Idaho Personal Injury Demand Letter

PERSONAL INJURY DEMAND LETTER — STATE OF IDAHO

SETTLEMENT COMMUNICATION — SUBJECT TO IDAHO RULE OF EVIDENCE 408

ATTORNEY INFORMATION

Law Firm: [________________________________]
Attorney Name: [________________________________]
Idaho State Bar No.: [________________________________]
Address: [________________________________]
City, State, ZIP: [____________________], Idaho [________]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

CLAIM INFORMATION

Date of Letter: [__/__/____]

Sent Via: ☐ Certified Mail, Return Receipt Requested ☐ Regular U.S. Mail ☐ Email ☐ Facsimile

To:
Insurance Company: [________________________________]
Claims Adjuster: [________________________________]
Adjuster Address: [________________________________]
City, State, ZIP: [________________________________]

Claim Number: [________________________________]
Policy Number: [________________________________]
Insured (Defendant): [________________________________]
Claimant: [________________________________]
Date of Loss: [__/__/____]
Date of Birth (Claimant): [__/__/____]
Type of Claim: ☐ Bodily Injury ☐ Wrongful Death ☐ Property Damage ☐ Uninsured Motorist ☐ Underinsured Motorist

I. INTRODUCTION AND PURPOSE

This letter constitutes a formal demand for settlement on behalf of our client, [________________________________] ("Claimant"), for personal injuries, damages, and losses sustained as a direct and proximate result of the negligence of your insured, [________________________________] ("Defendant"), arising from an incident that occurred on [__/__/____] in [________________________________], Idaho.

This firm has been retained to represent Claimant in connection with all claims arising from this incident. Please direct all future communications regarding this matter exclusively to our office. Pursuant to Idaho Rule of Professional Conduct 4.2, no contact should be made directly with our client.

The purpose of this demand letter is to set forth the relevant facts, applicable Idaho law, the nature and extent of Claimant's injuries and damages, and our settlement demand. We have thoroughly investigated this matter and believe the evidence overwhelmingly supports liability on the part of your insured.

II. FACTUAL BACKGROUND

A. Incident Description

On [__/__/____], at approximately [____] ☐ a.m. ☐ p.m., the following incident occurred:

Location: [________________________________]
City/County: [________________________________], Idaho
Weather Conditions: [________________________________]
Road/Surface Conditions: [________________________________]
Lighting Conditions: ☐ Daylight ☐ Dusk ☐ Dawn ☐ Darkness ☐ Artificial Lighting

Type of Incident:
☐ Motor vehicle collision
☐ Rear-end collision
☐ Intersection collision
☐ Head-on collision
☐ Side-impact / T-bone collision
☐ Pedestrian accident
☐ Bicycle accident
☐ Motorcycle accident
☐ Slip and fall / Premises liability
☐ Dog bite / Animal attack
☐ Product liability
☐ Other: [________________________________]

B. Narrative of Events

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

C. Police Report / Incident Documentation

Responding Agency: [________________________________]
Report Number: [________________________________]
Investigating Officer: [________________________________]
Badge Number: [________________________________]

The official report documents:

• [________________________________]
• [________________________________]
• [________________________________]

Citations Issued to Defendant: ☐ Yes ☐ No
If yes, specify: [________________________________]

D. Witnesses

E. Photographic and Video Evidence

☐ Photographs of accident scene
☐ Photographs of vehicle damage / hazardous condition
☐ Photographs of Claimant's visible injuries
☐ Surveillance camera footage
☐ Dashcam footage
☐ Bodycam footage (law enforcement)
☐ Other: [________________________________]

III. LIABILITY ANALYSIS UNDER IDAHO LAW

A. Negligence Standard

Under Idaho law, a claim for negligence requires proof of four elements: (1) a duty, recognized by law, requiring the defendant to conform to a certain standard of conduct; (2) a breach of that duty; (3) a causal connection between the defendant's conduct and the resulting injury (proximate cause); and (4) actual loss or damage. See Boots v. Winters, 145 Idaho 389 (2008).

B. Defendant's Breach of Duty

Your insured breached the applicable duty of care in the following respects:

☐ Failure to maintain a proper lookout or exercise due care (fact-specific common-law duty; Idaho Code § 49-615 where applicable)
☐ Failure to yield the right-of-way under the fact-specific provision (Idaho Code § [________])
☐ Following too closely (Idaho Code § 49-638)
☐ Excessive speed for conditions (Idaho Code § 49-654)
☐ Running a red light (Idaho Code § 49-802) or stop sign (Idaho Code § 49-807)
☐ Distracted driving
☐ Driving under the influence (Idaho Code § 18-8004)
☐ Failure to maintain safe premises
☐ Failure to warn of known hazardous condition
☐ Negligent maintenance of property
☐ Negligent entrustment of a motor vehicle
☐ Other: [________________________________]

Specific breaches:
[________________________________]
[________________________________]

C. Idaho Individual-Comparison Comparative Responsibility

Idaho Code § 6-801 provides: "Contributory negligence or comparative responsibility ... shall not bar recovery in an action by any person or his legal representative to recover damages for negligence, gross negligence, or comparative responsibility resulting in death or in injury to person or property, if such negligence or comparative responsibility was not as great as the negligence or comparative responsibility of the person against whom recovery is sought."

Under Idaho's comparative-responsibility system:

• Recovery against a particular person is barred if the plaintiff's responsibility is as great as or greater than that person's responsibility
• Any permitted damages are reduced by the plaintiff's percentage of responsibility
• The jury assigns percentages of fault to all parties (Idaho Code § 6-802)

Application to This Case: Based on the evidence gathered, including [________________________________], your insured bears [____]% of the fault for this incident. Claimant's fault, if any, is minimal and should not reduce the recovery in any material respect.

D. Joint and Several Liability

Idaho Code § 6-803 has largely abolished joint and several liability. Each defendant is liable only for their proportionate share of fault, with narrow exceptions for:

• Parties acting in concert (Idaho Code § 6-803(5))
• Agency or employment relationships
• Specific statutory causes of action

IV. INJURIES AND MEDICAL TREATMENT

A. Summary of Injuries

As a direct and proximate result of this incident, Claimant sustained the following injuries:

☐ 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, impingement)
☐ Knee injury (meniscus tear, ligament tear, fracture)
☐ Hip injury (fracture, labral tear, dislocation)
☐ Rib fractures
☐ Facial lacerations / scarring / disfigurement
☐ Dental injuries
☐ Wrist / hand / finger fractures or sprains
☐ Ankle / foot fractures or sprains
☐ Internal organ injury
☐ Soft tissue injuries (sprains, strains, contusions)
☐ Post-traumatic stress disorder (PTSD)
☐ Anxiety / Depression
☐ Chronic pain syndrome
☐ Other: [________________________________]

Primary Diagnoses (ICD-10 Codes):

1. [________________________________] — [________]
2. [________________________________] — [________]
3. [________________________________] — [________]
4. [________________________________] — [________]
5. [________________________________] — [________]

B. Chronological Treatment History

Emergency / Initial Treatment

Date: [__/__/____]
Provider: [________________________________]
Facility: [________________________________]
Treatment: [________________________________]
Findings: [________________________________]

Primary Care / Follow-Up Treatment

Specialist Treatment

Specialist: [________________________________]
Specialty: [________________________________]
Treatment Period: [__/__/____] through [__/__/____]
Treatment Provided: [________________________________]
Findings/Recommendations: [________________________________]

Diagnostic Imaging

Physical Therapy / Rehabilitation

Provider: [________________________________]
Treatment Period: [__/__/____] through [__/__/____]
Number of Sessions: [____]
Treatment Modalities: [________________________________]
Progress / Outcome: [________________________________]

Surgical Treatment (if applicable)

Date: [__/__/____]
Surgeon: [________________________________]
Facility: [________________________________]
Procedure: [________________________________]
Outcome: [________________________________]

Pain Management (if applicable)

Provider: [________________________________]
Treatment Period: [__/__/____] through [__/__/____]
Treatment Modalities:
☐ Epidural steroid injections
☐ Facet joint injections
☐ Nerve blocks
☐ Trigger point injections
☐ Radiofrequency ablation
☐ Medication management
☐ Other: [________________________________]

C. Current Condition and Prognosis

Claimant's current condition is as follows:
[________________________________]
[________________________________]

Treating Physician's Prognosis:
[________________________________]
[________________________________]

☐ Claimant has reached Maximum Medical Improvement (MMI)
☐ Claimant continues to require ongoing treatment
☐ Future surgery is recommended: [________________________________]
☐ Permanent impairment rating assigned: [____]% whole person

D. Future Medical Treatment

Based on the recommendations of Claimant's treating physicians, the following future medical care is anticipated:

☐ A life care plan has been prepared by [________________________________] and is enclosed.

V. DAMAGES CALCULATION

A. Past Medical Expenses (Itemized)

B. Future Medical Expenses

C. Past Lost Wages / Income

Employer: [________________________________]
Position/Title: [________________________________]
Rate of Pay: $[________] per ☐ hour ☐ week ☐ month ☐ year
Period of Absence: [__/__/____] through [__/__/____]
Total Days Missed: [____]
Verification: ☐ Employer letter attached ☐ Tax returns attached ☐ Pay stubs attached

D. Future Lost Earning Capacity

Basis for Claim: [________________________________]
Vocational Expert: [________________________________] (report ☐ attached ☐ available upon request)
Economist: [________________________________] (report ☐ attached ☐ available upon request)
Projected Loss Period: [____] years
Present Value of Future Lost Earnings: $[________]

E. Noneconomic Damages (Pain and Suffering)

IMPORTANT — IDAHO NONECONOMIC DAMAGES CAP: Idaho Code § 6-1603 imposes a claimant-based cap on noneconomic damages and adjusts the maximum each July 1 using the Idaho Industrial Commission average-annual-wage percentage under Idaho Code § 72-409(2), not the Consumer Price Index. Verify the figure effective for the applicable period from the current Commission schedule or a documented statutory calculation.

Claimant has suffered and continues to suffer the following noneconomic damages:

☐ Physical pain and suffering (past and ongoing)
☐ Mental and emotional distress
☐ Anxiety and depression
☐ Loss of enjoyment of life
☐ Loss of sleep / insomnia
☐ Scarring and disfigurement
☐ Physical limitations and disability
☐ Loss of independence
☐ Interference with daily activities
☐ Other: [________________________________]

Narrative of Impact on Daily Life:
[________________________________]
[________________________________]
[________________________________]

Noneconomic Damages Claimed: $[________]
(subject to Idaho Code § 6-1603 cap as adjusted)

F. Loss of Consortium (if applicable)

Spouse/Partner Name: [________________________________]
Description of Impact: [________________________________]
Amount Claimed: $[________]

G. Property Damage

H. Out-of-Pocket Expenses

I. Summary of All Damages

VI. INSURANCE COVERAGE ANALYSIS

A. Defendant's Liability Coverage

Carrier: [________________________________]
Policy Number: [________________________________]
Bodily Injury Limits: $[________] / $[________] (per person / per accident)
Property Damage Limits: $[________]
Umbrella / Excess Policy: ☐ Yes ☐ No ☐ Unknown — Limits: $[________]

Note: Idaho Code § 49-1229 requires minimum liability coverage of $25,000/$50,000/$15,000. If the insured carried only minimum limits, the available coverage may be insufficient to fully compensate Claimant's damages.

