Personal Injury Demand Letter

PERSONAL INJURY DEMAND LETTER

Pre-Litigation Settlement Demand

[LAW FIRM LETTERHEAD]

DATE: [________________________________]

VIA: Certified Mail, Return Receipt Requested
AND: Email to [________________________________]

TO:

Claims Representative:
[ADJUSTER NAME]
[INSURANCE COMPANY]
[CLAIMS DEPARTMENT]
[ADDRESS]
[CITY, STATE ZIP]

Claim Number: [________________________________]

Insured: [________________________________]

Date of Loss: [________________________________]

RE: SETTLEMENT DEMAND

Dear [ADJUSTER NAME]:

This firm represents [CLIENT NAME] for injuries and damages sustained on [DATE OF INCIDENT]. We have completed our investigation and obtained our client's medical records. This letter constitutes our formal demand for settlement.

I. SUMMARY OF CLAIM

Claimant: [________________________________]

Type of Incident: [________________________________]

Date: [________________________________]

Location: [________________________________]

Injuries: [________________________________]

Total Medical Expenses: $[________________________________]

Total Lost Wages: $[________________________________]

SETTLEMENT DEMAND: $[________________________________]

II. LIABILITY

A. Facts of the Incident

[Provide detailed narrative of how the incident occurred, including:]

On [DATE], at approximately [TIME], [CLIENT NAME] was [description of what claimant was doing]. At that time, your insured, [INSURED NAME], [description of negligent act or omission].

[Continue with detailed factual narrative...]

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

B. Evidence of Liability

The following evidence establishes your insured's negligence:

Police/Incident Report:
[Summarize relevant findings, citations issued, officer's conclusions]

Witness Statements:
[Summarize witness accounts supporting liability]

Physical Evidence:
[Describe physical evidence - vehicle damage, photographs, surveillance footage]

Expert Analysis (if applicable):
[Summarize expert opinions on liability]

C. Legal Analysis

Your insured breached the following duties of care:

☐ Duty to operate a vehicle with reasonable care
☐ Duty to maintain safe premises
☐ Duty to warn of known hazards
☐ Duty to comply with traffic laws
☐ Duty to [________________________________]

Applicable Statutes/Regulations Violated:
☐ [STATUTE] - [Description]
☐ [STATUTE] - [Description]

Negligence Per Se:
[If applicable, explain how statutory violation establishes negligence]

D. Comparative Fault Analysis

☐ Our client bears no comparative fault
☐ Even if [minimal comparative fault scenario], your insured remains predominantly at fault

E. Conclusion on Liability

Based on the foregoing, liability is clear and uncontested. Your insured is 100% responsible for the incident and resulting damages.

III. INJURIES AND TREATMENT

A. Emergency Treatment

Immediately following the incident, [CLIENT NAME] was [transported by ambulance / went to emergency room / sought treatment at]:

Emergency Room:
[HOSPITAL NAME]
Date: [________________________________]
Chief Complaints: [________________________________]
Diagnosis: [________________________________]
Treatment: [________________________________]

B. Injuries Sustained

As a direct result of the incident, [CLIENT NAME] sustained the following injuries:

Primary Diagnoses:

1. [DIAGNOSIS] - ICD-10: [CODE]
2. [DIAGNOSIS] - ICD-10: [CODE]
3. [DIAGNOSIS] - ICD-10: [CODE]
4. [DIAGNOSIS] - ICD-10: [CODE]

C. Course of Treatment

[Provide detailed treatment narrative, organized by provider:]

[PROVIDER NAME] - [SPECIALTY]
Treatment Dates: [FROM] - [TO]
Treatment Provided: [________________________________]
Number of Visits: [____]
Findings: [________________________________]

[PROVIDER NAME] - [SPECIALTY]
Treatment Dates: [FROM] - [TO]
Treatment Provided: [________________________________]
Number of Visits: [____]
Findings: [________________________________]

Physical Therapy:
Facility: [________________________________]
Treatment Dates: [FROM] - [TO]
Sessions: [____]
Progress: [________________________________]

D. Diagnostic Testing

E. Surgical Treatment (if applicable)

[Describe any surgical procedures:]

Procedure: [________________________________]
Date: [________________________________]
Surgeon: [________________________________]
Hospital: [________________________________]
Description: [________________________________]
Recovery: [________________________________]

F. Current Condition

[Describe client's current condition:]

[CLIENT NAME] continues to experience:

• [SYMPTOM]
• [SYMPTOM]
• [SYMPTOM]

[He/She] has reached maximum medical improvement (MMI) as of [DATE].

