Connecticut Personal Injury Demand Letter

PERSONAL INJURY DEMAND LETTER — STATE OF CONNECTICUT

PRIVILEGED AND CONFIDENTIAL
FOR SETTLEMENT PURPOSES ONLY — PURSUANT TO CONN. CODE EVID. § 4-8

ATTORNEY / FIRM INFORMATION

CLAIM INFORMATION

RE: Personal Injury Claim of [________________________________] v. [________________________________]
Claim No.: [________________________________]
Date of Loss: [__/__/____]

Dear [________________________________]:

1. INTRODUCTION AND PURPOSE

This firm represents [________________________________] ("Claimant") in connection with personal injuries sustained on [__/__/____] as a direct and proximate result of the negligence of your insured, [________________________________] ("Insured" or "Tortfeasor"). This letter constitutes a formal demand for settlement of all claims arising from the above-referenced incident.

This demand is made pursuant to Connecticut Code of Evidence § 4-8 (settlement privilege) and is intended solely for settlement negotiation purposes. Nothing herein shall constitute an admission or waiver of any rights or claims. Claimant expressly reserves all rights to pursue litigation, including but not limited to claims for compensatory damages, costs, and any other relief available under Connecticut law.

We have conducted a thorough investigation into this matter and have concluded that your insured bears primary liability. Under Connecticut's modified comparative negligence system (Conn. Gen. Stat. § 52-572h), claimant fault may reduce recovery or bar it if it exceeds the statutory comparison threshold. Where more than one party caused the damages, each liable party generally owes only its proportionate share, subject to the statute's reallocation rules. Connecticut places no statutory caps on compensatory damages in general personal injury cases.

Please direct all communications regarding this claim to this office. Do not contact our client directly.

2. CONNECTICUT STATUTORY FRAMEWORK

2.1 Negligence and Comparative Fault

• Conn. Gen. Stat. § 52-572h — Modified Comparative Negligence (51% Bar): Connecticut applies a modified comparative negligence standard. A plaintiff may recover damages if the plaintiff's negligence was not greater than the combined negligence of the defendant or defendants against whom recovery is sought. If the plaintiff is more than 50% at fault (i.e., 51% or more), the plaintiff is completely barred from recovery. Damages are diminished in proportion to the plaintiff's percentage of fault.

2.2 Statute of Limitations

• Conn. Gen. Stat. § 52-584 — Actions for injury to person or property caused by negligence must be brought within 2 years from the date when the injury is first sustained or discovered or in the exercise of reasonable care should have been discovered. No such action may be brought more than 3 years from the date of the act or omission complained of.
• Date of loss: [__/__/____] | Filing deadline: [__/__/____]

2.3 No Statutory Caps on Damages

• Connecticut does NOT cap economic or non-economic damages in general personal injury actions. The full value of the Claimant's losses is recoverable without statutory limitation.

2.4 Punitive Damages

• Ordinary negligence alone does not support common-law punitive damages. If the claimant proves reckless indifference to another's rights or an intentional and wanton violation of them, a common-law punitive award is discretionary and limited to litigation costs, including reasonable attorney's fees, less taxable costs. Separately, Conn. Gen. Stat. § 14-295 permits discretionary double or treble damages for injury caused substantially by a specifically pleaded, deliberate or reckless violation of one of that section's listed motor-vehicle statutes. That statutory remedy depends on the facts and does not follow from every traffic violation.

2.5 Apportionment and Reallocation

• Conn. Gen. Stat. § 52-572h(c), (g) — Each liable defendant generally owes a proportionate share of recoverable economic and noneconomic damages. If a defendant's share cannot be collected, subsection (g) permits the court to reallocate the uncollectible amount among the other defendants under its conditions and limits.

2.6 Collateral Source Rule

• Conn. Gen. Stat. § 52-225a — After liability and damages are determined, the court reduces economic damages by qualifying collateral-source payments, offset by amounts the claimant or immediate family paid, contributed, or forfeited to secure the benefit. The court does not reduce the award for a source carrying a subrogation right or for a collateral-source amount that overlaps the reduction already made for the claimant's comparative negligence.

