Indiana Personal Injury Demand Letter

PERSONAL INJURY DEMAND LETTER — STATE OF INDIANA

PRIVILEGED AND CONFIDENTIAL — SETTLEMENT COMMUNICATION
PREPARED IN ANTICIPATION OF LITIGATION
Subject to Indiana Rule of Evidence 408

ATTORNEY INFORMATION

Law Firm: [________________________________]
Attorney Name: [________________________________]
Indiana Attorney No.: [________________________________]
Address: [________________________________]
City, State, ZIP: [____________________], Indiana [________]
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 [________________________________], Indiana.

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 Indiana Rule of Professional Conduct 4.2, no contact should be made directly with our client.

The purpose of this demand is to present the relevant facts, applicable Indiana law, Claimant's injuries and damages, and to make a specific settlement demand designed to resolve this matter without the necessity of litigation.

II. FACTUAL BACKGROUND

A. Incident Description

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

Location: [________________________________]
City/County: [________________________________], Indiana
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
☐ Trucking / commercial vehicle accident
☐ Slip and fall / Premises liability
☐ Dog bite / Animal attack (Ind. Code § 15-20-1-3)
☐ Product liability (Indiana Product Liability Act, Ind. Code § 34-20-1-1 et seq.)
☐ Medical malpractice (Indiana Medical Malpractice Act)
☐ 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 / bodycam footage
☐ Cell phone photographs or video
☐ Other: [________________________________]

III. LIABILITY ANALYSIS UNDER INDIANA LAW

A. Negligence Standard

Indiana negligence law requires proof of: (1) a duty owed by the defendant to the plaintiff; (2) a breach of that duty; and (3) injury to the plaintiff proximately caused by the breach. See Goodwin v. Yeakle's Sports Bar & Grill, Inc., 62 N.E.3d 384 (Ind. 2016).

B. Defendant's Breach of Duty

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

☐ Failure to exercise due care (Ind. Code § 9-21-8-2)
☐ Failure to yield the right-of-way (Ind. Code § 9-21-8-30 et seq.)
☐ Following too closely (Ind. Code § 9-21-8-14)
☐ Excessive speed for conditions (Ind. Code § 9-21-5-1 et seq.)
☐ Violation of traffic control device (Ind. Code § 9-21-3-7)
☐ Distracted driving / texting (Ind. Code § 9-21-8-59)
☐ Driving under the influence (Ind. Code § 9-30-5-1 et seq.)
☐ Failure to maintain safe premises (Premises liability)
☐ Violation of building code or safety standard
☐ Negligent entrustment
☐ Respondeat superior / vicarious liability
☐ Other: [________________________________]

Specific breaches:
[________________________________]
[________________________________]

C. Indiana Modified Comparative Fault (51% Bar Rule)

Indiana Code § 34-51-2-5 and § 34-51-2-6 establish Indiana's modified comparative fault system:

"In an action based on fault, any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages... but does not bar the claimant from recovery." (Ind. Code § 34-51-2-5)

"In an action based on fault... the claimant is barred from recovery if the claimant's fault is greater than the fault of all persons whose fault proximately contributed to the claimant's damages." (Ind. Code § 34-51-2-6)

Under Indiana's system:

• The plaintiff is barred from any recovery if found more than 50% at fault (i.e., 51% or more)
• If the plaintiff is 50% or less at fault, damages are reduced by the plaintiff's fault percentage
• The trier of fact allocates fault percentages to all parties and nonparties

Application to This Case: The evidence demonstrates that your insured bears [____]% or more of the fault for this incident. Claimant's fault, if any, is minimal and should not materially reduce recovery.

D. Joint and Several Liability — ABOLISHED

Under Indiana Code § 34-51-2-8, joint and several liability has been abolished in Indiana. Each defendant is liable only for their proportionate share of fault, except in cases involving intentional torts or concerted action.

E. Collateral Source Rule

Under Indiana Code § 34-44-1-2, a defendant may introduce evidence of collateral source payments (such as health insurance). However, this provision does not apply to:

• Insurance purchased by the plaintiff or their family
• Benefits under federal, state, or local government programs

Claimant's health insurance payments are therefore not admissible to reduce damages.

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)
☐ Knee injury (meniscus tear, ligament tear, fracture)
☐ Hip injury (fracture, labral tear)
☐ 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: [________________________________]
Arrived Via: ☐ Ambulance ☐ Self ☐ Other
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:
[________________________________]
[________________________________]

Treating Physician's Prognosis:
[________________________________]

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

D. Future Medical Treatment

☐ Life care plan prepared by [________________________________] — enclosed.

V. DAMAGES CALCULATION

A. Past Medical Expenses (Itemized)

Note — Medical Malpractice Cases: If this claim arises from medical malpractice, the total damages cap under the Indiana Medical Malpractice Act (Ind. Code § 34-18-14-3) is $1,800,000, which includes all damages. The first $500,000 is paid by the healthcare provider's insurer; amounts above $500,000 are paid by the Patient's Compensation Fund.

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 ☐ Tax returns ☐ Pay stubs

D. Future Lost Earning Capacity

Basis for Claim: [________________________________]
Vocational Expert: [________________________________]
Economist: [________________________________]
Projected Loss Period: [____] years
Present Value of Future Lost Earnings: $[________]

E. Noneconomic Damages (Pain and Suffering)

No Statutory Cap on Noneconomic Damages for general personal injury claims in Indiana. Caps apply only in medical malpractice cases (Ind. Code § 34-18-14-3).

Claimant has suffered and continues to suffer:

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

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

Noneconomic Damages Claimed: $[________]

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: Indiana requires minimum liability coverage of $25,000/$50,000/$25,000 (Ind. Code § 27-7-5-2). If your insured carried only minimum limits, available coverage may be grossly insufficient.

