PERSONAL INJURY DEMAND LETTER – NEW YORK
FOR SETTLEMENT PURPOSES ONLY
To: [Insurance Company] | Claim #: [NUMBER] | DOL: [DATE]
1. INTRODUCTION
Demand for injuries to [CLAIMANT] from your insured's negligence on [DATE] in [CITY/COUNTY], New York.
2. FACTS
[Describe incident]
3. LIABILITY
NY LAW: New York applies pure comparative fault (CPLR § 1411). Recovery reduced by fault percentage but never completely barred.
Serious Injury Threshold (Auto Cases)
[If applicable]: Claimant's injuries meet New York's "serious injury" threshold under Insurance Law § 5102(d), specifically: [death / dismemberment / significant disfigurement / fracture / permanent loss of use of body organ or system / permanent consequential limitation of use / significant limitation of use of body function or system / a medically determined injury preventing usual activities for 90 of 180 days].
4. DAMAGES
| Category | Amount |
|---|---|
| Past Medical | $[X] |
| Future Medical | $[X] |
| Lost Earnings | $[X] |
| Non-Economic (no cap) | $[X] |
| TOTAL | $[X] |
5. DEMAND: $[TOTAL] within 30 days
6. SOL: 3 years (CPLR § 214) – expires [DATE]
[Attorney]