Tennessee Personal Injury Demand Letter

PERSONAL INJURY DEMAND LETTER — TENNESSEE

FOR SETTLEMENT PURPOSES — EVIDENTIARY USE SUBJECT TO TENN. R. EVID. 408

HEADER INFORMATION

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

Date: [__/__/____]

FROM:
[________________________________]
Attorney at Law
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]
Tennessee BPR No.: [________________________________]

TO:
[________________________________]
Claims Adjuster / Claims Department
[________________________________] Insurance Company
[________________________________]
[________________________________]

RE: PERSONAL INJURY DEMAND

WARNING — 1-YEAR STATUTE OF LIMITATIONS

Tenn. Code Ann. § 28-3-104(a)(1) generally requires a listed injury-to-the-person action within one (1) year after accrual, subject to statutory and claim-specific rules. Counsel's supported accrual date is [__/__/____]; current working deadline: [__/__/____].

I. INTRODUCTION AND PURPOSE

This letter constitutes a formal demand for compensation on behalf of our client, [________________________________] ("Claimant"), for personal injuries and damages sustained as a direct and proximate result of the negligence of your insured, [________________________________] ("Tortfeasor"), on [__/__/____] in [________________________________], Tennessee.

This firm represents Claimant in all matters arising from this incident. Direct all communications to this office.

If and to the extent this demand constitutes compromise negotiations concerning a claim disputed or reasonably expected to be disputed as to validity or amount, Tenn. R. Evid. 408 limits specified uses to prove liability for, invalidity of, or the amount of a civil claim. The rule permits use for another purpose and does not itself make this ordinary demand confidential or privileged.

TENNESSEE COMPARATIVE FAULT: Under McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992), Tennessee applies modified comparative fault (a common-law rule; Tennessee has not codified its comparative-fault standard). A plaintiff is barred from recovery if found 50% or more at fault; if less than 50% at fault, damages are reduced by the plaintiff's percentage of fault.

II. FACTUAL BACKGROUND

A. Pre-Incident Conditions

On [__/__/____], at approximately [____] [a.m./p.m.], Claimant was [________________________________] at or near [________________________________], [________________________________], Tennessee.

Weather: [________________________________]
Road conditions: [________________________________]
Lighting: [________________________________]
Traffic: [________________________________]

B. The Incident

[________________________________]
[________________________________]
[________________________________]

C. Emergency Response

☐ Police called — Report No.: [________________________________]
☐ EMS responded — Report No.: [________________________________]
☐ Claimant transported by ambulance to [________________________________]
☐ Claimant sought emergency care at [________________________________]
☐ Photographs taken at scene
☐ Witness statements obtained

D. Witnesses

E. Police Report

Officer [________________________________], [________________________________] Department:

• [________________________________]
• [________________________________]

☐ Citations to tortfeasor: [________________________________]
☐ No citations to Claimant

III. LIABILITY ANALYSIS UNDER TENNESSEE LAW

A. Negligence Elements

1. Duty — Tortfeasor owed a duty of care to Claimant
2. Breach — Tortfeasor's conduct fell below the standard of care
3. Causation — Tortfeasor's breach proximately caused Claimant's injuries
4. Damages — Claimant suffered compensable injuries and losses

B. Tortfeasor's Acts of Negligence

☐ Failure to maintain proper lookout
☐ Failure to yield right of way
☐ Following too closely (Tenn. Code Ann. § 55-8-124)
☐ Distracted driving / texting (Tenn. Code Ann. § 55-8-199)
☐ Excessive speed (Tenn. Code Ann. § 55-8-152)
☐ Failure to obey traffic signals (Tenn. Code Ann. § 55-8-109)
☐ Improper lane change
☐ DUI (Tenn. Code Ann. § 55-10-401)
☐ Reckless driving (Tenn. Code Ann. § 55-10-205)
☐ Other: [________________________________]

C. Modified Comparative Fault (McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992))

Tennessee's modified comparative fault system provides:

• Plaintiff is completely barred from recovery if found 50% or more at fault
• If less than 50% at fault, plaintiff's recovery is reduced by the percentage of fault
• The trier of fact apportions fault among all parties, including non-parties (the "empty chair" defense; a nonparty alleged to be at fault may be joined under Tenn. Code Ann. § 20-1-119)
• Under McIntyre, a plaintiff recovers only so long as the plaintiff's fault remains less than the defendant's fault (or, with multiple tortfeasors, less than the combined fault of all defendants)

Claimant bears no fault for this incident. The tortfeasor is 100% responsible.

D. Several Liability — No Joint Liability (Tenn. Code Ann. § 29-11-107)

Tennessee has abolished joint and several liability in most cases:

• Each defendant is liable only for that defendant's percentage of fault
• No defendant can be held liable for another defendant's share
• Narrow exceptions: (1) Civil conspiracy with intent and knowledge; (2) Product liability based on strict liability or breach of warranty

Practical Note: The absence of joint and several liability means that if the tortfeasor is only partially at fault (and other parties share responsibility), the insurer is liable only for the tortfeasor's proportionate share.

E. Negligence Per Se

Tortfeasor violated:

• Tenn. Code Ann. § [________________________________]: [________________________________]
• Tenn. Code Ann. § [________________________________]: [________________________________]

IV. INJURIES AND MEDICAL TREATMENT

A. Summary of Injuries

Primary Diagnoses:

• [________________________________]
• [________________________________]
• [________________________________]

B. Injury Checklist

☐ Traumatic brain injury (TBI) / Concussion
☐ Cervical spine injury
☐ Thoracic spine injury
☐ Lumbar spine injury
☐ Shoulder injury (rotator cuff / labral)
☐ Knee injury (ACL / MCL / meniscus)
☐ Hip injury / fracture
☐ Rib fractures
☐ Extremity fractures
☐ Facial lacerations / scarring
☐ Soft tissue injuries
☐ Nerve damage / radiculopathy
☐ PTSD / anxiety / depression
☐ TMJ dysfunction
☐ Other: [________________________________]

C. Chronological Treatment History

D. Diagnostic Imaging

E. Surgical Procedures

F. Prognosis

Treating physician [________________________________]:

• [________________________________]
• MMI: ☐ Reached [__/__/____] ☐ Not yet reached
• Impairment rating: [____]%
• Future treatment: [________________________________]
• Future medical costs: $[________________________________]

V. DAMAGES CALCULATION

A. Economic Damages (No Cap)

B. Non-Economic Damages (Subject to Tennessee Cap)

TENNESSEE NON-ECONOMIC DAMAGES CAP (Tenn. Code Ann. § 29-39-102):
- General injuries: $750,000 per plaintiff
- Catastrophic injuries: $1,000,000 per plaintiff
- Catastrophic loss or injury is limited to § 29-39-102(d): spinal-cord injury resulting in paraplegia or quadriplegia; amputation of two hands, two feet, or one of each; qualifying third-degree burns; or wrongful death of a parent leaving a surviving minor child for whom the parent had lawful custody or visitation rights.
- The cap does not apply to a personal-injury or wrongful-death action only when a specific § 29-39-102(h) exception is proved: specific intent to inflict serious physical injury with actual injury; intentional falsification, destruction, or concealment of material records to evade liability (subject to the subsection's good-faith and ordinary-records exceptions); causative substantial impairment from alcohol, drugs, or another intoxicant or stimulant (subject to its lawful-use exception); or a causative felony conviction.

☐ This claim involves general injuries — $750,000 cap applies
☐ This claim involves catastrophic injuries — $1,000,000 cap applies
☐ A specific § 29-39-102(h) exception is supported: [SUBSECTION, FACTS, AND EVIDENCE]; request uncapped treatment only on that basis.

C. Total Damages Summary

VI. INSURANCE COVERAGE ANALYSIS

A. Tortfeasor's Liability Coverage

Tennessee Minimum Auto Insurance (Tenn. Code Ann. § 55-12-102):
- $25,000/$50,000 bodily injury; $15,000 property damage (25/50/15)

B. UM/UIM Coverage

Tennessee does not mandate UM/UIM coverage, but insurers must offer it (Tenn. Code Ann. § 56-7-1201). The insured must affirmatively reject it.

C. MedPay

VII. PREJUDGMENT INTEREST

Tennessee does NOT permit prejudgment interest in personal injury tort cases. Post-judgment interest accrues at the statutory rate upon entry of judgment. This is a critical distinction from many neighboring states and underscores the importance of timely settlement.

VIII. PUNITIVE DAMAGES

Applicability (Tenn. Code Ann. § 29-39-104)

Punitive damages are available in Tennessee where the defendant acted intentionally, fraudulently, maliciously, or recklessly.

Cap: Greater of 2x total compensatory damages or $500,000

Burden: Clear and convincing evidence

☐ Punitive damages sought: [________________________________]
☐ Punitive damages not sought at this time

IX. SETTLEMENT DEMAND

SETTLEMENT DEMAND: $[________________________________]

Terms:

1. Payment within thirty (30) days of receipt
2. Certified funds to [________________________________], Attorney Trust Account
3. Full and final release upon payment
4. Inclusive of all claims from the incident
5. Excludes first-party coverage claims

X. STATUTE OF LIMITATIONS AND RESERVATION OF RIGHTS

Statute of Limitations — CRITICAL

Tenn. Code Ann. § 28-3-104(a): generally one year after accrual for a listed injury action. This demand does not toll or determine the deadline. Counsel must apply all claim-specific accrual, exception, and party facts.

Reservation of Rights

Claimant reserves all rights, including the right to file suit, amend damages, pursue punitive damages, pursue UM/UIM claims, and all other remedies under Tennessee law.

WARNING: If this demand is not accepted within the time stated, Claimant will file suit. Tennessee's several liability system means each defendant pays only its own share, but under the "empty chair" defense (nonparty fault allocation; see Tenn. Code Ann. § 20-1-119), the tortfeasor's share may increase if non-parties are found responsible.

XI. MEDICAL RECORDS AND EXHIBITS INDEX

☐ Emergency department records
☐ Ambulance / EMS report
☐ Hospital records
☐ Primary care records
☐ Specialist records
☐ Physical therapy records
☐ Mental health records
☐ Surgical records
☐ Imaging reports
☐ Prescription records
☐ Medical narrative report
☐ Itemized bills
☐ EOBs
☐ Employer wage verification
☐ Tax returns
☐ Police report
☐ Photographs
☐ Witness statements
☐ Property damage documentation

XII. SIGNATURE

Respectfully submitted,

[________________________________]
Attorney for Claimant
Tennessee BPR No.: [________________________________]

[________________________________]
Firm Name
[________________________________]
Address
[________________________________]

Telephone: [________________________________]
Email: [________________________________]

Date: [__/__/____]

XIII. SOURCES AND REFERENCES

Tennessee Statutes

• McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992) — Modified comparative fault (barred at 50% or more; common-law rule)
• Tenn. Code Ann. § 28-3-104(a) — generally one year after accrual for listed injury actions, subject to the subsection's conditions
• Tenn. Code Ann. § 29-39-102 — Non-economic damages cap ($750K general; $1M catastrophic)
• Tenn. Code Ann. § 29-39-104 — Punitive damages cap (2x compensatory or $500K)
• Tenn. Code Ann. § 29-11-107 — Several liability (no joint and several)
• Tenn. Code Ann. § 20-5-106 et seq. — Wrongful death
• Tenn. Code Ann. § 55-12-102 — Auto insurance minimums (25/50/15)
• Tenn. Code Ann. § 56-7-1201 — UM/UIM coverage (must be offered)
• Tenn. Code Ann. § 55-8-199 — Texting while driving prohibition
• Tenn. Code Ann. § 55-10-401 — DUI

Key Tennessee Principles

• Modified comparative fault with 50% bar (changed from 49% in 2021)
• Limitations calendar — supported accrual date, one-year working date, and every potentially applicable exception reviewed
• Non-economic damages capped at $750,000 (general) / $1,000,000 (catastrophic)
• Punitive damages capped at 2x compensatory or $500,000
• Several liability only — no joint and several liability (narrow exceptions)
• No prejudgment interest in tort cases
• Auto insurance minimums: 25/50/15
• Tennessee is a fault-based tort state

This template does not constitute legal advice and must be reviewed by a licensed Tennessee attorney before use.