2.7 Offer of Judgment

• Conn. Gen. Stat. § 52-192a(c) — If the plaintiff recovers at least the amount of a rejected offer of compromise, the court adds 8% annual interest on the amount recovered. Interest runs from the complaint's filing date if the offer was filed within 18 months of the complaint, or from the offer's filing date if filed later. The court may also award attorney fees up to $350.

3. FACTUAL BACKGROUND

3.1 The Incident

On [__/__/____], at approximately [____] [a.m./p.m.], the Claimant was [________________________________] at or near [________________________________] (the "Incident Location") in [________________________________], Connecticut.

At that time and place, your insured, [________________________________], negligently [________________________________].

As a direct and proximate result of your insured's negligence, the Claimant sustained serious and significant personal injuries as described in detail below.

3.2 Scene and Conditions

3.3 Law Enforcement Response

3.4 Witness Information

3.5 Narrative Summary

[________________________________]

[________________________________]

[________________________________]

4. LIABILITY ANALYSIS

4.1 Duty of Care

Your insured owed the Claimant a duty of reasonable care as established under Connecticut common law and the applicable rules of the road (Conn. Gen. Stat. Title 14). Specifically, your insured had a duty to [________________________________].

4.2 Breach of Duty

Your insured breached this duty of care by:

☐ Operating a motor vehicle in a negligent manner
☐ Failing to maintain a proper lookout
☐ Failing to yield the right-of-way (Conn. Gen. Stat. § 14-245)
☐ Following too closely in violation of Conn. Gen. Stat. § 14-240
☐ Exceeding the posted speed limit in violation of Conn. Gen. Stat. § 14-219
☐ Operating while under the influence (Conn. Gen. Stat. § 14-227a)
☐ Distracted driving / use of handheld device (Conn. Gen. Stat. § 14-296aa)
☐ Disobeying a red traffic signal (Conn. Gen. Stat. § 14-299)
☐ Disobeying a stop sign (Conn. Gen. Stat. § 14-301)
☐ Reckless driving (Conn. Gen. Stat. § 14-222)
☐ Failing to maintain premises in a safe condition
☐ [________________________________]
☐ [________________________________]

4.3 Causation

The Claimant's injuries were the direct and proximate result of your insured's breach of duty. But for your insured's negligent conduct, the Claimant would not have sustained the injuries described herein.

4.4 Comparative Fault Analysis (Conn. Gen. Stat. § 52-572h)

Under Connecticut's modified comparative negligence system, the Claimant is barred from recovery only if found to be more than 50% at fault (i.e., 51% or greater).

Our position is that your insured bears [____]% fault for this incident. The Claimant's fault is well below the 51% bar.

5. INJURIES AND MEDICAL TREATMENT

5.1 Summary of Injuries

Primary Diagnoses:
☐ Traumatic brain injury (TBI) / Concussion
☐ Cervical spine injury (herniation, bulge, fracture)
☐ Thoracic spine injury
☐ Lumbar spine injury (herniation, bulge, fracture)
☐ Shoulder injury (rotator cuff tear, labral tear, dislocation)
☐ Knee injury (ACL, MCL, meniscus tear)
☐ Hip injury / fracture
☐ Rib fractures
☐ Wrist / hand fractures
☐ Ankle / foot fractures
☐ Facial lacerations / scarring
☐ Internal organ damage
☐ Soft tissue injuries (sprains, strains, contusions)
☐ Post-traumatic stress disorder (PTSD)
☐ Depression / anxiety
☐ [________________________________]

ICD-10 Codes:

5.2 Chronological Treatment History

Emergency / Acute Care

Primary Care / Follow-Up

Specialist Care

Physical Therapy / Rehabilitation

Surgical Procedures

Diagnostic Imaging

Mental Health Treatment

Prescription Medications

5.3 Current Condition and Prognosis

[________________________________]

Treating physician's prognosis:
☐ Full recovery expected
☐ Permanent partial impairment — rated at [____]% whole person impairment
☐ Permanent total impairment
☐ Ongoing treatment required (estimated duration: [________________________________])
☐ Future surgery likely or recommended
☐ Maximum medical improvement (MMI) reached on [__/__/____]
☐ MMI not yet reached

