PERSONAL INJURY DEMAND LETTER – CALIFORNIA
PRIVILEGED AND CONFIDENTIAL – FOR SETTLEMENT PURPOSES ONLY
To: [Insurance Company / Claims Adjuster]
Insured: [At-Fault Party]
Claim Number: [NUMBER]
Date of Loss: [DATE]
Date: [DATE]
From: [Claimant Name, via Counsel]
1. INTRODUCTION
This letter is a formal demand for compensation for injuries sustained by [CLAIMANT] as a result of the negligence of your insured, [DEFENDANT], on [DATE].
2. FACTS OF THE INCIDENT
On [DATE], at approximately [TIME], in [CITY, COUNTY], California, [describe incident in detail].
[Include:
- Specific negligent conduct
- Police report / CHP report number
- Witness information
- Photos/video evidence]**
3. LIABILITY ANALYSIS
Your insured is liable because [he/she] [describe breach of duty].
CALIFORNIA LAW: California applies pure comparative negligence (Li v. Yellow Cab Co., 13 Cal.3d 804 (1975)). Even if Claimant bears some fault, recovery is reduced proportionally – not barred.
Proposition 51: Your insured is jointly and severally liable for economic damages and severally liable only for non-economic damages.
4. INJURIES AND MEDICAL TREATMENT
Injuries
- [Primary diagnosis]
- [Secondary diagnoses]
Treatment Timeline
| Date | Provider | Treatment | Cost |
|---|---|---|---|
Prognosis
[Future treatment needs, permanent impairment]
5. DAMAGES
Economic Damages
| Category | Amount |
|---|---|
| Past medical expenses | [$] |
| Future medical expenses | [$] |
| Past lost wages | [$] |
| Future lost earning capacity | [$] |
| Property damage | [$] |
| TOTAL ECONOMIC | [$] |
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- [Disfigurement/disability]
Note: California has NO cap on non-economic damages in personal injury cases (MICRA does not apply outside medical malpractice).
6. DEMAND
Claimant demands [$TOTAL] to resolve this claim.
7. STATUTE OF LIMITATIONS
California SOL for personal injury: 2 years (CCP § 335.1). Claim expires: [DATE].
8. RESPONSE DEADLINE
Respond within 30 days with a substantive offer.
9. ENCLOSURES
- Medical records and bills
- Photos
- Police report
- Wage loss documentation
[Attorney Name / Firm / Bar # / Contact]
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED