Minnesota Personal Injury Demand Letter

PERSONAL INJURY DEMAND LETTER — MINNESOTA

FOR SETTLEMENT PURPOSES ONLY — FEDERAL RULE OF EVIDENCE 408 / MINN. R. EVID. 408

PRIVILEGED AND CONFIDENTIAL SETTLEMENT COMMUNICATION

Date: [__/__/____]

VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED

SENDER (Attorney/Law Firm)

RECIPIENT (Insurance Adjuster/Claims Department)

CLAIMANT INFORMATION

I. INTRODUCTION AND PURPOSE

Dear [________________________________]:

This office represents [________________________________] ("Claimant") in connection with personal injuries sustained in a [☐ motor vehicle collision ☐ slip and fall ☐ premises liability incident ☐ other: ________________________________] that occurred on [__/__/____] in [________________________________], Minnesota. This letter constitutes a formal demand for settlement of all liability claims against your insured, [________________________________] ("Tortfeasor/Defendant"), arising from the above-referenced incident.

This demand is made pursuant to and in accordance with Minnesota tort law and the Minnesota No-Fault Automobile Insurance Act (Minn. Stat. § 65B.41-71), as applicable. This communication is intended solely for settlement purposes and is protected under Minnesota Rule of Evidence 408 and Federal Rule of Evidence 408. Nothing herein shall be construed as a waiver of any rights, claims, or causes of action.

Claimant has authorized this office to negotiate and settle all claims arising from this incident. A signed letter of representation is enclosed.

II. MINNESOTA NO-FAULT FRAMEWORK (Motor Vehicle Cases)

☐ This section applies — Motor vehicle accident case
☐ This section does not apply — Non-motor vehicle case (skip to Section III)

A. Minnesota No-Fault Act (Minn. Stat. § 65B.41-71)

Minnesota is a no-fault automobile insurance state. Under the Minnesota No-Fault Automobile Insurance Act, every automobile insurance policy must include basic economic loss benefits (Personal Injury Protection / "PIP"), regardless of fault.

B. PIP Benefits (Minn. Stat. § 65B.44)

Minnesota law mandates a minimum of $40,000 in PIP benefits per injured person:

Claimant's PIP Benefits Status:

C. Tort Claim Coordination

Under Minnesota's no-fault system, a claimant may pursue a third-party tort claim for:

• Non-economic damages (pain and suffering, emotional distress, loss of enjoyment)
• Economic damages exceeding PIP benefits (excess medical expenses, excess wage loss)
• Other damages not compensable through PIP

Minnesota does NOT require a "serious injury" threshold to pursue a tort claim (unlike Michigan). Claimant may pursue tort damages in addition to PIP benefits.

III. FACTUAL BACKGROUND

A. The Incident

On [__/__/____], at approximately [____:____ ☐ AM ☐ PM], Claimant was [________________________________] at or near [________________________________] (exact location), in [________________________________], [________________________________] County, Minnesota.

At that time, Tortfeasor was operating a [____] [________________________________] [________________________________] (year/make/model), bearing Minnesota license plate number [________________________________], traveling [☐ northbound ☐ southbound ☐ eastbound ☐ westbound] on [________________________________].

Description of the incident:

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

B. Emergency Response

C. Police Report Summary

The police report [☐ does ☐ does not] indicate that Tortfeasor was cited for [________________________________] under Minnesota Statutes § [________________________________].

