Texas Personal Injury Demand Letter

PERSONAL INJURY DEMAND LETTER — TEXAS

FOR SETTLEMENT PURPOSES ONLY — TEX. R. EVID. 408 PROTECTED

HEADER INFORMATION

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

Date: [__/__/____]

FROM:
[________________________________]
Attorney at Law
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]
State Bar of Texas No.: [________________________________]

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

RE: PERSONAL INJURY DEMAND

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 [________________________________] County, Texas.

This firm has been retained to represent Claimant in all matters arising from this incident. All communications should be directed to this office. Please do not contact Claimant directly.

This demand is submitted for settlement purposes only and is protected under Tex. R. Evid. 408.

NOTE — PREJUDGMENT INTEREST: This letter also serves as written notice of claim for purposes of triggering prejudgment interest under Tex. Fin. Code § 304.103. Prejudgment interest begins to accrue 180 days after the defendant or insurer receives this written notice.

TEXAS PROPORTIONATE RESPONSIBILITY: Under Tex. Civ. Prac. & Rem. Code § 33.001, Texas applies proportionate responsibility (modified comparative fault with a 51% bar). A claimant is barred from recovery if found more than 50% responsible. If 50% or less responsible, damages are reduced proportionally.

II. FACTUAL BACKGROUND

A. Pre-Incident Conditions

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

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

B. The Incident

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

(Provide a detailed narrative of the incident, including specific locations, parties involved, and sequence of events.)

C. Emergency Response

☐ Police called — Report No.: [________________________________]
☐ EMS responded — Report No.: [________________________________]
☐ Claimant transported by ambulance to [________________________________]
☐ Claimant sought emergency care at [________________________________]
☐ Fire department responded
☐ Photographs taken at scene
☐ Witness statements obtained
☐ Dash cam / body cam footage available

D. Witnesses

E. Police Report Summary

Officer [________________________________], [________________________________]:

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

☐ Citations to tortfeasor: [________________________________]
☐ No citations to Claimant
☐ Accident reconstruction report obtained

III. LIABILITY ANALYSIS UNDER TEXAS LAW

A. Negligence Standard

Under Texas law, a plaintiff must prove by a preponderance of the evidence:

1. Legal duty — The tortfeasor owed a duty of care
2. Breach — The tortfeasor breached that duty
3. Proximate cause — The breach was a proximate cause of Claimant's injuries (both cause-in-fact and foreseeability)
4. Damages — Claimant suffered actual damages

B. Tortfeasor's Specific Acts of Negligence

☐ Failure to maintain proper lookout
☐ Failure to yield right of way
☐ Following too closely (Tex. Transp. Code § 545.062)
☐ Distracted driving / cell phone use (Tex. Transp. Code § 545.4251)
☐ Excessive speed (Tex. Transp. Code § 545.351)
☐ Failure to obey traffic signal (Tex. Transp. Code § 544.007)
☐ Failure to obey stop sign (Tex. Transp. Code § 544.010)
☐ Improper lane change (Tex. Transp. Code § 545.060)
☐ Running a red light
☐ DWI (Tex. Penal Code § 49.04)
☐ Reckless driving (Tex. Transp. Code § 545.401)
☐ Failure to maintain vehicle in safe operating condition
☐ Negligent entrustment
☐ Respondeat superior / employer liability
☐ Other: [________________________________]

C. Proportionate Responsibility (Tex. Civ. Prac. & Rem. Code § 33.001)

Texas uses proportionate responsibility (the statutory term for its comparative fault system):

• A claimant may not recover if the claimant's percentage of responsibility is greater than 50%
• If 50% or less responsible, recovery is reduced by the claimant's percentage
• The trier of fact determines the percentage of responsibility of each claimant, each defendant, each settling person, and each responsible third party (§ 33.003)
• Texas allows "responsible third parties" to be designated under § 33.004 (the "empty chair" defense)

Claimant bears NO responsibility for this incident. The tortfeasor is 100% responsible.

D. Joint and Several Liability (Tex. Civ. Prac. & Rem. Code § 33.013)

Under Texas law:

• A defendant found more than 50% responsible is jointly and severally liable for all damages
• A defendant found 50% or less responsible is severally liable only — responsible for only that defendant's proportional share
• Exception: joint and several liability applies regardless of percentage for defendants who acted with specific intent to do harm (§ 33.013(b))

E. Negligence Per Se

Violation of a safety statute constitutes negligence per se in Texas when:

• The statute is designed to protect a class of persons including the plaintiff
• The plaintiff is within the class of persons the statute was designed to protect
• The violation proximately caused the plaintiff's injuries

Applicable violations:

• Tex. Transp. Code § [________________________________]: [________________________________]
• Tex. Transp. Code § [________________________________]: [________________________________]

IV. INJURIES AND MEDICAL TREATMENT

A. Summary of Injuries

Primary Diagnoses:

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

Secondary/Associated Conditions:

• [________________________________]
• [________________________________]

B. Injury Checklist

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

C. Chronological Treatment History

Texas "Paid or Incurred" Rule: Under Haygood v. De Escabedo, 356 S.W.3d 390 (Tex. 2011), a claimant may only recover medical expenses that have been paid or incurred, not the full billed amount. The amounts presented herein represent amounts paid or incurred by or on behalf of Claimant.

D. Diagnostic Imaging

E. Surgical Procedures

F. Prognosis and Future Treatment

Treating physician [________________________________]:

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

V. DAMAGES CALCULATION

A. Economic Damages (No Cap in General PI)

Note: Texas does not cap economic or non-economic damages in general personal injury cases. Caps apply only in medical malpractice cases ($250,000 per provider / $500,000 aggregate for institutions under Tex. Civ. Prac. & Rem. Code § 74.301).

B. Non-Economic Damages (No Cap in General PI)

Texas Damage Categories: Texas recognizes distinct categories of non-economic damages: physical pain and suffering, mental anguish, physical impairment, and disfigurement. Each is a separate element of damages, and each can be awarded for both past and future periods.

C. Total Damages Summary

VI. INSURANCE COVERAGE ANALYSIS

A. Tortfeasor's Liability Coverage

Texas Minimum Auto Insurance (Tex. Transp. Code § 601.072):
- $30,000/$60,000 bodily injury; $25,000 property damage (30/60/25)

B. UM/UIM Coverage

Under Tex. Ins. Code § 1952.101, UM/UIM coverage must be offered. The insured must reject in writing.

C. PIP (Personal Injury Protection)

Texas requires PIP coverage of at least $2,500 unless rejected in writing.

D. Stacking

☐ Stacking analysis performed
☐ Multiple vehicle stacking available

VII. PREJUDGMENT INTEREST

Under Tex. Fin. Code § 304.103, prejudgment interest accrues at the post-judgment interest rate applicable at the time of judgment.

Accrual: Interest begins on the earlier of:

• 180 days after the defendant receives written notice of the claim; or
• The date suit is filed

This letter serves as written notice. Prejudgment interest will begin to accrue 180 days from receipt.

Practice Note: Prejudgment interest in Texas does not compound and does not apply to future damages or punitive damages. It applies to past damages only.

VIII. PUNITIVE (EXEMPLARY) DAMAGES

Applicability (Tex. Civ. Prac. & Rem. Code § 41.003)

Exemplary damages are available in Texas where the defendant's conduct involved:

• Fraud
• Malice (specific intent to cause substantial injury or harm)
• Gross negligence (act or omission involving an extreme degree of risk and of which the defendant had actual, subjective awareness)

Statutory Cap (Tex. Civ. Prac. & Rem. Code § 41.008)

Exemplary damages are capped at the greater of:

• Two (2) times economic damages PLUS an amount equal to non-economic damages up to $750,000; or
• $200,000

Burden of Proof

Clear and convincing evidence is required for exemplary damages under § 41.003(a).

☐ Exemplary damages sought: [________________________________]
☐ Exemplary 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 (IOLTA)
3. Full and final release upon payment
4. Inclusive of all claims arising from the incident
5. Excludes first-party insurance claims (PIP, UM/UIM)
6. Excludes subrogation claims

Stowers Doctrine: Under G.A. Stowers Furniture Co. v. American Indemnity Co., 15 S.W.2d 544 (Tex. Comm'n App. 1929), an insurer that unreasonably refuses to settle a claim within policy limits may be held liable for the entire judgment, even if it exceeds policy limits. This demand falls within the available policy limits. A failure to accept this reasonable demand may expose the insurer to a Stowers claim.

X. STATUTE OF LIMITATIONS AND RESERVATION OF RIGHTS

Statute of Limitations

Under Tex. Civ. Prac. & Rem. Code § 16.003, the SOL for personal injury is two (2) years.

Reservation of Rights

Claimant reserves all rights, including:

• Filing suit before SOL expiration
• Amending or supplementing damages
• Pursuing claims against additional parties or "responsible third parties" under § 33.004
• Pursuing exemplary damages
• Seeking prejudgment interest from 180 days after receipt of this notice
• Pursuing UM/UIM claims
• Pursuing Stowers claims against the insurer for unreasonable refusal to settle
• All other remedies under Texas law

XI. MEDICAL RECORDS AND EXHIBITS INDEX

☐ Emergency department records
☐ Ambulance / EMS report
☐ Hospital records and discharge summaries
☐ Primary care records
☐ Specialist records (orthopedic, neurology, pain management)
☐ Physical therapy records
☐ Chiropractic records
☐ Mental health records
☐ Surgical records and operative reports
☐ Diagnostic imaging reports
☐ Prescription records
☐ Treating physician narrative report
☐ Itemized medical bills (paid or incurred amounts)
☐ Health insurance EOBs
☐ Lien letters (hospital, provider, attorney)
☐ Employer wage verification letter
☐ Tax returns ([____] – [____])
☐ Pay stubs
☐ Vocational assessment (if applicable)
☐ Police accident report (CR-3)
☐ Scene photographs
☐ Vehicle damage photographs
☐ Injury photographs (progression)
☐ Witness statements
☐ Accident reconstruction report
☐ Property damage estimate / repair invoice
☐ Rental car receipts
☐ Out-of-pocket expense documentation

XII. SIGNATURE

Respectfully submitted,

[________________________________]
Attorney for Claimant
State Bar of Texas No.: [________________________________]

[________________________________]
Firm Name
[________________________________]
Address
[________________________________]
City, Texas [____]

Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

Date: [__/__/____]

XIII. SOURCES AND REFERENCES

Texas Statutes

• Tex. Civ. Prac. & Rem. Code § 33.001 — Proportionate responsibility (51% bar)
• Tex. Civ. Prac. & Rem. Code § 33.003 — Percentage of responsibility determination
• Tex. Civ. Prac. & Rem. Code § 33.004 — Designation of responsible third parties
• Tex. Civ. Prac. & Rem. Code § 33.013 — Joint and several liability (>50% only)
• Tex. Civ. Prac. & Rem. Code § 16.003 — Statute of limitations (2 years)
• Tex. Civ. Prac. & Rem. Code § 41.003 — Exemplary damages standard
• Tex. Civ. Prac. & Rem. Code § 41.008 — Exemplary damages cap
• Tex. Civ. Prac. & Rem. Code § 74.301 — Med mal non-economic cap ($250K/$500K)
• Tex. Civ. Prac. & Rem. Code § 71.001 et seq. — Wrongful death
• Tex. Fin. Code § 304.103 — Prejudgment interest rate and accrual
• Tex. Transp. Code § 601.072 — Auto insurance minimums (30/60/25)
• Tex. Ins. Code § 1952.101 — UM/UIM coverage

Key Texas Cases

• G.A. Stowers Furniture Co. v. American Indemnity Co., 15 S.W.2d 544 (Tex. Comm'n App. 1929) — Insurer bad faith for failing to settle within limits
• Haygood v. De Escabedo, 356 S.W.3d 390 (Tex. 2011) — "Paid or incurred" medical expense rule

Key Texas Principles

• Proportionate responsibility with 51% bar (plaintiff barred if >50% responsible)
• No cap on economic or non-economic damages in general PI cases
• Med mal caps: $250,000 per provider / $500,000 aggregate for institutions
• Exemplary damages capped at greater of 2x economic + non-economic (up to $750K) or $200K
• Prejudgment interest accrues from 180 days after written notice of claim
• Joint and several for defendants >50% responsible; several only for ≤50%
• Auto insurance minimums: 30/60/25
• Stowers doctrine creates insurer exposure for unreasonable failure to settle
• Texas is a fault-based tort state

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