Florida Personal Injury Demand Letter

PERSONAL INJURY DEMAND LETTER – FLORIDA

COMPROMISE COMMUNICATION — EVIDENTIARY USE GOVERNED BY FLA. STAT. § 90.408

Section 90.408 limits use of compromise offers and related negotiations to prove liability or claim value. It does not make this letter confidential, privileged, or inadmissible for every purpose.

Date: [DATE]

PARTIES AND COVERAGE INFORMATION

1. INTRODUCTION AND PURPOSE

This letter constitutes a formal demand for compensation on behalf of [CLAIMANT NAME] ("Claimant") for personal injuries and damages sustained as a direct result of the negligence of your insured, [AT-FAULT PARTY] ("Defendant"), arising from an incident that occurred on [DATE] in [CITY], [COUNTY] County, Florida.

2. POLICY LIMITS DISCLOSURE REQUEST

Pursuant to Fla. Stat. § 627.4137, this is a written request for the disclosure due within 30 days. For each known liability policy, including excess or umbrella coverage, please provide:

• The insurer's name
• Each insured's name
• The liability limits
• Any policy or coverage defense the insurer reasonably believes is available when it files the statement
• A copy of the policy
• The statement under oath signed by a corporate officer, claims manager, or superintendent

Please amend the statement immediately if later-discovered facts require an amendment. Noncompliance with § 627.4137 should be documented, but it does not by itself establish statutory bad faith. Any claim under § 624.155 requires independent analysis of the alleged act, statutory notice, cure provisions, and other current conditions.

3. FACTS OF THE INCIDENT

On [DATE], at approximately [TIME], Claimant was [lawfully operating their vehicle / walking / located at premises] at or near [SPECIFIC LOCATION ADDRESS, CITY, COUNTY], Florida, when Defendant [describe specific negligent conduct in detail].

Specific facts:

• [Describe the at-fault party's actions that caused the incident]
• [Describe how Claimant was lawfully acting at the time]
• [Describe any traffic violations, if auto case - cite Florida Statutes]
• [Describe witnesses, if any]

Supporting evidence includes:

• Florida Traffic Crash Report No. [REPORT NUMBER]
• Photographs of the scene and vehicles
• Witness statements from [WITNESSES]

4. LIABILITY ANALYSIS

Defendant is liable for Claimant's injuries and damages based on the following:

1. Duty: Defendant owed Claimant a duty of reasonable care [e.g., to operate their vehicle safely / to maintain safe premises].

2. Breach: Defendant breached this duty by [describe specific negligent acts - e.g., failing to maintain a safe lookout, running a red light, following too closely in violation of Fla. Stat. § 316.0895].

3. Causation: Defendant's breach directly and proximately caused Claimant's injuries.

4. Damages: As a result, Claimant has suffered significant injuries and damages.

Florida Comparative Fault Law

Comparative-fault screen: Under Fla. Stat. § 768.81(6), a party found more than 50 percent at fault for that party's own harm may not recover in a covered negligence action. The subsection excludes medical-negligence actions under chapter 766, and § 768.81 contains other applicability limits. Counsel's supported fault assessment for this claim: [________________________________].

5. INJURIES AND MEDICAL TREATMENT

Injuries Sustained

Claimant sustained the following injuries as a direct result of this incident:

• [Primary diagnosis with ICD-10 code if available]
• [Secondary diagnoses]
• [Additional injuries]

Medical Treatment Timeline

Medical-expense evidence gate (Fla. Stat. § 768.0427): Separate amounts already paid, unpaid incurred charges, insurance or government-program benchmarks, letter-of-protection amounts and transfers, and supported future-care amounts. Billed charges are not automatically the recoverable amount. Counsel must apply subsections (2)-(4) to the claimant's coverage, payment, and treatment facts.

PIP Exhaustion (Auto Cases Only)

[If applicable]: The PIP ledger shows $[__________] paid and $[__________] remaining. Under Fla. Stat. § 627.736, medical reimbursement may reach $10,000 when an authorized provider determines that the injured person had an emergency medical condition, but is limited to $2,500 when the provider determines there was no emergency medical condition. Initial medical services date: [__/__/____]. Emergency-medical-condition determination and provider: [________________________________].

For noneconomic motor-vehicle tort damages, document the applicable Fla. Stat. § 627.737(2) threshold: [significant and permanent loss of an important bodily function / permanent injury within a reasonable degree of medical probability other than scarring or disfigurement / significant and permanent scarring or disfigurement / death].

Prognosis and Future Medical Needs

[Describe prognosis and any anticipated future treatment, surgery, or ongoing care needs]

6. DAMAGES

A. Economic Damages

B. Non-Economic Damages

Claimant has suffered and continues to suffer:

• Significant physical pain and suffering, both past and ongoing
• Mental anguish and emotional distress
• Loss of enjoyment of life
• Inconvenience and disruption of daily activities
• [Permanent scarring or disfigurement, if applicable]
• [Loss of consortium, if applicable]

Damages gate: Do not assume a categorical cap or no-cap rule. Identify any claim-specific limit, immunity, public-entity rule, medical-negligence provision, contractual limit, collateral-source rule, or other restriction before stating the recoverable amount.

7. DEMAND

Based on the clear liability of your insured, the severity and permanence of Claimant's injuries, and the total damages sustained, Claimant demands the total sum of $[TOTAL DEMAND AMOUNT] to fully and finally resolve all claims arising from this incident.

This demand is calculated to fairly compensate Claimant for:

• $[X] in documented economic damages
• Fair compensation for non-economic damages including pain, suffering, and diminished quality of life

8. SETTLEMENT TERMS AND DEADLINE

Response Deadline

This settlement offer will remain open until [DATE] at [TIME / TIME ZONE]. This offer deadline does not extend a filing deadline and is not automatically the 90-day liability-claim safe-harbor period described in Fla. Stat. § 624.155(4). If counsel intends to rely on that subsection, confirm that the insurer received actual notice accompanied by sufficient evidence to support the demanded amount and use the current statutory period.

How to Accept

To accept this demand:

1. Confirm acceptance in writing
2. Tender the demanded amount by [check / wire transfer]
3. Provide a standard release for Claimant's review

Reservation of Rights

If this demand is not accepted within the stated period, Claimant reserves the right to:

• File suit without further notice
• Seek all damages, costs, and interest that are legally recoverable on the classified claim
• Pursue an insurer civil remedy only if the facts and all current statutory or common-law prerequisites support it

9. STATUTE OF LIMITATIONS

⚠️ LIMITATIONS SCREEN: Fla. Stat. § 95.11(5)(a) provides a two-year period for an action founded on negligence. Counsel must calculate accrual and the filing deadline from the claim's facts and governing transition law and separately check wrongful-death, medical-malpractice, intentional-tort, government-defendant, tolling, repose, and other special rules. Counsel-calculated deadline: [DATE / BASIS].

10. ENCLOSED DOCUMENTATION

1. Medical records and itemized billing
2. Proof of past and future medical expenses
3. Photographs of injuries and/or scene
4. Florida Traffic Crash Report (if auto)
5. Lost wage verification from employer
6. [Additional supporting documentation]

Respectfully submitted,

[ATTORNEY NAME]
[FLORIDA BAR NO.]
[LAW FIRM NAME]
[ADDRESS]
[PHONE]
[EMAIL]

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED