New Jersey Personal Injury Demand Letter

PERSONAL INJURY DEMAND LETTER — NEW JERSEY

FOR SETTLEMENT PURPOSES ONLY — PROTECTED UNDER N.J.R.E. 408

ATTORNEY INFORMATION

Law Firm: [________________________________]

Attorney Name: [________________________________], Esq.

New Jersey Bar No.: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________], NJ [__________]

Telephone: [________________________________]

Facsimile: [________________________________]

Email: [________________________________]

LETTER DATE AND DELIVERY

Date: [__/__/____]

Via: ☐ Certified Mail, Return Receipt Requested ☐ Email ☐ Facsimile ☐ Hand Delivery

ADDRESSEE — INSURANCE COMPANY / CLAIMS DEPARTMENT

To:

Insurance Company: [________________________________]

Claims Department / Adjuster: [________________________________]

Adjuster Direct Telephone: [________________________________]

Adjuster Email: [________________________________]

Mailing Address: [________________________________]

City, State, ZIP: [________________________________]

CLAIM INFORMATION

I. INTRODUCTION AND PURPOSE

Dear [________________________________]:

This firm represents [Client Full Name] ("Claimant") in connection with personal injuries sustained on [__/__/____] as a result of the negligence of your insured, [Insured Full Name] ("Tortfeasor"), in [City/Township], [County] County, New Jersey.

This letter constitutes a formal demand for settlement of the above-referenced claim. The Claimant has completed active medical treatment, and we are now in a position to present a comprehensive demand supported by medical documentation, billing records, and applicable New Jersey law.

This correspondence is intended for settlement purposes only and is protected under N.J.R.E. 408. Nothing herein shall be construed as a limitation on the damages recoverable by the Claimant should litigation become necessary.

We have been authorized by our client to resolve this claim and to negotiate a fair and reasonable settlement on [his/her] behalf.

II. FACTUAL BACKGROUND

A. Incident Description

On [__/__/____], at approximately [____] [a.m./p.m.], Claimant was [describe activity — e.g., operating a motor vehicle, walking as a pedestrian, a passenger in a vehicle] at or near the intersection of [________________________________] and [________________________________] in [City/Township], [County] County, New Jersey.

At that time, your insured, [Insured Full Name], was operating a [Year, Make, Model, Color] motor vehicle bearing New Jersey license plate number [________________________________].

[Describe the specific negligent conduct and how the incident occurred. Include directional details, traffic conditions, and sequence of events.]

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

B. Police Report and Investigation

The incident was investigated by the [________________________________] Police Department. The investigating officer was [Officer Name], Badge No. [____]. The police report was assigned Report No. [________________________________].

Police Report Findings:

• ☐ Your insured was issued a traffic citation for: [________________________________]
• ☐ Your insured was found to have violated N.J.S.A. 39: [________________________________]
• ☐ Your insured was charged with: [________________________________]
• ☐ Witnesses were identified and statements taken
• ☐ Diagram/photographs were included in the report

C. Scene and Conditions

D. Emergency Response

• ☐ Claimant was transported by ambulance to [Hospital Name]
• ☐ Claimant was transported by private vehicle to [Hospital/Facility]
• ☐ Claimant was treated and released from the emergency department
• ☐ Claimant was admitted to the hospital for [____] days
• ☐ Claimant was airlifted to [Trauma Center Name]

III. LIABILITY ANALYSIS

A. Negligence Under New Jersey Law

Under New Jersey law, a plaintiff in a negligence action must establish four elements: (1) a duty of care owed by the defendant to the plaintiff; (2) a breach of that duty; (3) proximate causation between the breach and the injury; and (4) actual damages. See Polzo v. County of Essex, 196 N.J. 569 (2008).

Your insured owed a duty of care to all persons lawfully on the roadway, including the Claimant. Your insured breached this duty by:

• ☐ Failing to maintain a proper lookout — N.J.S.A. 39:4-97
• ☐ Following too closely — N.J.S.A. 39:4-89
• ☐ Failing to yield the right of way — N.J.S.A. 39:4-90
• ☐ Running a red light or stop sign — N.J.S.A. 39:4-81, 39:4-144
• ☐ Driving while distracted (cellphone use) — N.J.S.A. 39:4-97.3
• ☐ Speeding — N.J.S.A. 39:4-98
• ☐ Reckless driving — N.J.S.A. 39:4-96
• ☐ Driving under the influence — N.J.S.A. 39:4-50
• ☐ Improper lane change — N.J.S.A. 39:4-88
• ☐ Failure to signal — N.J.S.A. 39:4-126
• ☐ Other: [________________________________]

B. Comparative Negligence — N.J.S.A. 2A:15-5.1

New Jersey applies a modified comparative fault standard. Under the Comparative Negligence Act (N.J.S.A. 2A:15-5.1), contributory negligence does not bar recovery so long as the plaintiff's negligence is not greater than the combined negligence of the defendants. If the plaintiff is found to be 51% or more at fault, recovery is completely barred.

