PERSONAL INJURY DEMAND LETTER — STATE OF DELAWARE

PRIVILEGED AND CONFIDENTIAL
FOR SETTLEMENT PURPOSES ONLY — PURSUANT TO D.R.E. 408

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 Delaware Rule of Evidence 408 and is intended solely for settlement negotiation purposes. Nothing herein shall constitute an admission or waiver of any rights or claims.

IMPORTANT — PREJUDGMENT INTEREST TRIGGER: Pursuant to 6 Del. C. § 2301, this letter also serves as the Claimant's written settlement demand required to trigger prejudgment interest. This demand is open for a minimum of 30 days. If the final judgment exceeds the amount demanded herein, prejudgment interest at 5% above the Federal Discount Rate shall be imposed from the date of the accident.

Under Delaware's modified comparative negligence system (10 Del. C. § 8132), 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. Delaware imposes no caps on compensatory damages in general personal injury cases and applies the traditional collateral source rule, permitting recovery of the full value of medical services.

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

2. DELAWARE STATUTORY FRAMEWORK

2.1 Negligence and Comparative Fault

• 10 Del. C. § 8132 — Modified Comparative Negligence (51% Bar): In all actions involving the question of negligence, contributory negligence shall not bar recovery if the plaintiff's negligence was not greater than the negligence of the defendant. Any damages shall be diminished in proportion to the amount of negligence attributed to the plaintiff. If the plaintiff is 51% or more at fault, recovery is completely barred.

2.2 Statute of Limitations

• 10 Del. C. § 8119 — The statute of limitations for personal injury in Delaware is 2 years from the date the injuries were sustained.
• Date of loss: [__/__/____] | Filing deadline: [__/__/____]

2.3 No Caps on Damages

• Delaware does NOT impose statutory caps on compensatory damages (economic or non-economic) in general personal injury cases. The full value of all losses is recoverable.

2.4 Joint and Several Liability

• Delaware applies traditional joint and several liability. When the negligence of two or more persons converges to produce a single, indivisible injury, they are jointly and severally liable. The Claimant may seek recovery of the full amount from any at-fault defendant.

2.5 Collateral Source Rule

• Delaware follows the traditional collateral source rule. The full value of medical bills is recoverable, not just the amount paid by private insurance, Medicare, or Medicaid. This rule is favorable to the Claimant.

2.6 Prejudgment Interest

• 6 Del. C. § 2301 — In tort actions for compensatory damages for bodily injuries, death, or property damage:
• Interest shall be added to any final judgment if the plaintiff extended a written settlement demand valid for at least 30 days and the judgment exceeds the demanded amount
• Rate: 5% above the Federal Discount Rate
• Calculated from the date of the accident

3. FACTUAL BACKGROUND

3.1 The Incident

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

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

As a direct and proximate result of your insured's negligence, the Claimant sustained serious personal injuries as described 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 under Delaware law. 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 (21 Del. C. § 4132 et seq.)
☐ Following too closely in violation of 21 Del. C. § 4123
☐ Exceeding the posted speed limit in violation of 21 Del. C. § 4168
☐ Operating while under the influence (21 Del. C. § 4177)
☐ Distracted driving / use of electronic device (21 Del. C. § 4176C)
☐ Running a red light or stop sign (21 Del. C. § 4155)
☐ Careless or inattentive driving (21 Del. C. § 4176)
☐ 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 these injuries.

4.4 Comparative Fault Analysis (10 Del. C. § 8132)

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

Our position is that your insured bears [____]% fault for this incident.

JOINT AND SEVERAL LIABILITY: Delaware applies joint and several liability when multiple tortfeasors cause an indivisible injury. Your insured may be held responsible for the full amount of the Claimant's damages, with a right of contribution against any co-tortfeasors.

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

6. DAMAGES CALCULATION

6.1 Summary of Economic Damages

A. Past Medical Expenses

DELAWARE COLLATERAL SOURCE NOTE: Delaware follows the traditional collateral source rule. The Claimant may recover the full billed value of medical services, not merely the amount paid by health insurance or other collateral sources.

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: $[________]

DELAWARE LAW NOTE: Delaware does NOT impose statutory caps on non-economic damages in general personal injury actions. The full value of all non-economic losses is recoverable.