Contributing factors noted in report:

☐ Failure to yield right of way
☐ Following too closely (Minn. Stat. § 169.18, subd. 8)
☐ Improper lane change
☐ Running red light/stop sign (Minn. Stat. § 169.06)
☐ Excessive speed (Minn. Stat. § 169.14)
☐ Distracted driving (Minn. Stat. § 169.475)
☐ DWI/DUI (Minn. Stat. § 169A.20)
☐ Failure to signal (Minn. Stat. § 169.19)
☐ Careless driving (Minn. Stat. § 169.13)
☐ Other: [________________________________]

D. Witness Information

E. Scene Evidence

☐ Photographs of the accident scene
☐ Photographs of vehicle damage
☐ Video/dashcam footage
☐ Surveillance camera footage
☐ Traffic signal/camera data
☐ Skid mark measurements
☐ Accident reconstruction report
☐ Weather and road condition reports (Minnesota DOT records)
☐ Property damage estimates/repair records
☐ Event data recorder (EDR/"black box") data

IV. LIABILITY ANALYSIS

A. Minnesota Negligence Standard

Under Minnesota law, to establish negligence, a plaintiff must prove: (1) the existence of a duty of care; (2) breach of that duty; (3) a causal connection between the breach and the injury; and (4) actual damages. Lubbers v. Anderson, 539 N.W.2d 398, 401 (Minn. 1995).

B. Tortfeasor's Negligence

Your insured was negligent in the following respects:

☐ Failed to maintain a proper lookout
☐ Failed to yield the right of way in violation of Minn. Stat. § [________________________________]
☐ Operated the vehicle at an excessive rate of speed in violation of Minn. Stat. § 169.14
☐ Followed too closely in violation of Minn. Stat. § 169.18, subd. 8
☐ Failed to obey a traffic control device in violation of Minn. Stat. § 169.06
☐ Operated the vehicle while distracted in violation of Minn. Stat. § 169.475
☐ Operated the vehicle under the influence in violation of Minn. Stat. § 169A.20
☐ Failed to signal before turning/changing lanes in violation of Minn. Stat. § 169.19
☐ Drove carelessly or recklessly in violation of Minn. Stat. § 169.13
☐ Failed to use due care and caution under the circumstances
☐ Negligent maintenance of premises (premises liability)
☐ Other: [________________________________]

C. Minnesota Comparative Fault (Minn. Stat. § 604.01)

Minnesota applies a modified comparative fault system with a 51% bar. Under Minn. Stat. § 604.01, subd. 1:

• Contributory fault does not bar recovery if the plaintiff's fault was not greater than the fault of the defendant(s).
• If the plaintiff is found to be 51% or more at fault, recovery is completely barred.
• If recovery is not barred, damages are reduced by the plaintiff's percentage of fault.
• The court shall direct the jury to find separate special verdicts determining the amount of damages and the percentage of fault attributable to each party.

Claimant bears no fault for this incident. The evidence establishes that Tortfeasor was solely responsible:

[________________________________]
[________________________________]
[________________________________]

D. Joint and Several Liability (Minn. Stat. § 604.02)

Following the 2003 amendment, Minnesota applies the following rules for multiple tortfeasors:

• General Rule: Several liability — each defendant pays only their allocated percentage of fault
• Exception — Joint and Several Liability applies when:
• A defendant is found to be more than 50% at fault
• The defendant acted with intent
• The defendant's liability arises under Minn. Stat. § 340A.801 (Dram Shop Act)
• Environmental contamination cases

V. INJURIES AND MEDICAL TREATMENT

A. Initial Emergency Treatment

Date: [__/__/____]
Facility: [________________________________] Hospital/Emergency Department
Treating Physician(s): [________________________________], M.D.

Chief Complaints Upon Presentation:

[________________________________]
[________________________________]

Emergency Diagnosis:

☐ Concussion / Traumatic brain injury (TBI)
☐ Cervical spine strain/sprain (whiplash)
☐ Thoracic spine strain/sprain
☐ Lumbar spine strain/sprain
☐ Herniated/bulging disc(s) at [________________________________]
☐ Fracture(s): [________________________________]
☐ Dislocation: [________________________________]
☐ Ligament tear(s): [________________________________]
☐ Meniscus/cartilage tear
☐ Rotator cuff tear
☐ Contusions/abrasions
☐ Lacerations requiring sutures
☐ Internal organ injury
☐ Rib fracture(s)
☐ Post-traumatic stress disorder (PTSD)
☐ Other: [________________________________]

