California Personal Injury Demand Letter
PERSONAL INJURY DEMAND LETTER – CALIFORNIA
SETTLEMENT DEMAND
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].
COMPARATIVE FAULT: Under Li v. Yellow Cab Co., 13 Cal. 3d 804 (1975), a claimant's own negligence generally reduces damages by the claimant's percentage of responsibility rather than operating as a complete bar. State the facts supporting the allocation urged here: [________________________________].
PROPOSITION 51: Subject to the claim, parties, and applicable exceptions, Civil Code § 1431.2 generally preserves joint liability for economic damages while limiting a tortfeasor's noneconomic-damages liability to that tortfeasor's proportionate share of fault. Identify all known responsible persons and the factual basis for the allocation: [________________________________].
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]
Claim-specific damages screen: Do not assume that every listed noneconomic-damages category is recoverable or unrestricted. Counsel should confirm the cause of action, defendant type, claimant status, and any statutory limit, exclusion, immunity, or election that applies to this claim.
6. DEMAND
Claimant demands [$TOTAL] to resolve this claim.
7. STATUTE OF LIMITATIONS
For an ordinary non-medical personal-injury claim, Code of Civil Procedure § 335.1 generally provides 2 years from the injury. Government claims, medical-malpractice claims, delayed discovery, tolling, minority, and other facts can change the analysis. Counsel-calculated filing deadline: [DATE]. Basis and any claim-presentation deadline: [________________________________].
8. RESPONSE DEADLINE
Please respond by [DATE] (requested settlement-response period: [____] days). This is a requested negotiation deadline, not a representation that California law supplies a 30-day response period.
9. ENCLOSURES
- Medical records and bills
- Photos
- Police report
- Wage loss documentation
[Attorney Name / Firm / Bar # / Contact]
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
SOURCES AND REFERENCES
- Judicial Council of California Civil Jury Instructions (CACI), 2026 Edition, Nos. 405, 406, 3902, and 3933 — https://courts.ca.gov/system/files/file/judicial_council_of_california_civil_jury_instructions_2026.pdf
- California Courts Self-Help Guide, "Deadlines to sue someone" — https://selfhelp.courts.ca.gov/civil-lawsuit/statute-limitations
About this template
- Last updated
- August 20, 2026
- Citations checked
- August 20, 2026
- Jurisdiction
- California
- Category
- Personal Injury
Legal authority
- Li v. Yellow Cab Co., 13 Cal. 3d 804 (1975) — comparative negligence
- Cal. Civ. Code § 1431.2 — allocation of economic and noneconomic damages (Proposition 51)
- Cal. Code Civ. Proc. § 335.1 — ordinary personal-injury limitations period
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.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on August 20, 2026.
Li v. Yellow Cab Co., 13 Cal. 3d 804 (1975) (checked August 20, 2026): "If [name of defendant] proves the above, [name of plaintiff]'s damages are reduced by your determination of the percentage of [name of plaintiff]'s responsibility."
Cal. Civ. Code § 1431.2 (checked August 20, 2026): "Proposition 51 . . . retains the joint liability of all tortfeasors, regardless of their respective shares of fault, with respect to all objectively provable expenses and monetary losses. On the other hand, the more intangible and subjective categories of damages were limited by Proposition 51 to a rule of strict proportionate liability."
Cal. Code Civ. Proc. § 335.1 (checked August 20, 2026): "Injury to a person. The defendant hurts you with or without intending to hurt you. For example, personal injury accidents, wrongful death, assault, battery, intentional or negligent infliction of emotional distress, wrongful act, or negligent act, etc. California Code of Civil Procedure section 335.1. This does not include medical malpractice. 2 years from the date of injury."
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