In this case, the Claimant bears zero (0%) fault for the incident. Your insured is 100% at fault. [If partial fault is acknowledged, address proportionate analysis here.]

C. No-Fault Threshold Analysis — N.J.S.A. 39:6A-8

This section applies to motor vehicle accident claims.

New Jersey is a choice no-fault state. The Claimant's right to pursue a bodily injury claim against the tortfeasor depends on the tort option selected on [his/her] own automobile insurance policy.

☐ No Limitation on Lawsuit (Zero Threshold): The Claimant elected the "No Limitation on Lawsuit" option on [his/her] auto insurance policy, Policy No. [________________________________], issued by [Insurance Company]. Under N.J.S.A. 39:6A-8, the Claimant may sue for pain and suffering without meeting any injury threshold.

☐ Limitation on Lawsuit (Verbal Threshold): The Claimant elected the "Limitation on Lawsuit" option. However, Claimant's injuries satisfy the verbal threshold requirements under N.J.S.A. 39:6A-8(a), as the Claimant has sustained one or more of the following qualifying injuries:

• ☐ Death
• ☐ Dismemberment
• ☐ Significant disfigurement
• ☐ A displaced fracture
• ☐ Loss of a fetus
• ☐ A permanent injury within a reasonable degree of medical probability (as supported by objective clinical evidence — not a mere subjective complaint)

Certification of Treating Physician: Dr. [________________________________] has provided a certification, as required under N.J.S.A. 39:6A-8, that the Claimant's injuries constitute a permanent injury within a reasonable degree of medical probability. This certification is based on objective clinical findings, including [describe — e.g., MRI results, range of motion deficits, nerve conduction study findings].

D. Joint and Several Liability — N.J.S.A. 2A:15-5.3

[If multiple tortfeasors are involved:]

Under N.J.S.A. 2A:15-5.3, a defendant found to be greater than 60% at fault is jointly and severally liable for all economic damages. A defendant found to be 60% or less at fault is liable only for that defendant's proportionate share of damages.

IV. INJURIES AND MEDICAL TREATMENT

A. Nature of Injuries

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

Primary Diagnoses:

• ☐ Cervical spine injury — [________________________________]
• ☐ Lumbar spine injury — [________________________________]
• ☐ Thoracic spine injury — [________________________________]
• ☐ Traumatic brain injury / Concussion — [________________________________]
• ☐ Fracture(s) — [________________________________]
• ☐ Herniated disc(s) — [________________________________]
• ☐ Disc bulge(s) / Protrusion(s) — [________________________________]
• ☐ Radiculopathy — [________________________________]
• ☐ Rotator cuff tear / Shoulder injury — [________________________________]
• ☐ Knee injury — [________________________________]
• ☐ Soft tissue injuries — [________________________________]
• ☐ Lacerations / Contusions / Abrasions — [________________________________]
• ☐ PTSD / Anxiety / Depression — [________________________________]
• ☐ Other: [________________________________]

ICD-10 Diagnostic Codes:

B. Chronological Treatment History

1. Emergency / Acute Care

2. Diagnostic Imaging

3. Specialist Consultations

4. Physical Therapy / Chiropractic / Rehabilitation

5. Injections / Procedures

6. Surgical Intervention

7. Mental Health Treatment

8. Prescription Medications

C. Current Medical Status and Prognosis

Dr. [________________________________] has opined, within a reasonable degree of medical probability, that the Claimant's injuries are [permanent / have reached maximum medical improvement / require ongoing treatment].

Current Symptoms:

• ☐ Chronic pain in [________________________________]
• ☐ Restricted range of motion in [________________________________]
• ☐ Numbness/tingling in [________________________________]
• ☐ Headaches — frequency: [________________________________]
• ☐ Sleep disturbance
• ☐ Cognitive difficulties
• ☐ Emotional distress / Anxiety / Depression
• ☐ Other: [________________________________]

Future Medical Needs:

• ☐ Ongoing physical therapy — estimated cost: $[________] per year
• ☐ Future surgical intervention — estimated cost: $[________]
• ☐ Pain management — estimated cost: $[________] per year
• ☐ Future diagnostic imaging — estimated cost: $[________]
• ☐ Prescription medications — estimated cost: $[________] per year
• ☐ Durable medical equipment — estimated cost: $[________]
• ☐ Home health care — estimated cost: $[________]
• ☐ Life care plan has been prepared by: [________________________________]

V. DAMAGES CALCULATION

A. Economic Damages

1. Past Medical Expenses

2. Future Medical Expenses

3. Lost Wages — Past

Supporting Documentation: ☐ Employer verification letter ☐ Tax returns ☐ Pay stubs ☐ W-2 forms

4. Lost Earning Capacity — Future

Vocational Expert: [________________________________]

5. Other Economic Damages

B. Non-Economic Damages

Note: New Jersey does NOT impose any statutory cap on non-economic damages in personal injury cases.

C. Total Damages Summary

VI. INSURANCE COVERAGE ANALYSIS

A. Tortfeasor's Liability Coverage

B. Claimant's Own Coverage (First-Party)

PIP / Personal Injury Protection — N.J.S.A. 39:6A-4

☐ Claimant has exhausted PIP benefits.
☐ PIP lien/subrogation claim asserted by insurer in the amount of $[________].
☐ PIP benefits are subject to deductible of $[________].

UM/UIM — Uninsured/Underinsured Motorist Coverage

☐ UIM claim is being asserted. Tortfeasor's limits of $[________] are insufficient to compensate Claimant's damages.
☐ UM claim is being asserted. Tortfeasor was uninsured.

C. Additional Coverage Sources

• ☐ Medical Payments (MedPay): $[________]
• ☐ Umbrella / Excess Policy: $[________]
• ☐ Health insurance subrogation lien: $[________] — Carrier: [________________________________]
• ☐ Workers' compensation lien: $[________]
• ☐ Medicare/Medicaid conditional payments: $[________]
• ☐ ERISA lien: $[________]

D. New Jersey Minimum Insurance Requirements

As of 2025, New Jersey requires the following minimum automobile insurance coverage:

VII. PREJUDGMENT INTEREST — R. 4:42-11(b)

Under New Jersey Court Rule 4:42-11(b), in all tort actions, the court shall include in the judgment simple interest calculated from the later of:

(a) The date of institution of the action; or
(b) A date six (6) months after the date the cause of action arises.

The applicable rate is based upon the average rate of return for the New Jersey Cash Management Fund for the preceding fiscal year, as published by the New Jersey Administrative Office of the Courts.

In this case:

• Date of Loss: [__/__/____]
• Six months post-DOL: [__/__/____]
• Prejudgment interest would begin to accrue from: [__/__/____]
• Current applicable rate: [____]%

The accrual of prejudgment interest constitutes a significant additional cost to your insurer if this matter proceeds to trial. We strongly recommend resolution of this claim prior to the commencement of litigation.

VIII. PUNITIVE DAMAGES — N.J.S.A. 2A:15-5.12

☐ This section is applicable to this claim.

Under N.J.S.A. 2A:15-5.12, punitive damages may be awarded when the plaintiff proves, by clear and convincing evidence, that the defendant's acts or omissions were actuated by actual malice or accompanied by a wanton and willful disregard for the rights of the plaintiff.

Punitive Damages Cap: The greater of five (5) times compensatory damages or $350,000 (N.J.S.A. 2A:15-5.14).

Basis for Punitive Damages Claim:
[________________________________]
[________________________________]

☐ This section is NOT applicable — Punitive damages are not being sought at this time but are reserved as a right should evidence of egregious conduct emerge during litigation.

IX. COLLATERAL SOURCE — N.J.S.A. 2A:15-97

New Jersey has a modified collateral source rule. Under N.J.S.A. 2A:15-97, a defendant may introduce evidence of collateral source payments (e.g., health insurance payments, PIP benefits) to reduce a damages award. However, certain categories are exempt from offset, including:

• Life insurance benefits
• Workers' compensation benefits (which carry their own lien rights)
• Benefits for which the plaintiff paid premiums

The PIP benefits paid of $[________] [are/are not] subject to offset under this provision.

X. SETTLEMENT DEMAND

Based upon the foregoing analysis of liability, injuries, damages, and applicable New Jersey law, the Claimant hereby demands the sum of:

$[________________________________]

This demand is supported by total economic damages of $[________] and non-economic damages of $[________], and accounts for the Claimant's permanent injuries, ongoing medical needs, and the impact on [his/her] quality of life.

Response Deadline: We respectfully request a substantive response to this demand within thirty (30) days of receipt, no later than [__/__/____].

This demand will remain open for the stated period. Failure to respond or to make a good-faith offer within the specified timeframe will result in the immediate filing of a Complaint in the Superior Court of New Jersey, [County] County, Law Division.

XI. STATUTE OF LIMITATIONS NOTICE

The statute of limitations for this claim is TWO (2) YEARS from the date of loss under N.J.S.A. 2A:14-2.

• Date of Loss: [__/__/____]
• SOL Expiration Date: [__/__/____]

We will not permit the statute of limitations to expire pending resolution of this claim. A Complaint will be filed in advance of the expiration date regardless of the status of settlement negotiations.

XII. RESERVATION OF RIGHTS

The Claimant reserves all rights, claims, and causes of action available under New Jersey law, including but not limited to:

• ☐ Negligence
• ☐ Negligence per se (statutory violation)
• ☐ Reckless conduct
• ☐ Gross negligence
• ☐ Punitive damages (N.J.S.A. 2A:15-5.12)
• ☐ Negligent entrustment
• ☐ Respondeat superior / Vicarious liability
• ☐ Dram shop liability (N.J.S.A. 2A:22A-1 et seq.)
• ☐ Products liability (N.J.S.A. 2A:58C-1 et seq.)
• ☐ Premises liability
• ☐ Loss of consortium (spouse)
• ☐ Wrongful death (N.J.S.A. 2A:31-1) / Survival action (N.J.S.A. 2A:15-3)
• ☐ Bad faith failure to settle (first-party claims)
• ☐ Other: [________________________________]

The presentation of this demand does not constitute a waiver of any claim or right, nor does it limit the damages that may be sought in litigation.

XIII. ENCLOSED DOCUMENTS AND EXHIBITS INDEX

The following documents are enclosed with this demand for your review:

Medical Records and Bills

Other Documentation

XIV. SIGNATURE BLOCK

We trust that your review of the enclosed documentation and this demand letter will confirm the full extent of the Claimant's injuries and the reasonableness of our demand. We look forward to a prompt and fair resolution of this claim.

Should you have any questions or require additional documentation, please do not hesitate to contact our office.

Very truly yours,

[________________________________]

[________________________________], Esq.
Attorney for Claimant
New Jersey Bar No. [________________________________]

[Law Firm Name]
[________________________________]
[________________________________], NJ [__________]
Tel: [________________________________]
Fax: [________________________________]
Email: [________________________________]

XV. SOURCES AND REFERENCES

New Jersey Statutes

• N.J.S.A. 2A:15-5.1 et seq. — Comparative Negligence Act (Modified — 51% Bar Rule)
• N.J.S.A. 2A:14-2 — Statute of Limitations for Personal Injury (2 years)
• N.J.S.A. 2A:31-1 et seq. — Wrongful Death Act
• N.J.S.A. 39:6A-1 et seq. — New Jersey Automobile Reparation Reform Act (No-Fault)
• N.J.S.A. 39:6A-8 — Right to Maintain Action for Tort (Verbal Threshold)
• N.J.S.A. 39:6A-3 — Compulsory Automobile Insurance Coverage; Limits
• N.J.S.A. 2A:15-5.3 — Joint and Several Liability (60% Threshold)
• N.J.S.A. 2A:15-5.12 — Punitive Damages Standard
• N.J.S.A. 2A:15-5.14 — Punitive Damages Cap (5x Compensatory or $350,000)
• N.J.S.A. 2A:15-97 — Collateral Source Rule
• N.J.S.A. 59:8-8 — Tort Claims Act — Notice Requirements for Public Entities

New Jersey Court Rules

• R. 4:42-11(b) — Prejudgment Interest in Tort Actions

Key Cases

• Polzo v. County of Essex, 196 N.J. 569 (2008) — Elements of negligence
• Brill v. Guardian Life Insurance Co., 142 N.J. 520 (1995) — Summary judgment standard
• Oswin v. Shaw, 129 N.J. 290 (1992) — Verbal threshold certification requirements
• Thorpe v. Cohen, 258 N.J. Super. 523 (App. Div. 1992) — Permanent injury under verbal threshold

This template is provided by ezel.ai for use by licensed attorneys. It does not constitute legal advice. All statutory citations should be verified before use. New Jersey law requires that demand letters in personal injury cases be prepared or reviewed by a licensed attorney.