6.4 Total Compensatory Damages

7. INSURANCE COVERAGE ANALYSIS

7.1 Tortfeasor's Liability Coverage

7.2 Claimant's Coverage

DELAWARE INSURANCE NOTE: Delaware requires minimum auto liability coverage of $25,000/$50,000/$10,000 (21 Del. C. § 2118). Delaware requires PIP coverage at minimums of $15,000 per person / $30,000 per accident (18 Del. C. § 3902). PIP covers medical expenses and lost wages regardless of fault. Delaware is technically a "choice" no-fault state — PIP benefits are primary, but the injured party retains the right to sue the at-fault driver.

7.3 PIP Benefit Coordination

7.4 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
☐ PIP benefits exhausted — full third-party claim warranted

8. PREJUDGMENT INTEREST (6 Del. C. § 2301)

FORMAL SETTLEMENT DEMAND FOR PREJUDGMENT INTEREST PURPOSES

Pursuant to 6 Del. C. § 2301, this demand letter constitutes the Claimant's written settlement demand, open for a minimum of 30 days, as required to trigger prejudgment interest.

Key requirements:
- Written demand extended to defendant valid for minimum 30 days ✓
- If final judgment exceeds the demanded amount, prejudgment interest shall be imposed
- Rate: 5% above the Federal Discount Rate
- Calculated from the date of the accident: [__/__/____]

Settlement demand amount (for § 2301 purposes): $[________]
Demand open through: [__/__/____]

WARNING: If this matter proceeds to trial and the judgment exceeds this demand, your insured will be liable for prejudgment interest at 5% above the Federal Discount Rate from the date of the accident. This could add substantially to the total judgment.

9. PUNITIVE DAMAGES

☐ Punitive damages are applicable to this claim.

Under Delaware law, punitive damages are recoverable where the defendant's actions constituted:

☐ Wanton or willful disregard for the safety of others
☐ Malice
☐ Reckless disregard
☐ [________________________________]

There is no statutory cap on punitive damages in Delaware general tort cases.

Punitive damages claimed: $[________]

☐ Punitive damages are NOT sought at this time. Claimant reserves the right to seek punitive damages in litigation.

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 Superior Court of the State of Delaware, [________________________________] County
2. Prejudgment interest exposure under 6 Del. C. § 2301 if judgment exceeds demand
3. Joint and several liability — your insured may be held responsible for full damages
4. Pursuit of all available damages, including compensatory, punitive, interest, and costs
5. Potential bad faith claim for failure to settle within policy limits

11. RESERVATION OF 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 seek punitive damages
☐ To seek prejudgment interest under 6 Del. C. § 2301
☐ To invoke joint and several liability against all tortfeasors
☐ To pursue claims against additional parties
☐ To file a UM/UIM claim against Claimant's own insurer
☐ All other rights and remedies available under Delaware 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
☐ PIP benefits documentation / exhaustion letter

13. SIGNATURE AND CERTIFICATION

Respectfully submitted,

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

Date: [__/__/____]

14. SOURCES AND REFERENCES

Delaware Statutes

• 6 Del. C. § 2301 — Prejudgment Interest in Tort Actions
• 10 Del. C. § 8107 — Wrongful Death Statute of Limitations
• 10 Del. C. § 8119 — Statute of Limitations for Personal Injury (2 years)
• 10 Del. C. § 8132 — Comparative Negligence (Modified — 51% Bar)
• 10 Del. C. § 3724 — Wrongful Death Actions and Punitive Damages
• 18 Del. C. § 3902 — Personal Injury Protection (PIP) Requirements
• 18 Del. C. § 3909 — Uninsured/Underinsured Motorist Coverage
• 21 Del. C. § 2118 — Mandatory Auto Liability Insurance (25/50/10)
• 21 Del. C. § 4123 — Following Too Closely
• 21 Del. C. § 4168 — Speed Limits
• 21 Del. C. § 4176 — Careless or Inattentive Driving
• 21 Del. C. § 4177 — Operating Under the Influence

Key Delaware Case Law

• Koutoufaris v. Dick, 604 A.2d 390 (Del. 1992) — Joint and several liability
• Culver v. Bennett, 588 A.2d 1094 (Del. 1991) — Collateral source rule
• Jardel Co. v. Hughes, 523 A.2d 518 (Del. 1987) — Punitive damages standard

Regulatory Resources

• Delaware Department of Insurance — https://insurance.delaware.gov/
• Delaware Courts — https://courts.delaware.gov/

This template is designed for use by licensed Delaware 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.