New York Personal Injury Demand Letter

PERSONAL INJURY DEMAND LETTER — NEW YORK

FOR SETTLEMENT PURPOSES ONLY — PROTECTED UNDER CPLR § 4547

ATTORNEY INFORMATION

Law Firm: [________________________________]

Attorney Name: [________________________________], Esq.

New York Bar Registration No.: [________________________________]

Address: [________________________________]

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

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/Village/Town], [County] County, New York.

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 York law.

This correspondence is intended for settlement purposes only and is protected under CPLR § 4547. 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, riding a bicycle] at or near [________________________________] in [City/Village/Town], [County] County, New York.

At that time, your insured, [Insured Full Name], was operating a [Year, Make, Model, Color] motor vehicle bearing New York 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 / [County] County Sheriff's Department / New York State Police. The investigating officer was [Officer Name], Badge/Shield No. [____]. The accident report was assigned Report No. [________________________________] / MV-104 was filed.

Police Report Findings:

• ☐ Your insured was issued traffic summons(es) for: [________________________________]
• ☐ Your insured was found to have violated VTL § [________________________________]
• ☐ 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 EMS/ambulance to [Hospital Name]
• ☐ Claimant was airlifted to [Trauma Center 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

III. LIABILITY ANALYSIS

A. Negligence Under New York Law

Under New York law, a plaintiff in a negligence action must establish: (1) the defendant owed a duty of care to the plaintiff; (2) the defendant breached that duty; (3) the breach was a proximate cause of the plaintiff's injuries; and (4) the plaintiff suffered actual damages. See Pasternack v. Lab. Corp. of Am. Holdings, 27 N.Y.3d 817 (2016).

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 exercise due care — VTL § 1146
• ☐ Following too closely — VTL § 1129(a)
• ☐ Failing to yield the right of way — VTL § 1140 et seq.
• ☐ Disobeying a traffic control device — VTL § 1111
• ☐ Speeding — VTL § 1180
• ☐ Reckless driving — VTL § 1212
• ☐ Driving while intoxicated — VTL § 1192
• ☐ Improper lane change — VTL § 1128
• ☐ Failure to signal — VTL § 1163
• ☐ Using a portable electronic device while driving — VTL § 1225-d
• ☐ Rear-end collision (presumption of negligence — see Tutrani v. County of Suffolk, 10 N.Y.3d 906 (2008))
• ☐ Other: [________________________________]

B. Pure Comparative Fault — CPLR § 1411

New York follows the doctrine of pure comparative fault under CPLR § 1411. The culpable conduct attributable to the claimant, including contributory negligence or assumption of risk, shall NOT bar recovery, but the amount of damages otherwise recoverable shall be diminished in the proportion which the culpable conduct attributable to the claimant bears to the culpable conduct which caused the damages.

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 Serious Injury Threshold — Insurance Law § 5102(d)

This section applies to motor vehicle accident claims.

New York is a no-fault auto insurance state. Under N.Y. Insurance Law § 5104(a), a plaintiff may recover non-economic damages (pain and suffering) from a tortfeasor only if the plaintiff has sustained a "serious injury" as defined in Insurance Law § 5102(d).

The Claimant's injuries meet the serious injury threshold under the following categories:

☐ (1) Death
☐ (2) Dismemberment
☐ (3) Significant disfigurement
☐ (4) A fracture
☐ (5) Loss of a fetus
☐ (6) Permanent loss of use of a body organ, member, function, or system
☐ (7) Permanent consequential limitation of use of a body organ or member
☐ (8) Significant limitation of use of a body function or system
☐ (9) 90/180-day injury — A medically determined injury or impairment of a non-permanent nature which prevented the Claimant from performing substantially all of the material acts which constitute [his/her] usual and customary daily activities for not less than 90 days during the 180 days immediately following the accident.

Medical Evidence Supporting Serious Injury:

Dr. [________________________________] has provided objective clinical findings supporting the Claimant's serious injury under category [____] above, including:

• ☐ Range of motion deficits documented by: [________________________________]
• ☐ MRI findings: [________________________________]
• ☐ EMG/NCV findings: [________________________________]
• ☐ Fracture confirmed by imaging: [________________________________]
• ☐ Surgical intervention required: [________________________________]
• ☐ Permanency opinion within reasonable degree of medical certainty: [________________________________]
• ☐ Gap in treatment explained by: [________________________________]

Note: Under the line of cases following Pommells v. Perez, 4 N.Y.3d 566 (2005), any gap in treatment must be adequately explained, and a plaintiff must demonstrate that the injuries are causally related to the accident and not a pre-existing degenerative condition.

D. Joint and Several Liability — CPLR §§ 1601-1602

Under CPLR § 1601, a defendant found to be 50% or less at fault is liable for non-economic damages only to the extent of that defendant's equitable share. However, CPLR § 1602 provides critical exceptions. In motor vehicle accident cases, owners and operators of automobiles are EXCLUDED from CPLR § 1601 protection and remain jointly and severally liable for all damages regardless of their percentage of fault.

This means your insured remains jointly and severally liable for the full amount of all damages in this motor vehicle accident case.

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 certainty, 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

Note: Under New York no-fault law, the first $50,000 in basic economic loss (medical expenses, lost earnings up to $2,000/month, and other reasonable expenses) is covered by PIP and is NOT recoverable from the tortfeasor. The amounts listed above represent expenses in excess of no-fault PIP benefits.

2. Future Medical Expenses

3. Lost Wages — Past

Note: Lost earnings in excess of $2,000/month (or the portion not covered by PIP) are recoverable from the tortfeasor.

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 York does NOT impose any statutory cap on non-economic damages in personal injury cases. Recovery requires meeting the serious injury threshold under Insurance Law § 5102(d) in motor vehicle cases.