Diagnostic Studies Performed:

☐ X-ray: [________________________________]
☐ CT Scan: [________________________________]
☐ MRI: [________________________________]
☐ Ultrasound: [________________________________]
☐ EEG/EMG/NCV: [________________________________]

Emergency Treatment Provided:

☐ Immobilization (cervical collar, splint, brace)
☐ Wound closure (sutures, staples, adhesive)
☐ Medications administered
☐ Admitted to hospital for [____] days
☐ Discharged with prescriptions and follow-up instructions

B. Hospitalization (If Applicable)

C. Surgical Intervention (If Applicable)

D. Follow-Up Medical Treatment

Primary Care Physician:

• Name: [________________________________], M.D.
• Dates of Treatment: [__/__/____] through [__/__/____]
• Number of Visits: [____]
• Treatment Summary: [________________________________]

Orthopedic Specialist:

• Name: [________________________________], M.D.
• Dates of Treatment: [__/__/____] through [__/__/____]
• Number of Visits: [____]
• Treatment Summary: [________________________________]

Neurologist/Neurosurgeon:

• Name: [________________________________], M.D.
• Dates of Treatment: [__/__/____] through [__/__/____]
• Number of Visits: [____]
• Treatment Summary: [________________________________]

Pain Management:

• Name: [________________________________], M.D.
• Dates of Treatment: [__/__/____] through [__/__/____]
• Number of Visits: [____]
• Treatment Summary: [________________________________]
• Procedures: ☐ Epidural injections ☐ Facet joint injections ☐ Nerve blocks ☐ Trigger point injections ☐ Radiofrequency ablation ☐ Spinal cord stimulator

Chiropractic Care:

• Name: [________________________________], D.C.
• Dates of Treatment: [__/__/____] through [__/__/____]
• Number of Visits: [____]
• Treatment Summary: [________________________________]

Physical Therapy:

• Name/Facility: [________________________________]
• Dates of Treatment: [__/__/____] through [__/__/____]
• Number of Sessions: [____]
• Treatment Summary: [________________________________]

Psychological/Psychiatric Treatment:

• Name: [________________________________], [☐ Ph.D. ☐ Psy.D. ☐ M.D. ☐ LCSW ☐ LP]
• Dates of Treatment: [__/__/____] through [__/__/____]
• Number of Sessions: [____]
• Diagnoses: ☐ PTSD ☐ Anxiety disorder ☐ Depression ☐ Adjustment disorder ☐ Other: [________________________________]

E. Current Condition and Prognosis

Claimant's current condition as of [__/__/____]:

☐ Claimant has reached Maximum Medical Improvement (MMI)
☐ Claimant continues to require ongoing medical treatment
☐ Claimant has permanent impairment rated at [____]% whole person

Permanent Restrictions/Limitations:

[________________________________]
[________________________________]

Future Medical Treatment Anticipated:

☐ Continued physical therapy: estimated [____] sessions at $[____] per session
☐ Additional surgery: [________________________________], estimated cost $[________________________________]
☐ Long-term pain management: estimated $[____] per year for [____] years
☐ Long-term medication: estimated $[____] per month
☐ Assistive devices/DME: $[________________________________]
☐ Home modification: $[________________________________]
☐ Future diagnostic imaging: $[________________________________]
☐ Life care plan prepared by [________________________________], estimated lifetime cost: $[________________________________]

VI. DAMAGES CALCULATION

A. Economic Damages (Past)

Note: Minnesota has NO statutory cap on economic or non-economic damages in general personal injury cases.

B. Economic Damages (Future)

C. Non-Economic Damages

Minnesota imposes NO cap on non-economic damages in general personal injury cases.

