Mississippi Personal Injury Demand Letter

PERSONAL INJURY DEMAND LETTER — MISSISSIPPI

FOR SETTLEMENT PURPOSES — EVIDENTIARY USE SUBJECT TO MISS. 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 ☐ product liability ☐ other: ________________________________] that occurred on [__/__/____] in [________________________________], Mississippi. 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 Mississippi tort law. Mississippi is a traditional tort state that applies pure comparative fault under Miss. Code Ann. § 11-7-15. If and to the extent this communication constitutes compromise negotiations concerning a disputed claim, Miss. R. Evid. 408 limits specified uses to prove or disprove the claim's validity or amount. The rule permits use for another purpose and does not itself make this ordinary demand confidential or privileged. 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. A signed letter of representation is enclosed.

II. STATUTORY FRAMEWORK — MISSISSIPPI LAW

Key Provisions Applicable to This Claim

1. Pure Comparative Fault (Miss. Code Ann. § 11-7-15) — Mississippi follows pure comparative fault, allowing a plaintiff to recover damages even if found to be 99% at fault, with damages reduced proportionally.

2. Several Liability Only (Miss. Code Ann. § 85-5-7) — Mississippi has abolished joint and several liability for most cases. Each defendant is liable only for the amount of damages allocated in direct proportion to their percentage of fault. The notable exception: joint and several liability applies to defendants who consciously and deliberately pursue a common plan or design to commit a tortious act.

3. Collateral Source Rule — Mississippi follows the collateral source rule. Payments from the plaintiff's own insurance or other sources do not reduce the defendant's liability.

4. Damage Caps — Mississippi imposes NO cap on economic (pecuniary) compensatory damages, but caps non-economic damages (pain, suffering, loss of enjoyment of life, consortium, etc.) at $1,000,000 per plaintiff in general (non-med-mal) personal injury cases under Miss. Code Ann. § 11-1-60(2)(b). (Med-mal actions carry a lower $500,000 non-economic cap under § 11-1-60(2)(a).)

III. FACTUAL BACKGROUND

A. The Incident

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

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

Contributing factors noted in report:

☐ Failure to yield right of way (Miss. Code Ann. § 63-3-805)
☐ Following too closely (Miss. Code Ann. § 63-3-619)
☐ Improper lane change
☐ Running red light/stop sign (Miss. Code Ann. § 63-3-313)
☐ Excessive speed (Miss. Code Ann. § 63-3-501)
☐ Distracted driving / Texting while driving (Miss. Code Ann. § 63-33-1)
☐ DUI (Miss. Code Ann. § 63-11-30)
☐ Reckless driving (Miss. Code Ann. § 63-3-1213)
☐ 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 (MDOT records)
☐ Property damage estimates/repair records
☐ Event data recorder (EDR/"black box") data

IV. LIABILITY ANALYSIS

A. Mississippi Negligence Standard

Under Mississippi law, to establish negligence, a plaintiff must prove: (1) the defendant owed a duty of care to the plaintiff; (2) the defendant breached that duty; (3) the breach of duty was both the actual and proximate cause of the plaintiff's injuries; and (4) the plaintiff suffered damages. Doe Cares v. Henry's Bakery, LLC, 335 So. 3d 1076 (Miss. 2022); Morin v. Moore, 309 F.3d 316, 327 (5th Cir. 2002) (applying Mississippi law).

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 Miss. Code Ann. § [________________________________]
☐ Operated the vehicle at an excessive speed in violation of Miss. Code Ann. § 63-3-501
☐ Followed too closely in violation of Miss. Code Ann. § 63-3-619
☐ Failed to obey a traffic control device in violation of Miss. Code Ann. § 63-3-313
☐ Operated the vehicle while intoxicated in violation of Miss. Code Ann. § 63-11-30
☐ Engaged in distracted driving/texting in violation of Miss. Code Ann. § 63-33-1
☐ Drove recklessly in violation of Miss. Code Ann. § 63-3-1213
☐ Failed to use due care and caution under the circumstances
☐ Negligent maintenance of premises (premises liability)
☐ Other: [________________________________]

C. Mississippi Pure Comparative Fault (Miss. Code Ann. § 11-7-15)

Mississippi applies pure comparative fault. Under this doctrine:

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

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

[________________________________]
[________________________________]
[________________________________]

D. Several Liability (Miss. Code Ann. § 85-5-7)

Under Miss. Code Ann. § 85-5-7, in any civil action based on fault:

• The liability for damages caused by two or more persons shall be several only, and not joint and several
• Each joint tortfeasor shall be liable only for the amount of damages allocated in direct proportion to that person's percentage of fault
• Exception: Joint and several liability applies to those who consciously and deliberately pursue a common plan or design to commit a tortious act, or who actively take part in it

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: Mississippi imposes NO cap on economic damages, but caps non-economic damages at $1,000,000 per plaintiff in general (non-med-mal) personal injury cases under Miss. Code Ann. § 11-1-60(2)(b).

B. Economic Damages (Future)

C. Non-Economic Damages

Mississippi caps non-economic compensatory damages at $1,000,000 per plaintiff in general (non-med-mal) personal injury cases under Miss. Code Ann. § 11-1-60(2)(b). Economic damages are not capped.

D. Damages Summary

VII. INSURANCE COVERAGE ANALYSIS

A. Tortfeasor's Liability Coverage

Mississippi Minimum Requirements (Miss. Code Ann. § 63-15-3):

• $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 Miss. Code Ann. § 83-11-101, UM coverage is mandatory in Mississippi and must be offered to all policyholders. UIM coverage must also be offered.

C. MedPay/Additional Coverage

VIII. PREJUDGMENT INTEREST (Miss. Code Ann. § 75-17-7)

Under Miss. Code Ann. § 75-17-7, the award of prejudgment interest in Mississippi is discretionary with the trial court.

Key Provisions:

• The court has discretion to establish the rate and the date interest begins to accrue
• The starting date cannot be earlier than the date of filing the complaint
• Prejudgment interest is not available on unliquidated claims prior to judgment
• The court may assess interest at any rate not exceeding the legal rate

Should this matter proceed to litigation, Claimant will request the court exercise its discretion to award prejudgment interest from the date of filing.

IX. PUNITIVE DAMAGES (Miss. Code Ann. § 11-1-65)

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

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

Under Miss. Code Ann. § 11-1-65, punitive damages may be awarded only upon clear and convincing evidence that the defendant acted with:

☐ Actual malice — Conscious and deliberate wrongdoing
☐ Gross negligence evidencing a willful, wanton, or reckless disregard for the safety of others
☐ Actual fraud

Mississippi Punitive Damages Cap (Miss. Code Ann. § 11-1-65(3)):

The cap is based on a sliding scale tied to the defendant's net worth:

The statutory cap is inapplicable when the injury resulted from conduct for which the defendant was convicted of a causative felony or while the defendant was under the influence of alcohol or non-prescribed drugs.

Description of conduct supporting punitive damages:

☐ DUI/DWI (Miss. Code Ann. § 63-11-30)
☐ Excessive speed creating extreme danger
☐ Conscious disregard of known safety risks
☐ Texting while driving at high speed
☐ Hit and run/leaving the scene
☐ 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 Mississippi law — particularly the advantages of pure comparative fault and uncapped economic damages (non-economic damages being subject to the $1,000,000 cap in Miss. Code Ann. § 11-1-60(2)(b)) — 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 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 Mississippi Circuit Court without further notice.

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
☐ Punitive damage claims (Miss. Code Ann. § 11-1-65)
☐ Wrongful death claims (Miss. Code Ann. § 11-7-13), if applicable
☐ Claims for bad faith insurance practices
☐ 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 three (3) years from the date of injury under Miss. Code Ann. § 15-1-49. 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)
☐ MDOT 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
Mississippi Bar Number [________________________________]
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________], Mississippi [____]
Tel: ([____]) [____]-[________]
Fax: ([____]) [____]-[________]
Email: [________________________________]

Date: [__/__/____]

XIV. SOURCES AND REFERENCES

Mississippi Statutes

• Miss. Code Ann. § 11-1-65 — Punitive Damages; Limitations and Cap
• Miss. Code Ann. § 11-7-13 — Wrongful Death Actions
• Miss. Code Ann. § 11-7-15 — Comparative Negligence (Pure)
• Miss. Code Ann. § 15-1-49 — Statute of Limitations (3-Year Personal Injury)
• Miss. Code Ann. § 63-15-3 — Motor Vehicle Financial Responsibility Minimums
• Miss. Code Ann. § 63-11-30 — DUI Offenses
• Miss. Code Ann. § 75-17-7 — Interest on Judgments (Prejudgment Interest)
• Miss. Code Ann. § 83-11-101 — Uninsured Motorist Coverage
• Miss. Code Ann. § 85-5-7 — Joint and Several Liability Limitations

Key Mississippi Cases

• Doe Cares v. Henry's Bakery, LLC, 335 So. 3d 1076 (Miss. 2022) — Elements of negligence
• Morin v. Moore, 309 F.3d 316 (5th Cir. 2002) — Mississippi negligence standard

Mississippi Resources

• Mississippi Legislature: https://www.legislature.ms.gov
• Mississippi Courts: https://courts.ms.gov
• Mississippi Insurance Department: https://www.mid.ms.gov