anticipated: _________________________________
☐ Ongoing physical therapy: _________________________________
☐ Chronic pain management: _________________________________
☐ Future medical costs estimated at: $_____________

SECTION 4: ECONOMIC DAMAGES (SPECIAL DAMAGES)

A. Medical Expenses

B. Lost Wages/Income

Employment Information:

Lost Time Calculation:

Documentation Attached:

☐ Verification of employment letter
☐ Pay stubs for period prior to accident
☐ Tax returns (if self-employed)
☐ Physician's disability/work restriction notes

C. Loss of Earning Capacity (If Applicable)

☐ Our client's earning capacity has been permanently diminished
☐ Economic expert report attached estimating future loss at: $_____________

D. Property Damage

☐ Property damage claim resolved separately
☐ Property damage included in this demand

E. Out-of-Pocket Expenses

F. Summary of Economic Damages

SECTION 5: NON-ECONOMIC DAMAGES (GENERAL DAMAGES)

A. Pain and Suffering

Our client has endured and continues to endure significant pain and suffering as a result of this collision:

Physical Pain:

______________________________________________________________________________

______________________________________________________________________________

Duration and Intensity:

☐ Acute pain lasting _____________ weeks/months
☐ Chronic pain continuing to present
☐ Pain rating at worst: _____/10
☐ Current pain rating: _____/10

B. Mental and Emotional Distress

☐ Anxiety, especially when driving or riding in vehicles
☐ Depression related to injuries and limitations
☐ Post-traumatic stress symptoms
☐ Sleep disturbances
☐ Psychological treatment sought: _________________________________

C. Loss of Enjoyment of Life

Our client has been deprived of activities and enjoyments that were part of daily life before this accident:

☐ Unable to participate in _________________________________ [sports/hobbies]
☐ Limited ability to care for children/family members
☐ Cannot perform household chores without assistance
☐ Social activities significantly curtailed
☐ Other: _________________________________

D. Inconvenience and Disruption

☐ Time spent at medical appointments: approximately _______ hours
☐ Assistance required for daily activities: _________________________________
☐ Inability to work caused significant financial stress
☐ Recovery process disrupted normal life for _____________ months

E. Scarring and Disfigurement (If Applicable)

☐ Location of scar(s): _________________________________
☐ Size: _________________________________
☐ Permanent: ☐ Yes ☐ No

SECTION 6: DAMAGES CALCULATION AND DEMAND

A. Multiplier Method Calculation

Multiplier Justification:

The multiplier of _____ is appropriate based on:

☐ Severity of injuries (moderate to severe)
☐ Length of recovery period
☐ Permanent nature of injuries
☐ Impact on daily life and activities
☐ Clear liability of your insured
☐ Credibility of our client

B. Itemized Damages Summary

C. Formal Demand

Based on the foregoing, we hereby demand the sum of:

$_____________

in full and final settlement of all claims arising from this accident.

SECTION 7: POLICY LIMITS DEMAND (IF APPLICABLE)

☐ This section applies if damages exceed policy limits

We understand the applicable policy limits are $_____________.

Given that our client's damages significantly exceed available coverage, we demand payment of the full policy limits of $_____________ within thirty (30) days to resolve this claim.

Notice of Potential Bad Faith:

Please be advised that we are aware of your insured's exposure in excess of policy limits. Failure to tender policy limits within a reasonable time may expose your insured to personal liability and your company to claims of bad faith.

We reserve all rights to pursue recovery against your insured personally for any excess judgment.

SECTION 8: LIEN INFORMATION

The following liens or subrogation interests may apply to any settlement:

Total Known Liens: $______________

We will address all liens from settlement proceeds. Final allocation will be provided with settlement documents.

SECTION 9: ENCLOSED DOCUMENTATION

The following documents are enclosed in support of this demand:

Liability Documentation:
☐ Police accident report
☐ Photographs of accident scene
☐ Photographs of vehicle damage
☐ Witness statements
☐ Traffic citation(s)

Medical Documentation:
☐ Medical records from all treating providers
☐ Medical bills from all treating providers
☐ Diagnostic imaging reports
☐ Physician narrative report
☐ Disability/work restriction notes

Wage Loss Documentation:
☐ Employment verification letter
☐ Pay stubs (pre-accident)
☐ Tax returns (if self-employed)

Other Documentation:
☐ Photographs of injuries
☐ Property damage estimates/photos
☐ Out-of-pocket expense receipts
☐ _________________________________

SECTION 10: SETTLEMENT TERMS AND CONDITIONS

Upon receipt of the demanded amount, we will provide:

☐ Full release of all claims against your insured
☐ Dismissal of any pending litigation (if applicable)
☐ Satisfaction of all applicable liens
☐ Hold harmless agreement regarding liens (if required)

Settlement Contingencies:

☐ Offer must remain open for _______ days after acceptance
☐ Settlement funds must be paid within _______ days of acceptance
☐ Medicare/Medicaid final lien amounts must be obtained before release execution

SECTION 11: RESPONSE REQUESTED

Please respond to this demand within thirty (30) days with one of the following:

☐ Acceptance of our demand in full
☐ Counteroffer with detailed explanation
☐ Request for additional documentation (specify)
☐ Denial with stated reasons

Failure to respond will be considered a rejection of this demand, and we will proceed with litigation without further notice.

CLOSING

We trust that upon review of the enclosed documentation, you will agree that our demand is fair and reasonable given the clear liability of your insured and the nature and extent of our client's injuries.

We look forward to resolving this matter amicably and without the need for litigation.

Very truly yours,

_________________________________
[Attorney Name]
[Bar Number]
[Firm Name]
[Address]
[Phone]
[Email]

Enclosures: As noted above

cc: Client file

STATE-SPECIFIC VARIATIONS

Comparative Fault States

• California, New York, Florida: Pure comparative fault
• Texas, Illinois: Modified (51% bar)
• Adjust demand strategy based on any potential contributory fault

No-Fault/PIP States

• Florida, Michigan, New York, others: Address PIP benefits exhaustion
• Threshold requirements for tort claims must be met

Bad Faith Considerations

• Some states allow direct bad faith claims
• Document all communications with insurer
• Time-limit demands may trigger bad faith exposure

Pre-Suit Requirements

• Florida: Pre-suit demand letter requirements for certain claims
• California: Civil Code § 1542 waiver required in releases
• Check state-specific statutory notice requirements

PRACTICE NOTES FOR ATTORNEYS

Timing Considerations

☐ Wait for MMI before sending demand
☐ Consider statute of limitations
☐ Allow adequate response time (30-45 days typical)
☐ Account for lien resolution time in settlement timeline

Demand Amount Strategy

☐ Research jury verdicts in jurisdiction
☐ Consider insurance coverage limits
☐ Leave room for negotiation
☐ Support multiplier with case-specific factors

Documentation Best Practices

☐ Organize records chronologically
☐ Highlight key medical findings
☐ Include photographs of injuries at various stages
☐ Provide clear damages calculation spreadsheet

This template provides guidance for pre-suit demand letters in auto accident cases. Modify based on specific facts, jurisdiction, and applicable law. Always verify current statutes of limitations and procedural requirements before sending.