California Personal Injury Demand Letter
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
About This Template
Personal injury cases are brought by people who were hurt because of someone else's carelessness: car crashes, slip and falls, defective products, and more. Demand letters, settlement agreements, and court filings in these cases have to document the injuries, the medical treatment, the lost income, and the exact legal basis for holding the other side responsible. Well-prepared paperwork is what drives higher settlements and forces insurers to take the claim seriously.
Important Notice
This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Last updated: May 2026
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