B. Claimant's Coverage

Carrier: [________________________________]
Policy Number: [________________________________]

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

Note on UM/UIM: Indiana requires insurers to offer UM/UIM coverage. The insured may reject in writing. Stacking of UM/UIM policies is generally not permitted in Indiana unless the policy provides otherwise.

C. Other Potential Coverage

☐ Homeowner's / Renter's insurance
☐ Commercial general liability
☐ Workers' compensation
☐ Health insurance subrogation / lien: $[________]
☐ Medicare / Medicaid lien: $[________]
☐ ERISA lien: $[________]

VII. PREJUDGMENT INTEREST

Indiana Code § 34-51-4-8 and § 34-51-4-9 provide for prejudgment interest in personal injury cases:

Key Provisions:

• Court may award prejudgment interest after a party makes an offer of settlement that is not accepted
• Rate: Set by the court, not less than 6% and not more than 10% per annum
• Accrual: Court excludes any period of delay caused by the party seeking interest
• Applies to compensatory damages

Application:

• If Claimant makes a settlement offer under Ind. Code § 34-51-4-1 et seq. and Defendant fails to accept, prejudgment interest may be awarded from the date of the offer
• Interest rate will be set between 6% and 10% at the court's discretion

WARNING: Failure to engage in good-faith settlement negotiations may expose the insurer and insured to significant prejudgment interest in addition to the underlying damages.

VIII. PUNITIVE DAMAGES

Indiana Punitive Damages: Ind. Code § 34-51-3-4 caps punitive damages at the greater of three (3) times compensatory damages or $50,000.

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

Under Indiana Code § 34-51-3-2, punitive damages may be awarded only if the plaintiff proves by clear and convincing evidence that the defendant acted with malice, fraud, gross negligence, or oppressiveness.

Important: Under Ind. Code § 34-51-3-6, 75% of any punitive damages award is paid to the Indiana Violent Crimes Victims Compensation Fund, and only 25% goes to the plaintiff.

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

IX. SETTLEMENT DEMAND

Based on the foregoing analysis of liability, injuries, damages, and applicable Indiana 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 Indiana law.

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.

X. STATUTE OF LIMITATIONS WARNING

IMPORTANT: Under Indiana Code § 34-11-2-4, the statute of limitations for personal injury claims in Indiana is two (2) years from the date of injury. The date of loss was [__/__/____], making the deadline [__/__/____].

Medical Malpractice Note: If this is a medical malpractice claim, a proposed complaint must first be filed with the Indiana Department of Insurance under the Indiana Medical Malpractice Act (Ind. Code § 34-18-8-4). The filing of the proposed complaint tolls the statute of limitations.

If this matter is not resolved prior to the deadline, Claimant will file suit without further notice.

XI. RESERVATION OF RIGHTS AND LITIGATION WARNING

Claimant expressly reserves the right to:

1. File suit in the appropriate Indiana court if this matter is not resolved by the stated deadline
2. Seek all damages available under Indiana law, including compensatory damages, prejudgment interest (Ind. Code § 34-51-4-8), costs, and attorney's fees where applicable
3. Seek punitive damages under Ind. Code § 34-51-3-2 where the evidence supports such a claim
4. Pursue additional parties whose fault contributed to Claimant's injuries
5. Pursue UM/UIM benefits if the tortfeasor's coverage is insufficient
6. Claim additional damages discovered after the date of this letter

This demand letter is a settlement communication and is not a complete statement of all facts, injuries, or damages.

XII. MEDICAL RECORDS AND EXHIBITS INDEX

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

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
☐ UM/UIM information
☐ Health insurance lien documentation
☐ Medicare / Medicaid conditional payment information

Other

☐ Prior demand correspondence
☐ [________________________________]

XIII. SIGNATURE BLOCK

Respectfully submitted,

[________________________________]
Attorney for Claimant
Indiana Attorney No.: [________________________________]

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

Date: [__/__/____]

XIV. SOURCES AND REFERENCES

Indiana Statutes

• Ind. Code § 34-51-2-5 through 34-51-2-6 — Modified Comparative Fault (51% Bar)
• Ind. Code § 34-51-2-8 — Several Liability Only (Joint and Several Abolished)
• Ind. Code § 34-11-2-4 — Statute of Limitations (Personal Injury — 2 Years)
• Ind. Code § 34-23-1-1 — Wrongful Death
• Ind. Code § 34-51-3-2 and 34-51-3-4 — Punitive Damages (Clear and Convincing; Cap: Greater of 3x Compensatory or $50,000)
• Ind. Code § 34-51-3-6 — 75% of Punitive Award to Violent Crimes Fund
• Ind. Code § 34-18-14-3 — Medical Malpractice Damages Cap ($1,800,000)
• Ind. Code § 34-51-4-8 and 34-51-4-9 — Prejudgment Interest (6% to 10%)
• Ind. Code § 34-44-1-2 — Collateral Source Evidence
• Ind. Code § 27-7-5-2 — Mandatory Auto Insurance (25/50/25)

Key Indiana Cases

• Goodwin v. Yeakle's Sports Bar & Grill, Inc., 62 N.E.3d 384 (Ind. 2016) — Elements of negligence
• Hubbard v. Wabash Cnty., 723 N.E.2d 1376 (Ind. 2000) — Comparative fault analysis

Official Resources

• Indiana General Assembly: https://iga.in.gov
• Indiana Department of Insurance: https://www.in.gov/idoi
• Indiana Courts: https://www.in.gov/courts

This template is designed for use by licensed Indiana 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.