PERSONAL INJURY DEMAND LETTER – FLORIDA
FOR SETTLEMENT PURPOSES ONLY – Fla. Stat. § 90.408
Date: [DATE]
PARTIES AND COVERAGE INFORMATION
| Claimant: | [CLAIMANT FULL NAME] |
| Claimant's Attorney: | [ATTORNEY NAME, FIRM, ADDRESS] |
| Insurance Company: | [INSURANCE COMPANY NAME] |
| Claims Adjuster: | [ADJUSTER NAME] |
| Claim Number: | [CLAIM NUMBER] |
| Policy Number: | [POLICY NUMBER] |
| Insured (At-Fault Party): | [INSURED NAME] |
| Date of Loss: | [DATE OF INCIDENT] |
| Location of Incident: | [CITY, COUNTY, FLORIDA] |
| Vehicle Information (if auto): | [YEAR, MAKE, MODEL, VIN] |
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 Florida Statute § 627.4137, you are hereby requested to disclose the liability policy limits and all available coverages within 30 days of receipt of this demand. Please provide:
- Bodily injury liability limits
- Any applicable umbrella or excess coverage
- A certified copy of the policy
Failure to respond within the statutory 30-day period may be evidence of bad faith under Fla. Stat. § 624.155.
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:
-
Duty: Defendant owed Claimant a duty of reasonable care [e.g., to operate their vehicle safely / to maintain safe premises].
-
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].
-
Causation: Defendant's breach directly and proximately caused Claimant's injuries.
-
Damages: As a result, Claimant has suffered significant injuries and damages.
Florida Comparative Fault Law
IMPORTANT (Post-HB 837): Effective March 24, 2023, Florida applies modified comparative negligence. Under Fla. Stat. § 768.81, a claimant who is more than 50% at fault is barred from recovery. Our investigation confirms that Claimant bears no comparative fault for this incident.
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
| Date | Provider | Treatment | Charges | Paid/Payable |
|---|---|---|---|---|
| [DATE] | [ER/Hospital Name] | Emergency evaluation and treatment | $[X] | $[X] |
| [DATE] | [Orthopedic/Specialist] | [Treatment] | $[X] | $[X] |
| [DATE] | [Imaging Center] | MRI / X-rays | $[X] | $[X] |
| [DATE] | [Physical Therapy] | [# sessions] | $[X] | $[X] |
| TOTAL PAST MEDICAL | $[TOTAL] | $[TOTAL] |
Note (Fla. Stat. § 768.0427): Pursuant to HB 837, evidence of medical expenses is limited to amounts actually paid or actually owing. The amounts shown represent the amounts Claimant is obligated to pay.
PIP Exhaustion (Auto Cases Only)
[If applicable]: Claimant has exhausted their $10,000 Personal Injury Protection (PIP) benefits. Claimant's injuries meet Florida's tort threshold, consisting of [significant and permanent loss of bodily function / permanent injury / 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
| Category | Amount |
|---|---|
| Past medical expenses (paid/payable) | $[AMOUNT] |
| Future medical expenses (per life care plan) | $[AMOUNT] |
| Past lost wages ([# days] at $[rate]/day) | $[AMOUNT] |
| Future lost earning capacity | $[AMOUNT] |
| Property damage (if unresolved) | $[AMOUNT] |
| Out-of-pocket expenses | $[AMOUNT] |
| TOTAL ECONOMIC DAMAGES | $[TOTAL] |
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]
Note: Florida does not cap non-economic damages in general negligence cases.
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 demand will remain open for [30/45] days from the date of receipt, expiring on [EXPIRATION DATE].
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 available damages at trial, including costs and pre-judgment interest
- Pursue bad faith claims under Fla. Stat. § 624.155 if applicable
9. STATUTE OF LIMITATIONS
⚠️ WARNING: Florida's statute of limitations for negligence is 2 years (Fla. Stat. § 95.11(5)(a), as amended by HB 837). This claim must be resolved or suit filed by [SOL DATE].
10. ENCLOSED DOCUMENTATION
- Medical records and itemized billing
- Proof of past and future medical expenses
- Photographs of injuries and/or scene
- Florida Traffic Crash Report (if auto)
- Lost wage verification from employer
- [Additional supporting documentation]
Respectfully submitted,
[ATTORNEY NAME]
[FLORIDA BAR NO.]
[LAW FIRM NAME]
[ADDRESS]
[PHONE]
[EMAIL]
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED