Missouri Personal Injury Demand Letter

PERSONAL INJURY DEMAND LETTER — MISSOURI

FOR SETTLEMENT PURPOSES — EVIDENTIARY USE SUBJECT TO MISSOURI COMMON LAW

SETTLEMENT COMMUNICATION — NOT AUTOMATICALLY CONFIDENTIAL OR PRIVILEGED

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 ☐ product liability ☐ other: ________________________________] that occurred on [__/__/____] in [________________________________], Missouri. 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 Missouri tort law. Missouri is a traditional tort state (not a no-fault state). Missouri courts generally exclude bona fide settlement offers when offered as admissions, but Missouri has no generic "Mo. R. Evid. 408" governing an ordinary demand. Missouri Supreme Court Rule 17.06 separately protects communications in an ADR process undertaken under Rule 17. Where federal evidence law applies, Federal Rule of Evidence 408 may limit specified uses of negotiations concerning a disputed claim. These authorities do not themselves make this ordinary demand confidential or privileged. Nothing herein waives 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. STATUTORY FRAMEWORK — MISSOURI ADVANTAGES FOR PLAINTIFFS

Missouri law provides several significant advantages for personal injury plaintiffs:

1. Pure Comparative Fault (Gustafson v. Benda) — Missouri is one of a minority of states that follows pure comparative fault, meaning a plaintiff may recover even if found to be 99% at fault, with damages reduced proportionally. This plaintiff-favorable rule was adopted by the Missouri Supreme Court in Gustafson v. Benda, 661 S.W.2d 11 (Mo. 1983). (Mo. Rev. Stat. § 537.765 separately codifies pure comparative fault, but only for products-liability claims.)

2. No Cap on Non-Economic Damages — Unlike many states, Missouri imposes no statutory cap on non-economic damages (pain and suffering) in general personal injury cases. Caps apply only to medical malpractice claims under Mo. Rev. Stat. § 538.210.

3. Five-Year Statute of Limitations (Mo. Rev. Stat. § 516.120) — Missouri provides one of the longest personal injury statutes of limitations in the nation at five years from the date of injury.

4. Collateral Source Rule — Missouri follows the collateral source rule, preventing defendants from offsetting damages with payments from the plaintiff's own insurance or other collateral sources.

III. FACTUAL BACKGROUND

A. The Incident

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

At that time, Tortfeasor was operating a [____] [________________________________] [________________________________] (year/make/model), bearing Missouri 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 Missouri Revised Statutes § [________________________________].

Contributing factors noted in report:

☐ Failure to yield right of way (Mo. Rev. Stat. § 304.351)
☐ Following too closely (Mo. Rev. Stat. § 304.017)
☐ Improper lane change
☐ Running red light/stop sign (Mo. Rev. Stat. § 304.281)
☐ Excessive speed (Mo. Rev. Stat. § 304.010)
☐ Distracted driving/texting while driving (Mo. Rev. Stat. § 304.822, Siddens Bening Hands Free Law)
☐ DWI/DUI (Mo. Rev. Stat. § 577.010)
☐ Careless and imprudent driving (Mo. Rev. Stat. § 304.012)
☐ Failure to signal
☐ 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 (MoDOT records)
☐ Property damage estimates/repair records
☐ Event data recorder (EDR/"black box") data

IV. LIABILITY ANALYSIS

A. Missouri Negligence Standard

Under Missouri law, to establish negligence, a plaintiff must prove: (1) the defendant had a duty to use the degree of care that an ordinarily careful person would use under the same or similar circumstances; (2) the defendant failed to use such care; (3) the defendant's failure directly caused the plaintiff's injury; and (4) the plaintiff was damaged as a result. Hoover's Dairy, Inc. v. Mid-America Dairymen, Inc., 700 S.W.2d 426, 432 (Mo. 1985).

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 Mo. Rev. Stat. § [________________________________]
☐ Operated the vehicle at an excessive speed in violation of Mo. Rev. Stat. § 304.010
☐ Followed too closely in violation of Mo. Rev. Stat. § 304.017
☐ Failed to obey a traffic control device in violation of Mo. Rev. Stat. § 304.281
☐ Operated the vehicle while intoxicated in violation of Mo. Rev. Stat. § 577.010
☐ Engaged in distracted driving/texting in violation of Mo. Rev. Stat. § 304.822 (Siddens Bening Hands Free Law)
☐ Drove carelessly and imprudently in violation of Mo. Rev. Stat. § 304.012
☐ Failed to use due care and caution under the circumstances
☐ Negligent maintenance of premises (premises liability)
☐ Other: [________________________________]

C. Missouri Pure Comparative Fault (Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983))

Missouri applies pure comparative fault. Under this doctrine:

• A plaintiff may recover damages even if the plaintiff is 99% at fault — damages are simply reduced by the plaintiff's percentage of fault.
• Only a plaintiff who is 100% at fault is barred from recovery.
• The jury determines the percentage of fault of each party.

This rule is among the most plaintiff-friendly in the nation and stands in contrast to the modified comparative fault systems used by most states.

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

[________________________________]
[________________________________]
[________________________________]

D. Joint and Several Liability (Mo. Rev. Stat. § 537.067)

Missouri's joint and several liability rules were modified by tort reform:

• Defendants 51% or more at fault: Subject to joint and several liability for the entire judgment
• Defendants less than 51% at fault: Subject to several liability only — liable only for their proportionate share of the judgment

Implications for this claim:

[________________________________]

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 ☐ LPC]
• 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: Missouri imposes NO cap on economic or non-economic damages in general personal injury cases. Caps apply only to medical malpractice claims (Mo. Rev. Stat. § 538.210).

B. Economic Damages (Future)

C. Non-Economic Damages

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

D. Damages Summary

VII. INSURANCE COVERAGE ANALYSIS

A. Tortfeasor's Liability Coverage

Missouri Minimum Requirements (Mo. Rev. Stat. § 303.190):

• $25,000 per person / $50,000 per accident (bodily injury)
• $25,000 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

Note: Under Mo. Rev. Stat. § 379.1702, UM coverage must be offered to all Missouri automobile insurance policyholders. UIM coverage is also required unless rejected in writing.

C. MedPay/Additional Coverage

VIII. PREJUDGMENT INTEREST (Mo. Rev. Stat. § 408.040)

Under Mo. Rev. Stat. § 408.040, prejudgment interest is available in Missouri tort actions under specific conditions:

Key Provisions:

• Rate: Per annum interest rate equal to the Federal Funds Rate plus 3%
• Accrual Trigger: If Claimant serves a qualifying demand and the judgment exceeds it, prejudgment interest accrues from 90 days after the demand was received
• Applicability: The demand must be sent by certified mail, remain open for 90 days, include the claimant affidavit and damage computation with supporting medical or other records, identify providers and employers, include compliant authorizations, and be followed by suit within 120 days after the demand was received

This letter triggers Section 408.040 only if every statutory content, service, timing, and judgment-comparison condition is satisfied. Do not make that representation unless all required materials are attached and the filing deadline is calendared.

Projected prejudgment interest:

IX. PUNITIVE DAMAGES (Mo. Rev. Stat. § 510.261)

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

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

For actions filed on or after August 28, 2020, Mo. Rev. Stat. § 510.261 requires clear and convincing evidence that the defendant intentionally harmed the plaintiff without just cause or acted with deliberate and flagrant disregard for the safety of others. A punitive claim may be added only through the statute's supported motion-for-leave procedure.

Missouri Punitive Damages Cap (Mo. Rev. Stat. § 510.265):

• The greater of five times (5x) the net amount of the judgment awarded to the plaintiff against the defendant, or $500,000

Description of conduct supporting punitive damages:

☐ Driving under the influence (Mo. Rev. Stat. § 577.010)
☐ Excessive speed creating extreme danger
☐ Deliberate and flagrant disregard of known safety risks
☐ Texting/distracted driving at high speed
☐ Hit and run/leaving the scene (Mo. Rev. Stat. § 577.060)
☐ Racing on public roadway
☐ Other: [________________________________]

[________________________________]
[________________________________]

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 Missouri law — particularly the advantages of pure comparative fault, no damage caps, and a five-year statute of limitations — Claimant hereby demands the sum of:

$[________________________________]

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

B. Demand Components

C. Response Deadline

This demand shall remain open for ninety (90) 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 Missouri Circuit Court without further notice.

Note regarding prejudgment interest: Section 408.040 applies only if this demand and its service and attachments satisfy every statutory condition, suit is filed within 120 days after receipt, and the ultimate judgment exceeds the demand.

D. Settlement Conditions

Any settlement is contingent upon:

☐ Full payment of the demanded amount
☐ Release of Claimant's claims against Tortfeasor only
☐ No admission of liability clause acceptable
☐ Resolution of all applicable liens (Medicare, Medicaid, ERISA, health insurance subrogation)
☐ 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
☐ Dram Shop/social host liability claims (Mo. Rev. Stat. § 537.053)
☐ Punitive damage claims
☐ Claims for bad faith insurance practices (Mo. Rev. Stat. § 375.420)
☐ Claims for additional damages discovered after 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 five (5) years from the date of injury under Mo. Rev. Stat. § 516.120(4). 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)
☐ MoDOT 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

Insurance Documentation

☐ Declarations page — Tortfeasor's policy
☐ Declarations page — Claimant's UM/UIM policy
☐ 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
Missouri Bar Number [________________________________]
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________], Missouri [____]
Tel: ([____]) [____]-[________]
Fax: ([____]) [____]-[________]
Email: [________________________________]

Date: [__/__/____]

XIV. SOURCES AND REFERENCES

Missouri Statutes

• Mo. Rev. Stat. § 303.190 — Motor Vehicle Financial Responsibility; Minimum Coverage
• Mo. Rev. Stat. § 379.1702 — Uninsured Motorist Coverage Requirements
• Mo. Rev. Stat. § 408.040 — Prejudgment Interest on Money Judgments
• Mo. Rev. Stat. § 510.261 — Punitive Damages; Standards; Cap
• Mo. Rev. Stat. § 510.265 — Punitive Damages; Limitation
• Mo. Rev. Stat. § 516.120 — Statute of Limitations (Personal Injury — 5 Years)
• Mo. Rev. Stat. § 537.067 — Joint and Several Liability
• Mo. Rev. Stat. § 537.080 — Wrongful Death Actions
• Mo. Rev. Stat. § 537.090 — Wrongful Death Damages
• Mo. Rev. Stat. § 537.100 — Wrongful Death Statute of Limitations (3 Years)
• Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983) — Comparative Fault (Pure, negligence claims); Mo. Rev. Stat. § 537.765 — Comparative Fault (Pure, products-liability claims only)
• Mo. Rev. Stat. § 538.210 — Medical Malpractice Non-Economic Damages Cap
• Mo. Rev. Stat. § 577.010 — DWI Offenses

Key Missouri Cases

• Gustafson v. Benda, 661 S.W.2d 11 (Mo. 1983) — Adoption of pure comparative fault
• Hoover's Dairy, Inc. v. Mid-America Dairymen, Inc., 700 S.W.2d 426 (Mo. 1985) — Elements of negligence

Missouri Resources

• Missouri Revisor of Statutes: https://revisor.mo.gov
• Missouri Courts: https://www.courts.mo.gov
• Missouri Department of Insurance: https://insurance.mo.gov