☐ Ongoing treatment is [required / recommended]
☐ Permanent impairment has been assessed at [___]%

G. Causation

[CLIENT NAME]'s treating physicians have opined that, within a reasonable degree of medical probability, all injuries described herein were caused by the [DATE] incident. [Attach or reference narrative medical reports]

H. Prognosis and Future Medical Treatment

[TREATING PHYSICIAN] has opined that [CLIENT NAME] will require the following future treatment:

Total Estimated Future Medical: $[________________________________]

IV. DAMAGES

A. Medical Expenses

B. Future Medical Expenses

Based on treating physician recommendations:

C. Lost Wages / Lost Earning Capacity

Employment at Time of Incident:
Employer: [________________________________]
Position: [________________________________]
Hourly Rate/Salary: $[________] per [________]
Average Weekly Earnings: $[________]

Time Missed from Work:
First Date Missed: [________________________________]
Last Date Missed/Return Date: [________________________________]
Total Days Missed: [____]
Total Lost Wages: $[________________________________]

Lost Earning Capacity (if applicable):
[Describe reduced earning capacity and basis for claim]
Total Claimed: $[________________________________]

Employer Verification: [Enclosed / Available upon request]

D. Out-of-Pocket Expenses

E. Property Damage (if applicable)

[Describe property damage:]
Value/Repair Cost: $[________________________________]
Status: ☐ Resolved ☐ Pending

F. Summary of Special Damages

V. PAIN, SUFFERING, AND GENERAL DAMAGES

In addition to the economic damages detailed above, [CLIENT NAME] has endured significant pain, suffering, and diminished quality of life.

A. Physical Pain and Suffering

[Describe the physical pain endured:]

[________________________________]
[________________________________]
[________________________________]

B. Mental and Emotional Distress

[Describe emotional impact:]

[________________________________]
[________________________________]
[________________________________]

C. Loss of Enjoyment of Life

[Describe activities and enjoyments client can no longer pursue:]

Prior to this incident, [CLIENT NAME] enjoyed [activities]. Since the incident, [he/she] has been unable to [________________________________].

D. Permanent Impairment / Disfigurement (if applicable)

[Describe permanent consequences:]

[________________________________]

E. Impact on Daily Life

[Describe how injuries affect daily activities:]

[________________________________]
[________________________________]

VI. SETTLEMENT DEMAND

Based on the foregoing, we demand the sum of $[DEMAND AMOUNT] to fully and finally resolve all claims arising from this incident.

Demand Summary:

VII. RESPONSE DEADLINE

Please respond to this demand within thirty (30) days of receipt. If we do not receive a response or reasonable settlement offer within this timeframe, we will proceed with filing a lawsuit without further notice.

VIII. LIENS AND SUBROGATION

We are aware of the following liens/subrogation interests:

We will resolve all liens from settlement proceeds.

IX. ENCLOSURES

The following documents are enclosed in support of this demand:

☐ Police/Incident Report
☐ Medical Records (itemized)
☐ Medical Bills (itemized)
☐ Photographs of Injuries
☐ Photographs of Property Damage
☐ Photographs of Accident Scene
☐ Employment Records / Lost Wage Verification
☐ Narrative Medical Reports
☐ Expert Reports
☐ Witness Statements
☐ Video/Surveillance Footage
☐ Other: [________________________________]

X. SETTLEMENT AUTHORITY

Please note that we have full authority to negotiate and settle this claim on behalf of our client, subject to client approval of final terms.

XI. RESERVATION OF RIGHTS

This demand is not intended to be an exhaustive statement of all damages our client has incurred or will incur. We reserve the right to supplement this demand with additional damages as they become known. All rights and claims are expressly reserved.

Please direct all communications to:

[ATTORNEY NAME]
[LAW FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
Phone: [________________________________]
Fax: [________________________________]
Email: [________________________________]

We look forward to your prompt response.

Very truly yours,

[SIGNATURE]

[ATTORNEY NAME]
Attorney for [CLIENT NAME]
[STATE BAR NUMBER]

Enclosures: [List number of pages/items]

cc:
☐ [CLIENT NAME]
☐ File

DEMAND TRACKING LOG