B. Claimant's Coverage

Carrier: [________________________________]
Policy Number: [________________________________]

☐ Uninsured Motorist (UM): $[________] / $[________]
☐ Underinsured Motorist (UIM): $[________] / $[________]
☐ Medical Payments (MedPay): $[________]
☐ Collision Coverage: $[________] (deductible: $[________])

Note on Stacking: Stacking is policy-specific. Gearhart v. Mutual of Enumclaw Insurance Co., 160 Idaho 664, 378 P.3d 454 (2016), rejected the inartful anti-stacking language before it; analyze each policy's coverage, limits, offsets, and other-insurance terms.

C. Other Potential Coverage

☐ Homeowner's / Renter's insurance (premises liability claims)
☐ Commercial general liability (business-related claims)
☐ Workers' compensation (if applicable)
☐ Health insurance subrogation / lien: $[________]
☐ Medicare / Medicaid lien: $[________]
☐ ERISA lien: $[________]

VII. PREJUDGMENT INTEREST

Idaho Code § 28-22-104(1) supplies a twelve-percent annual rate, absent a different express written rate, only for the money categories listed in that subsection. Subsection (2)'s five-percent-plus-base-rate formula applies to money due on a judgment. Neither provision alone establishes that unadjudicated personal-injury damages earn prejudgment interest or selects the date interest begins. Counsel must identify claim-specific entitlement and accrual authority before including prejudgment interest in this demand.

Calculation:

• Interest-bearing amount, if supported: $[________]
• Claim-specific authority: [________________________________]
• Supported accrual date: [__/__/____]
• Rate: [____]% per annum
• Period: [__/__/____] through present
• Accrued prejudgment interest: $[________]

VIII. PUNITIVE DAMAGES

Notice: Idaho Code § 6-1604 permits punitive damages upon a showing by clear and convincing evidence of oppressive, fraudulent, malicious, or outrageous conduct.

☐ This case does involve conduct warranting punitive damages.
☐ This case does not currently involve a claim for punitive damages.

If applicable, punitive damages are warranted because:
[________________________________]
[________________________________]

Punitive damages under Idaho law are capped at the greater of $250,000 or three times (3x) compensatory damages (Idaho Code § 6-1604). The jury is not informed of this limitation.

IX. SETTLEMENT DEMAND

Based on the foregoing analysis of liability, injuries, damages, and applicable Idaho law, Claimant hereby demands the total sum of:

$[________________________________]

This demand is made in good faith and reflects the full value of Claimant's damages under Idaho law. This amount includes all economic damages, noneconomic damages (subject to the Idaho Code § 6-1603 cap), and applicable prejudgment interest.

Response Deadline: This demand shall remain open for [____] days from the date of this letter, specifically until [__/__/____].

Method of Response: Please respond in writing to the undersigned at the address listed above.

X. STATUTE OF LIMITATIONS WARNING

IMPORTANT: Idaho Code § 5-219(4) uses a two (2) year period for personal-injury claims. Outside its narrow foreign-object and fraudulent-concealment branches, the claim accrues at the occurrence, act, or omission complained of. Record that event as [__/__/____] and have Idaho counsel calculate the deadline as [__/__/____]; do not assume the injury or demand date controls.

If this claim is not resolved prior to the expiration of the statute of limitations, Claimant will file suit without further notice.

Government Claims Note: If any government entity or employee is involved, a tort claim notice must be filed within 180 days under Idaho Code § 6-905.

XI. RESERVATION OF RIGHTS AND LITIGATION WARNING

Claimant expressly reserves the right to:

1. File suit in the appropriate Idaho District Court if this matter is not resolved by the stated deadline
2. Seek all damages available under Idaho law, including but not limited to economic damages, noneconomic damages, prejudgment interest, costs, and attorney's fees where applicable
3. Amend the pleadings to add a claim for punitive damages under Idaho Code § 6-1604 if warranted by the evidence
4. Pursue additional parties whose negligence contributed to Claimant's injuries
5. Pursue underinsured motorist (UIM) benefits if the tortfeasor's coverage is insufficient to fully compensate Claimant
6. Claim additional damages that are discovered after the date of this letter, including but not limited to future medical treatment, aggravation of injuries, and additional lost income

This demand letter is a settlement communication and is not intended to be a complete statement of all facts, injuries, or damages. Claimant's investigation is ongoing, and additional evidence may be developed.