C. Total Damages Summary

VI. INSURANCE COVERAGE ANALYSIS

A. Tortfeasor's Liability Coverage

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

No-Fault / PIP Benefits — Insurance Law § 5103

☐ Claimant has exhausted PIP/no-fault benefits.
☐ PIP benefits are currently being paid.
☐ No-fault claim has been denied or partially denied — reason: [________________________________]

SUM / UM/UIM — Supplementary Uninsured/Underinsured Motorist Coverage

☐ SUM/UIM claim is being asserted. Tortfeasor's limits of $[________] are insufficient.
☐ UM claim is being asserted. Tortfeasor was uninsured.

C. Additional Coverage Sources

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

D. New York Minimum Insurance Requirements

New York mandates the following minimum automobile insurance (VTL § 311; Insurance Law § 3420):

New York is a no-fault auto insurance state — the serious injury threshold under Insurance Law § 5102(d) must be met to recover non-economic damages from a tortfeasor.

VII. PREJUDGMENT INTEREST — CPLR §§ 5001-5004

Under CPLR § 5001, interest shall be recovered on the total sum awarded. Under CPLR § 5002, interest is computed from the earliest ascertainable date the cause of action existed — which in personal injury cases is generally the date of the accident.

Interest Rate: CPLR § 5004 establishes a rate of nine percent (9%) per annum.

In this case:

• Date of Loss / Date Interest Begins: [__/__/____]
• Current accrued prejudgment interest: $[________]
• Daily accrual: $[________] per day

New York's 9% statutory interest rate is among the highest in the nation and creates substantial additional liability exposure. Prompt resolution of this claim is strongly recommended.

VIII. PUNITIVE DAMAGES

☐ This section is applicable to this claim.

New York does not have a statutory framework governing punitive damages in standard personal injury cases. Punitive damages are governed by common law and may be awarded upon a showing of gross, wanton, or willful fraud or other morally culpable conduct. See Ross v. Louise Wise Services, Inc., 8 N.Y.3d 478 (2007).

There is no statutory cap on punitive damages in New York, though constitutional due process constraints apply under BMW of North America, Inc. v. Gore, 517 U.S. 559 (1996).

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

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

IX. COLLATERAL SOURCE — CPLR § 4545

Under CPLR § 4545, in personal injury actions, the court shall reduce the amount of future damages by the amount of collateral source payments, UNLESS:

• The plaintiff has paid premiums for such coverage (e.g., health insurance premiums);
• There is a statutory right of subrogation or reimbursement; or
• The collateral source benefit is a life insurance payment.

Past medical expenses paid by PIP/no-fault benefits are addressed through the no-fault offset and are not separately recoverable from the tortfeasor.

X. SETTLEMENT DEMAND

Based upon the foregoing analysis of liability, injuries, damages, and applicable New York 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 serious injuries, permanent conditions, 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 Summons and Complaint in the Supreme Court of the State of New York, [County] County.

XI. STATUTE OF LIMITATIONS NOTICE

The statute of limitations for this claim is THREE (3) YEARS from the date of loss under CPLR § 214(5).

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

Note: If a claim is being made against a municipality or other governmental entity, General Municipal Law § 50-e requires a Notice of Claim within 90 days of the incident.

We will not permit the statute of limitations to expire pending resolution of this claim. A Summons and 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 York law, including but not limited to:

• ☐ Negligence
• ☐ Negligence per se (statutory violation)
• ☐ Reckless conduct
• ☐ Gross negligence
• ☐ Punitive damages
• ☐ Negligent entrustment
• ☐ Respondeat superior / Vicarious liability
• ☐ VTL § 388 — Vicarious liability of vehicle owner
• ☐ Dram shop liability (General Obligations Law § 11-101)
• ☐ Products liability
• ☐ Premises liability
• ☐ Loss of consortium (spouse)
• ☐ Wrongful death (EPTL § 5-4.1) / Survival action
• ☐ Bad faith failure to settle
• ☐ 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 serious 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 York Bar Registration No. [________________________________]

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

XV. SOURCES AND REFERENCES

New York Statutes, Rules, and Codes

• CPLR § 1411 — Pure Comparative Fault
• CPLR § 214(5) — Statute of Limitations for Personal Injury (3 years)
• CPLR §§ 1601-1602 — Joint and Several Liability (Limited; Auto Exception)
• CPLR §§ 5001-5004 — Prejudgment Interest (9% per annum)
• CPLR § 4545 — Collateral Source Rule
• N.Y. Insurance Law § 5102(d) — Serious Injury Threshold (9 Categories)
• N.Y. Insurance Law § 5103 — No-Fault / PIP Benefits ($50,000 Basic Economic Loss)
• N.Y. Insurance Law § 5104(a) — Right to Maintain Action in Tort
• EPTL § 5-4.1 — Wrongful Death
• VTL § 311 — Minimum Auto Insurance Requirements (25/50/10)
• VTL § 388 — Vicarious Liability of Vehicle Owner
• General Municipal Law § 50-e — Notice of Claim (90 days — Municipal Claims)

Key Cases

• Pasternack v. Lab. Corp. of Am. Holdings, 27 N.Y.3d 817 (2016) — Elements of negligence
• Tutrani v. County of Suffolk, 10 N.Y.3d 906 (2008) — Rear-end collision presumption
• Pommells v. Perez, 4 N.Y.3d 566 (2005) — Serious injury / gap in treatment
• Toure v. Avis Rent A Car Systems, Inc., 98 N.Y.2d 345 (2002) — Serious injury categories
• Ross v. Louise Wise Services, Inc., 8 N.Y.3d 478 (2007) — Punitive damages standard

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 York law requires that demand letters in personal injury cases be prepared or reviewed by a licensed attorney.