D. Damages Summary

VII. INSURANCE COVERAGE ANALYSIS

A. Tortfeasor's Liability Coverage

Minnesota Minimum Requirements (Minn. Stat. § 65B.49, subd. 3; Minn. Stat. § 169.09):

• $30,000 per person / $60,000 per accident (bodily injury)
• $10,000 property damage

B. Claimant's UM/UIM Coverage

☐ UM/UIM claim is being made or reserved
☐ UM/UIM claim is not applicable at this time

C. PIP/No-Fault Benefits Coordination

D. Additional Coverage

VIII. PREJUDGMENT INTEREST (Minn. Stat. § 549.09)

Under Minn. Stat. § 549.09, prejudgment interest accrues from the commencement of the action. Minnesota law provides for prejudgment interest on personal injury claims.

Key Provisions:

• Interest begins to accrue from the date the action is commenced
• The interest rate is set by statute and adjusted periodically
• Interest applies to the compensatory damage award

Should this matter proceed to litigation, Claimant will seek prejudgment interest from the date of filing through judgment satisfaction.

Projected prejudgment interest:

IX. PUNITIVE DAMAGES (Minn. Stat. § 549.20)

☐ Not applicable — The facts do not support a claim for punitive damages.

☐ Applicable — The following conduct supports a claim for punitive damages.

Under Minn. Stat. § 549.20, punitive damages may be awarded upon clear and convincing evidence that the defendant's acts show a deliberate disregard for the rights or safety of others. Minnesota does NOT impose a specific statutory cap on punitive damages.

Required procedure (Minn. Stat. § 549.191): Plaintiff must seek leave of court to amend the complaint to add a claim for punitive damages, upon a showing of prima facie evidence to support the claim.

Factors the court considers in determining punitive damages amount:

☐ Seriousness of hazard to the public from defendant's misconduct
☐ Profitability of the misconduct to the defendant
☐ Duration of the misconduct and any concealment
☐ Degree of defendant's awareness of the hazard
☐ Attitude and conduct upon discovery of the misconduct
☐ Number and level of employees involved in the misconduct
☐ Financial condition of the defendant
☐ Total effect of other punishment likely imposed

Description of conduct supporting punitive damages:

[________________________________]
[________________________________]
[________________________________]

X. SETTLEMENT DEMAND

A. Demand Amount

Based upon the injuries sustained, the medical treatment required, the economic losses incurred, the non-economic damages suffered, and all applicable provisions of Minnesota law, Claimant hereby demands the sum of:

$[________________________________]

in full and final settlement of all third-party liability claims against your insured arising from the [__/__/____] incident.

B. Demand Components

C. Response Deadline

This demand shall remain open for thirty (30) calendar days from the date of receipt. If your office fails to respond with a reasonable settlement offer within this period, Claimant will proceed with filing a civil action in the appropriate Minnesota District Court without further notice.

D. Settlement Conditions

Any settlement is contingent upon:

☐ Full payment of the demanded amount
☐ Release of Claimant's third-party tort claims only (no-fault/PIP rights preserved)
☐ No admission of liability clause acceptable
☐ Resolution of all applicable liens (Medicare, Medicaid, ERISA, health insurance subrogation)
☐ Resolution of PIP/no-fault subrogation claims
☐ Other: [________________________________]

XI. RESERVATION OF RIGHTS

Claimant expressly reserves all rights, claims, and causes of action not specifically addressed in this demand, including but not limited to:

☐ Claims against additional tortfeasors or responsible parties
☐ UM/UIM claims against Claimant's own carrier
☐ First-party no-fault/PIP claims and disputes
☐ Dram Shop Act claims (Minn. Stat. § 340A.801)
☐ Punitive damage claims
☐ Claims for bad faith insurance practices
☐ Claims for additional damages discovered after the date of this demand
☐ Any and all rights to proceed with litigation, including jury trial

NOTICE REGARDING STATUTE OF LIMITATIONS: The statute of limitations for this personal injury claim is six (6) years from the date of injury under Minn. Stat. § 541.05, subd. 1(5). The statute expires on [__/__/____]. Claimant will file suit prior to expiration if settlement is not reached.

XII. ENCLOSED DOCUMENTS AND EXHIBITS INDEX

Medical Records and Bills

☐ Emergency room records and billing — [________________________________]
☐ Hospital admission/discharge records — [________________________________]
☐ Surgical records and operative reports — [________________________________]
☐ Primary care physician records — [________________________________]
☐ Orthopedic specialist records — [________________________________]
☐ Neurological records — [________________________________]
☐ Pain management records — [________________________________]
☐ Chiropractic records — [________________________________]
☐ Physical therapy records — [________________________________]
☐ Psychological/psychiatric records — [________________________________]
☐ Diagnostic imaging reports (X-ray, MRI, CT) — [________________________________]
☐ Prescription records/pharmacy printout — [________________________________]
☐ Medical bills summary — [________________________________]
☐ Life care plan — [________________________________]

Liability/Investigation Documents

☐ Police/crash report — Report #[________________________________]
☐ Photographs of accident scene
☐ Photographs of vehicle damage
☐ Photographs of injuries
☐ Witness statements
☐ Accident reconstruction report
☐ Video/dashcam footage (available upon request)
☐ Traffic citation(s)
☐ MnDOT road condition/weather data

Income/Employment Documentation

☐ Employer verification of lost wages letter
☐ Tax returns ([____], [____], [____])
☐ Pay stubs (pre-accident and post-accident)
☐ Vocational assessment/rehabilitation report
☐ Disability determination
☐ Workers' compensation records (if applicable)

Insurance Documentation

☐ Declarations page — Tortfeasor's policy
☐ Declarations page — Claimant's UM/UIM/PIP policy
☐ PIP benefits ledger/payment history
☐ Health insurance Explanation of Benefits (EOBs)
☐ Medicare/Medicaid conditional payment letter
☐ ERISA lien documentation

Other

☐ Letter of representation
☐ HIPAA authorization
☐ Signed medical releases
☐ Property damage estimate/repair invoice
☐ Rental car receipts
☐ Other: [________________________________]

XIII. SIGNATURE AND CERTIFICATION

I certify that the information provided in this demand letter is true and accurate to the best of my knowledge and belief, based upon the medical records, documentation, and information obtained during our investigation of this matter.

Respectfully submitted,

______________________________________

[________________________________], Esq.
Attorney for Claimant
Minnesota Attorney Registration No. [________________________________]
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________], Minnesota [____]
Tel: ([____]) [____]-[________]
Fax: ([____]) [____]-[________]
Email: [________________________________]

Date: [__/__/____]

XIV. SOURCES AND REFERENCES

Minnesota Statutes

• Minn. Stat. § 541.05 — Limitation of Actions (6-Year Personal Injury)
• Minn. Stat. § 549.09 — Prejudgment Interest
• Minn. Stat. § 549.191 — Punitive Damages; Procedure for Motion
• Minn. Stat. § 549.20 — Punitive Damages; Standards and Factors
• Minn. Stat. § 573.02 — Wrongful Death Actions
• Minn. Stat. § 604.01 — Comparative Fault
• Minn. Stat. § 604.02 — Joint and Several Liability
• Minn. Stat. § 65B.41-71 — Minnesota No-Fault Automobile Insurance Act
• Minn. Stat. § 65B.44 — PIP Benefits Requirements
• Minn. Stat. § 65B.49 — Minimum Coverage Requirements
• Minn. Stat. § 169.09 — Financial Responsibility
• Minn. Stat. § 169A.20 — DWI Offenses
• Minn. Stat. § 340A.801 — Dram Shop Civil Liability

Key Minnesota Cases

• Lubbers v. Anderson, 539 N.W.2d 398 (Minn. 1995) — Elements of negligence
• Staab v. Diocese of St. Cloud, 813 N.W.2d 68 (Minn. 2012) — Comparative fault allocation

Minnesota Resources

• Minnesota Revisor of Statutes: https://www.revisor.mn.gov/statutes/
• Minnesota Judicial Branch: https://www.mncourts.gov
• Minnesota Department of Commerce (Insurance): https://mn.gov/commerce/