Oklahoma Personal Injury Demand Letter

PERSONAL INJURY DEMAND LETTER — OKLAHOMA

FOR SETTLEMENT PURPOSES ONLY — PROTECTED UNDER 12 O.S. § 2408

ATTORNEY INFORMATION

Law Firm: [________________________________]

Attorney Name: [________________________________], Esq.

Oklahoma Bar No.: [________________________________]

Address: [________________________________]

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

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/Town], [County] County, Oklahoma.

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 Oklahoma law.

This correspondence is intended for settlement purposes only and is protected under 12 O.S. § 2408. 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 [________________________________] in [City/Town], [County] County, Oklahoma.

At that time, your insured, [Insured Full Name], was operating a [Year, Make, Model, Color] motor vehicle bearing Oklahoma 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 Office / Oklahoma Highway Patrol. The investigating officer was [Officer Name], Badge No. [____]. The accident report was assigned Report No. [________________________________].

Police Report Findings:

• ☐ Your insured was issued a traffic citation for: [________________________________]
• ☐ Your insured was found to have violated 47 O.S. § [________________________________]
• ☐ 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 EMSA/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 Oklahoma Law

Under Oklahoma law, a plaintiff in a negligence action must establish: (1) a duty owed by the defendant to protect the plaintiff from injury; (2) a failure to properly discharge that duty; and (3) injury to the plaintiff resulting proximately from the defendant's breach. See Delbrel v. Doenges Bros. Ford, Inc., 1996 OK 36, 913 P.2d 1318.

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 — 47 O.S. § 11-801
• ☐ Following too closely — 47 O.S. § 11-310
• ☐ Failing to yield the right of way — 47 O.S. § 11-403
• ☐ Disobeying a traffic control device — 47 O.S. § 11-201
• ☐ Speeding — 47 O.S. § 11-801
• ☐ Reckless driving — 47 O.S. § 11-901
• ☐ Driving under the influence — 47 O.S. § 11-902
• ☐ Improper lane change — 47 O.S. § 11-309
• ☐ Failure to signal — 47 O.S. § 11-604
• ☐ Texting while driving — 47 O.S. § 11-901d
• ☐ Other: [________________________________]

B. Comparative Negligence — 23 Okl. St. § 13

Oklahoma applies a modified comparative fault standard under 23 Okl. St. § 13. In all actions for negligence resulting in personal injuries or wrongful death, contributory negligence shall not bar recovery so long as the plaintiff's negligence was not more than 50% of the total negligence contributing to the injury. If the plaintiff is found to be more than 50% at fault, recovery is completely barred.

Where the plaintiff bears some fault, damages are diminished by the percentage of negligence attributed to the plaintiff.

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. Several Liability — 23 Okl. St. § 15

Oklahoma has abolished joint and several liability. Under 23 Okl. St. § 15, in any civil action based on fault and not arising out of contract, the liability for damages caused by two or more persons shall be several only, and a joint tortfeasor shall be liable only for the amount of damages allocated to that tortfeasor.

[If multiple tortfeasors are involved, describe the allocation of fault among defendants here.]

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: Oklahoma does NOT currently impose any statutory cap on non-economic damages in personal injury cases. The former $350,000 cap under 23 Okl. St. § 61.2 was declared unconstitutional by the Oklahoma Supreme Court in Beason v. I.E. Miller Services, Inc., 2017 OK 20, 441 P.3d 1107. Additionally, Article 23, Section 7 of the Oklahoma Constitution prohibits the legislature from limiting the amount of damages to be recovered for injuries resulting in death.

C. Total Damages Summary

VI. INSURANCE COVERAGE ANALYSIS

A. Tortfeasor's Liability Coverage

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

MedPay / Medical Payments Coverage

UM/UIM — Uninsured/Underinsured Motorist Coverage

☐ 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. Oklahoma Minimum Insurance Requirements

Oklahoma requires the following minimum automobile liability insurance (47 Okl. St. § 7-324):

Oklahoma is a tort (fault-based) state — it does NOT have a no-fault auto insurance system.

