Connecticut Personal Injury Demand Letter

PERSONAL INJURY DEMAND LETTER — STATE OF CONNECTICUT

PRIVILEGED AND CONFIDENTIAL
FOR SETTLEMENT PURPOSES ONLY — PURSUANT TO CONN. CODE EVID. § 4-8

ATTORNEY / FIRM INFORMATION

CLAIM INFORMATION

RE: Personal Injury Claim of [________________________________] v. [________________________________]
Claim No.: [________________________________]
Date of Loss: [__/__/____]

Dear [________________________________]:

1. INTRODUCTION AND PURPOSE

This firm represents [________________________________] ("Claimant") in connection with personal injuries sustained on [__/__/____] as a direct and proximate result of the negligence of your insured, [________________________________] ("Insured" or "Tortfeasor"). This letter constitutes a formal demand for settlement of all claims arising from the above-referenced incident.

This demand is made pursuant to Connecticut Code of Evidence § 4-8 (settlement privilege) and is intended solely for settlement negotiation purposes. Nothing herein shall constitute an admission or waiver of any rights or claims. Claimant expressly reserves all rights to pursue litigation, including but not limited to claims for compensatory damages, costs, and any other relief available under Connecticut law.

We have conducted a thorough investigation into this matter and have concluded that your insured bears primary liability. Under Connecticut's modified comparative negligence system (Conn. Gen. Stat. § 52-572h), our client is entitled to full recovery reduced only by any percentage of fault attributable to the Claimant, provided the Claimant is not more than 50% at fault. Connecticut places no statutory caps on compensatory damages in general personal injury cases.

Please direct all communications regarding this claim to this office. Do not contact our client directly.

2. CONNECTICUT STATUTORY FRAMEWORK

2.1 Negligence and Comparative Fault

• Conn. Gen. Stat. § 52-572h — Modified Comparative Negligence (51% Bar): Connecticut applies a modified comparative negligence standard. A plaintiff may recover damages if the plaintiff's negligence was not greater than the combined negligence of the defendant or defendants against whom recovery is sought. If the plaintiff is more than 50% at fault (i.e., 51% or more), the plaintiff is completely barred from recovery. Damages are diminished in proportion to the plaintiff's percentage of fault.

2.2 Statute of Limitations

• Conn. Gen. Stat. § 52-584 — Actions for injury to person or property caused by negligence must be brought within 2 years from the date when the injury is first sustained or discovered or in the exercise of reasonable care should have been discovered. No such action may be brought more than 3 years from the date of the act or omission complained of.
• Date of loss: [__/__/____] | Filing deadline: [__/__/____]

2.3 No Statutory Caps on Damages

• Connecticut does NOT cap economic or non-economic damages in general personal injury actions. The full value of the Claimant's losses is recoverable without statutory limitation.

2.4 Punitive Damages

• Connecticut limits punitive damages to litigation costs and reasonable attorney's fees in most tort actions. True punitive damages (beyond costs/fees) are generally not available in negligence actions under Connecticut common law. However, statutory exceptions exist for certain causes of action (e.g., Connecticut Unfair Trade Practices Act — Conn. Gen. Stat. § 42-110g).

2.5 Joint and Several Liability — Abolished

• Conn. Gen. Stat. § 52-572h(c) — Connecticut abolished joint and several liability in 1986 and replaced it with an apportionment system. Each defendant is liable to the plaintiff only for their proportionate share of the negligence or responsibility.

2.6 Collateral Source Rule

• Conn. Gen. Stat. § 52-225a — Connecticut applies a modified collateral source rule. After verdict, economic damages are reduced by the amount of collateral source payments, except: (1) amounts for which a right of subrogation exists; and (2) amounts already reduced by the plaintiff's percentage of negligence.

2.7 Offer of Judgment

• Conn. Gen. Stat. § 52-192a — If the plaintiff recovers an amount equal to or greater than the sum certain in an offer of judgment, the court shall add 12% annual interest on the amount of the verdict from the date the offer was filed. This is a powerful tool to encourage settlement.