Nothing in this letter shall be construed as a waiver of any rights or claims available to Claimant under Idaho law.

XII. MEDICAL RECORDS AND EXHIBITS INDEX

The following documents are enclosed or available upon request in support of this demand:

Medical Records and Bills

☐ Emergency room records and bills — [________________________________]
☐ Hospital records and bills — [________________________________]
☐ Primary care physician records — [________________________________]
☐ Specialist records and bills — [________________________________]
☐ Physical therapy records and bills — [________________________________]
☐ Chiropractic records and bills — [________________________________]
☐ Pain management records and bills — [________________________________]
☐ Surgical records — [________________________________]
☐ Diagnostic imaging reports — [________________________________]
☐ Pharmacy records — [________________________________]
☐ Mental health treatment records — [________________________________]
☐ Medical narrative / causation letter — [________________________________]
☐ Life care plan — [________________________________]

Employment and Income Documentation

☐ Employer verification of lost wages letter
☐ Pay stubs / earnings statements
☐ Tax returns (prior 3 years)
☐ Vocational expert report
☐ Economist report (future earning capacity)

Incident Documentation

☐ Police report / incident report
☐ Photographs of accident scene
☐ Photographs of injuries
☐ Photographs of property damage
☐ Witness statements
☐ Surveillance / dashcam footage
☐ Expert reports (accident reconstruction, etc.)

Insurance Documentation

☐ Defendant's declarations page
☐ Claimant's declarations page
☐ Prior PIP / MedPay payments
☐ Health insurance lien documentation
☐ Medicare / Medicaid lien documentation

Other

☐ Prior demand correspondence
☐ [________________________________]
☐ [________________________________]

XIII. SIGNATURE BLOCK

This demand is submitted on behalf of our client in good faith and in the interest of resolving this matter without the necessity of litigation.

Respectfully submitted,

[________________________________]
Attorney for Claimant
Idaho State Bar No.: [________________________________]

[________________________________]
[Law Firm Name]
[Address]
[City], Idaho [ZIP]
Tel: [________________________________]
Fax: [________________________________]
Email: [________________________________]

Date: [__/__/____]

XIV. SOURCES AND REFERENCES

Idaho Statutes

• Idaho Code § 6-801 — Comparative Responsibility (individual comparison)
• Idaho Code § 6-802 — Comparative Responsibility — Jury Instructions
• Idaho Code § 6-803 — Joint and Several Liability Limitations
• Idaho Code § 5-219 — Statute of Limitations (Personal Injury — 2 Years)
• Idaho Code § 5-311 — Wrongful Death Actions
• Idaho Code § 6-1603 — Noneconomic Damages Cap (Base $250,000, Adjusted Annually)
• Idaho Code § 6-1604 — Punitive Damages (Clear and Convincing Standard; Cap: Greater of $250,000 or 3x Compensatory)
• Idaho Code § 49-1229 — Mandatory Automobile Liability Insurance (25/50/15)
• Idaho Code § 28-22-104 — Legal Rate of Interest
• Idaho Code § 6-905 — Tort Claims Against Government Entities (180-Day Notice)

Key Idaho Cases

• Boots v. Winters, 145 Idaho 389 (2008) — Elements of negligence
• Gearhart v. Mutual of Enumclaw Insurance Co., 160 Idaho 664, 378 P.3d 454 (2016) — policy-specific anti-stacking language
• Seiniger Law Office v. N. Pac. Ins. Co., 145 Idaho 241 (2008) — Bad faith insurance practices

Official Resources

• Idaho State Legislature: https://legislature.idaho.gov
• Idaho Department of Insurance: https://doi.idaho.gov
• Idaho State Judiciary: https://isc.idaho.gov

This template is designed for use by licensed Idaho attorneys. It must be customized to the specific facts and circumstances of each case. All statutory citations should be verified as current before use. This document does not constitute legal advice.