VII. PREJUDGMENT INTEREST — 12 Okl. St. § 727.1

Under 12 Okl. St. § 727.1, a plaintiff is entitled to prejudgment interest on damages for personal injury, from the date the loss was sustained.

The applicable rate is the same as for post-judgment interest under 12 Okl. St. § 727: the federal T-Bill rate plus 4%, but not less than 6% per annum.

In this case:

• Date of Loss: [__/__/____]
• Prejudgment interest begins accruing from: [__/__/____]
• Current applicable rate: [____]% per annum
• Daily accrual on total damages: $[________] per day

Oklahoma's automatic prejudgment interest from the date of loss creates substantial additional liability exposure. Prompt resolution of this claim is strongly recommended.

VIII. PUNITIVE DAMAGES — 23 Okl. St. § 9.1

☐ This section is applicable to this claim.

Under 23 Okl. St. § 9.1, punitive damages may be awarded when the defendant has been guilty of conduct amounting to reckless disregard for the rights of others, or intentional and malicious conduct.

Punitive Damages Caps:

Standard of Proof: Clear and convincing evidence.

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 — 36 Okl. St. § 3636

Under Oklahoma's modified collateral source rule (36 Okl. St. § 3636), a defendant may introduce evidence of collateral source benefits paid to the plaintiff. However, the plaintiff may counter with evidence of the cost of procuring those benefits (e.g., insurance premiums paid by the plaintiff).

The court will then determine the net offset, if any, after accounting for both the collateral payments received and the premiums paid.

X. SETTLEMENT DEMAND

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

$[________________________________]

This demand is supported by total economic damages of $[________] and non-economic damages of $[________] (no cap applies under current Oklahoma law), and accounts for the Claimant's 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 Petition in the District Court of [County] County, State of Oklahoma.

XI. STATUTE OF LIMITATIONS NOTICE

The statute of limitations for this claim is TWO (2) YEARS from the date of loss under 12 Okl. St. § 95(A)(3).

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

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

• ☐ Negligence
• ☐ Negligence per se (statutory violation)
• ☐ Reckless conduct
• ☐ Gross negligence
• ☐ Punitive damages (23 Okl. St. § 9.1)
• ☐ Negligent entrustment
• ☐ Respondeat superior / Vicarious liability
• ☐ Dram shop liability (37 Okl. St. § 537)
• ☐ Products liability (76 Okl. St. § 51 et seq.)
• ☐ Premises liability
• ☐ Loss of consortium (spouse)
• ☐ Wrongful death (12 Okl. St. § 1053) / Survival action (12 Okl. St. § 1051)
• ☐ 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 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
Oklahoma Bar No. [________________________________]

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

XV. SOURCES AND REFERENCES

Oklahoma Statutes

• 23 Okl. St. § 13 — Modified Comparative Fault (51% Bar Rule)
• 12 Okl. St. § 95(A)(3) — Statute of Limitations for Personal Injury (2 years)
• 23 Okl. St. § 15 — Several Liability (Joint Liability Abolished)
• 23 Okl. St. § 9.1 — Punitive Damages Standards and Caps
• 12 Okl. St. § 727.1 — Prejudgment Interest (from date of loss)
• 12 Okl. St. § 727 — Post-Judgment Interest (T-Bill + 4%, min. 6%)
• 12 Okl. St. § 1053 — Wrongful Death
• 12 Okl. St. § 1051 — Survival Action
• 36 Okl. St. § 3636 — Collateral Source Rule (Modified)
• 47 Okl. St. § 7-324 — Minimum Auto Insurance Requirements (25/50/25)
• Oklahoma Constitution Art. 23, § 7 — Prohibition on Limiting Death Damages

Key Cases

• Delbrel v. Doenges Bros. Ford, Inc., 1996 OK 36, 913 P.2d 1318 — Elements of negligence
• Beason v. I.E. Miller Services, Inc., 2017 OK 20, 441 P.3d 1107 — Non-economic cap unconstitutional
• Rodebush v. Oklahoma Nursing Homes, Ltd., 1993 OK 160, 867 P.2d 1241 — Punitive damages standard
• Boler v. Security Health Plan of Kansas City, 2002 OK 81, 52 P.3d 1017 — Collateral source rule

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