3. FACTUAL BACKGROUND

3.1 The Incident

On [__/__/____], at approximately [____] [a.m./p.m.], the Claimant was [________________________________] at or near [________________________________] (the "Incident Location") in [________________________________], Connecticut.

At that time and place, your insured, [________________________________], negligently [________________________________].

As a direct and proximate result of your insured's negligence, the Claimant sustained serious and significant personal injuries as described in detail below.

3.2 Scene and Conditions

3.3 Law Enforcement Response

3.4 Witness Information

3.5 Narrative Summary

[________________________________]

[________________________________]

[________________________________]

4. LIABILITY ANALYSIS

4.1 Duty of Care

Your insured owed the Claimant a duty of reasonable care as established under Connecticut common law and the applicable rules of the road (Conn. Gen. Stat. Title 14). Specifically, your insured had a duty to [________________________________].

4.2 Breach of Duty

Your insured breached this duty of care by:

☐ Operating a motor vehicle in a negligent manner
☐ Failing to maintain a proper lookout
☐ Failing to yield the right-of-way (Conn. Gen. Stat. § 14-245)
☐ Following too closely in violation of Conn. Gen. Stat. § 14-240
☐ Exceeding the posted speed limit in violation of Conn. Gen. Stat. § 14-219
☐ Operating while under the influence (Conn. Gen. Stat. § 14-227a)
☐ Distracted driving / use of handheld device (Conn. Gen. Stat. § 14-296aa)
☐ Running a red light or stop sign (Conn. Gen. Stat. § 14-299)
☐ Reckless driving (Conn. Gen. Stat. § 14-222)
☐ Failing to maintain premises in a safe condition
☐ [________________________________]
☐ [________________________________]

4.3 Causation

The Claimant's injuries were the direct and proximate result of your insured's breach of duty. But for your insured's negligent conduct, the Claimant would not have sustained the injuries described herein.

4.4 Comparative Fault Analysis (Conn. Gen. Stat. § 52-572h)

Under Connecticut's modified comparative negligence system, the Claimant is barred from recovery only if found to be more than 50% at fault (i.e., 51% or greater).

Our position is that your insured bears [____]% fault for this incident. The Claimant's fault is well below the 51% bar.

5. INJURIES AND MEDICAL TREATMENT

5.1 Summary of Injuries

Primary Diagnoses:
☐ Traumatic brain injury (TBI) / Concussion
☐ Cervical spine injury (herniation, bulge, fracture)
☐ Thoracic spine injury
☐ Lumbar spine injury (herniation, bulge, fracture)
☐ Shoulder injury (rotator cuff tear, labral tear, dislocation)
☐ Knee injury (ACL, MCL, meniscus tear)
☐ Hip injury / fracture
☐ Rib fractures
☐ Wrist / hand fractures
☐ Ankle / foot fractures
☐ Facial lacerations / scarring
☐ Internal organ damage
☐ Soft tissue injuries (sprains, strains, contusions)
☐ Post-traumatic stress disorder (PTSD)
☐ Depression / anxiety
☐ [________________________________]

ICD-10 Codes:
| Code | Description |
|---|---|
| [________] | [________________________________] |
| [________] | [________________________________] |
| [________] | [________________________________] |
| [________] | [________________________________] |

5.2 Chronological Treatment History

Emergency / Acute Care

Primary Care / Follow-Up

Specialist Care

Physical Therapy / Rehabilitation

Surgical Procedures

Diagnostic Imaging

Mental Health Treatment

Prescription Medications

5.3 Current Condition and Prognosis

[________________________________]

Treating physician's prognosis:
☐ Full recovery expected
☐ Permanent partial impairment — rated at [____]% whole person impairment
☐ Permanent total impairment
☐ Ongoing treatment required (estimated duration: [________________________________])
☐ Future surgery likely or recommended
☐ Maximum medical improvement (MMI) reached on [__/__/____]
☐ MMI not yet reached

5.4 Impact on Daily Living

[________________________________]

6. DAMAGES CALCULATION

6.1 Summary of Economic Damages

A. Past Medical Expenses

CONNECTICUT COLLATERAL SOURCE NOTE (§ 52-225a): Connecticut's modified collateral source rule provides for post-verdict reduction of economic damages by collateral payments. However, no reduction is permitted for amounts with existing subrogation rights or for the plaintiff's percentage of negligence.

B. Future Medical Expenses

C. Past Lost Wages / Income

D. Future Lost Earning Capacity

E. Property Damage

F. Out-of-Pocket Expenses

6.2 Total Economic Damages

6.3 Non-Economic Damages

☐ Physical pain and suffering (past and ongoing)
☐ Mental and emotional distress
☐ Loss of enjoyment of life
☐ Loss of consortium (spouse: [________________________________])
☐ Disfigurement and scarring
☐ Inconvenience
☐ Permanent impairment
☐ [________________________________]

Non-Economic Damages Claimed: $[________]

CONNECTICUT LAW NOTE: Connecticut does NOT impose any statutory cap on non-economic damages in personal injury actions. The Claimant is entitled to the full value of pain and suffering, emotional distress, and all other non-economic losses.

6.4 Total Compensatory Damages

7. INSURANCE COVERAGE ANALYSIS

7.1 Tortfeasor's Liability Coverage

7.2 Claimant's Coverage

CONNECTICUT INSURANCE NOTE: Connecticut requires minimum auto liability coverage of $25,000/$50,000/$25,000 (Conn. Gen. Stat. § 38a-335). Connecticut is a tort state — no PIP requirement. UM/UIM coverage is required at the same limits as liability coverage unless the insured signs a written rejection (Conn. Gen. Stat. § 38a-336). Connecticut permits stacking of UM/UIM coverage on multiple vehicles.

7.3 Coverage Adequacy Assessment

☐ Claimant's damages are within tortfeasor's policy limits
☐ Claimant's damages exceed tortfeasor's policy limits — excess exposure
☐ UM/UIM claim may be necessary
☐ Umbrella/excess policy may be implicated

8. INTEREST AND OFFER OF JUDGMENT

8.1 Prejudgment Interest (Conn. Gen. Stat. § 37-3a)

Connecticut's prejudgment interest statute (§ 37-3a) provides for interest at 10% per annum on certain claims. However, prejudgment interest is generally not available in negligence actions seeking unliquidated compensatory damages. It may be available where there has been an unreasonable detention of money owed.

8.2 Offer of Judgment / Offer of Compromise (Conn. Gen. Stat. § 52-192a)

IMPORTANT: Under Connecticut's Offer of Judgment statute, if the Claimant files an offer of compromise and the plaintiff's recovery at trial meets or exceeds the offered amount, the court shall add 12% annual interest on the verdict amount from the date the complaint was filed. This creates significant additional exposure for the defendant and insurer.

We intend to file an Offer of Compromise upon commencement of litigation. The failure to settle this claim within policy limits prior to trial could expose your insured to substantial additional liability through this mechanism.

9. PUNITIVE DAMAGES

CONNECTICUT LAW NOTE: Connecticut generally limits punitive damages in negligence actions to litigation costs and reasonable attorney's fees. True exemplary or punitive damages are not available in standard negligence cases under Connecticut common law. However, the Claimant reserves the right to seek common-law punitive damages (costs/fees) and any statutory punitive damages that may apply.

☐ Punitive damages (costs/fees) are sought: $[________]
☐ Punitive damages are not sought at this time

10. SETTLEMENT DEMAND

10.1 Demand Amount

Based on the foregoing analysis, the Claimant hereby demands the total sum of:

$[________]

to fully and finally resolve all claims arising from the incident of [__/__/____].

10.2 Response Deadline

This demand shall remain open for thirty (30) calendar days from the date of this letter, expiring on [__/__/____].

10.3 Consequences of Non-Response

1. Filing of a civil complaint in the Connecticut Superior Court, Judicial District of [________________________________]
2. Filing of an Offer of Compromise under Conn. Gen. Stat. § 52-192a, creating exposure to 12% annual interest
3. Pursuit of all available damages, including compensatory damages, costs, attorney's fees, and interest
4. Potential bad faith claim for failure to reasonably settle within policy limits

11. RESERVATION OF RIGHTS

The Claimant expressly reserves the following rights:

☐ To amend or supplement this demand based on additional information
☐ To file suit at any time prior to expiration of the statute of limitations
☐ To file an Offer of Compromise under Conn. Gen. Stat. § 52-192a
☐ To seek common-law punitive damages (costs and attorney's fees)
☐ To pursue claims against additional parties
☐ To file a UM/UIM claim against Claimant's own insurer
☐ All other rights and remedies available under Connecticut law

12. ENCLOSED DOCUMENTS AND EXHIBITS INDEX

Medical Records and Bills

☐ Emergency room records and bills — [________________________________]
☐ Hospital admission/discharge records — [________________________________]
☐ Primary care physician records — [________________________________]
☐ Specialist consultation records — [________________________________]
☐ Physical therapy / rehabilitation records — [________________________________]
☐ Surgical records and operative reports — [________________________________]
☐ Diagnostic imaging reports — [________________________________]
☐ Mental health treatment records — [________________________________]
☐ Pharmacy / prescription records — [________________________________]
☐ Life care plan — [________________________________]

Liability Documentation

☐ Police / incident report — Report No. [________________________________]
☐ Photographs of accident scene
☐ Photographs of vehicle / property damage
☐ Photographs of injuries
☐ Witness statements
☐ Surveillance / dashcam footage

Financial Documentation

☐ Employer verification of lost wages
☐ Tax returns (prior [____] years)
☐ Vocational assessment / economic loss report
☐ Property damage estimate / repair invoice
☐ Out-of-pocket expense receipts

Insurance Documentation

☐ Declaration page — Tortfeasor's policy
☐ Declaration page — Claimant's policy

13. SIGNATURE AND CERTIFICATION

Respectfully submitted,

______________________________________
[Attorney Name]
[Firm Name]
Connecticut Bar No. [________________________________]
[Street Address]
[City], Connecticut [ZIP]
Telephone: [________________________________]
Email: [________________________________]

Date: [__/__/____]

14. SOURCES AND REFERENCES

Connecticut Statutes

• Conn. Gen. Stat. § 37-3a — Rate Recoverable as Damages (10% interest)
• Conn. Gen. Stat. § 38a-335 — Automobile Liability Insurance Requirements (25/50/25)
• Conn. Gen. Stat. § 38a-336 — Uninsured/Underinsured Motorist Coverage Requirements
• Conn. Gen. Stat. § 52-192a — Offer of Compromise / Offer of Judgment (12% interest penalty)
• Conn. Gen. Stat. § 52-225a — Collateral Source Reduction
• Conn. Gen. Stat. § 52-555 — Wrongful Death Actions
• Conn. Gen. Stat. § 52-572h — Negligence Actions; Modified Comparative Negligence; Apportionment
• Conn. Gen. Stat. § 52-584 — Statute of Limitations for Negligence (2 years from discovery / 3-year outer limit)
• Conn. Gen. Stat. § 14-219 — Speed Limits
• Conn. Gen. Stat. § 14-222 — Reckless Driving
• Conn. Gen. Stat. § 14-227a — Operating Under the Influence
• Conn. Gen. Stat. § 14-296aa — Handheld Device Use While Driving

Key Connecticut Case Law

• Bhatt v. Nawaz, 332 Conn. 115 (2019) — Apportionment principles
• Jagger v. Mohawk Mountain Ski Area, Inc., 269 Conn. 672 (2004) — Comparative negligence analysis
• Berry v. Loiseau, 223 Conn. 786 (1992) — Punitive damages limited to litigation expenses

Regulatory Resources

• Connecticut Insurance Department — https://portal.ct.gov/CID
• Connecticut Judicial Branch — https://www.jud.ct.gov/

This template is designed for use by licensed Connecticut attorneys. It must be customized for each individual case. All statutory citations should be verified against current law before use. This document does not constitute legal advice.