5.4 Impact on Daily Living

[________________________________]

6. DAMAGES CALCULATION

6.1 Summary of Economic Damages

A. Past Medical Expenses

CONNECTICUT COLLATERAL SOURCE NOTE (§ 52-225a): After a liability finding and damages award, the court considers qualifying collateral-source payments and subtracts amounts paid, contributed, or forfeited by the claimant or immediate family to secure the benefits. A subrogation right prevents reduction for that source; the negligence exception prevents a second reduction for the same overlapping amount, rather than excluding every payment whenever the claimant shares fault.

B. Future Medical Expenses

C. Past Lost Wages / Income

D. Future Lost Earning Capacity

E. Property Damage

F. Out-of-Pocket Expenses

6.2 Total Economic Damages

6.3 Non-Economic Damages

☐ Physical pain and suffering (past and ongoing)
☐ Mental and emotional distress
☐ Loss of enjoyment of life
☐ Loss of consortium (spouse: [________________________________])
☐ Disfigurement and scarring
☐ Inconvenience
☐ Permanent impairment
☐ [________________________________]

Non-Economic Damages Claimed: $[________]

CONNECTICUT LAW NOTE: Connecticut does NOT impose any statutory cap on non-economic damages in personal injury actions. The Claimant is entitled to the full value of pain and suffering, emotional distress, and all other non-economic losses.

6.4 Total Compensatory Damages

7. INSURANCE COVERAGE ANALYSIS

7.1 Tortfeasor's Liability Coverage

7.2 Claimant's Coverage

CONNECTICUT INSURANCE NOTE: Connecticut requires minimum auto liability coverage of $25,000/$50,000/$25,000 (Conn. Gen. Stat. § 38a-335). Connecticut is a tort state — no PIP requirement. UM/UIM coverage is required. Its default bodily-injury limits match the policy’s liability limits; a named insured may request lower UM/UIM limits in writing, but not below the minimum in § 14-112(a). A lower-limits request is ineffective without the named insured’s signed informed-consent form (Conn. Gen. Stat. § 38a-336(a)(2)). Under § 38a-336(d), UM/UIM limits applicable to two or more covered vehicles cannot be added together for one accident, whether the vehicles are on the same or separate policies. Identify the occupied vehicle and all applicable policies before stating the available limit.

7.3 Coverage Adequacy Assessment

☐ Claimant's damages are within tortfeasor's policy limits
☐ Claimant's damages exceed tortfeasor's policy limits — excess exposure
☐ UM/UIM claim may be necessary
☐ Umbrella/excess policy may be implicated

8. INTEREST AND OFFER OF JUDGMENT

8.1 Interest Controls (Conn. Gen. Stat. § 37-3b)

For a negligence action arising on or after May 27, 1997, § 37-3b addresses interest on a judgment rather than pre-suit or prejudgment interest. It sets a 10% annual rate beginning on the earlier of 20 days after judgment or 90 days after verdict, subject to its tolling rule when the plaintiff files a postverdict or postjudgment motion or an appeal. Do not add that interest to this pre-suit demand.

8.2 Offer of Judgment / Offer of Compromise (Conn. Gen. Stat. § 52-192a)

IMPORTANT: Under Conn. Gen. Stat. § 52-192a(c), if a defendant rejects a filed offer of compromise and the plaintiff recovers at least the offered amount after trial, the court adds 8% annual interest on the amount recovered. Interest runs from the complaint's filing date if the offer was filed within 18 months after the complaint, or from the offer's filing date if filed later.

We may file an Offer of Compromise after the applicable waiting period under § 52-192a(a) or (b). Failure to resolve this claim before trial may expose your insured to additional liability through this mechanism.

9. PUNITIVE DAMAGES

CONNECTICUT LAW NOTE: Ordinary negligence alone does not support common-law punitive damages. They require reckless indifference or an intentional and wanton violation of another's rights; any award is discretionary and limited to litigation costs, including attorney's fees, less taxable costs (Connecticut Judicial Branch Civil Jury Instructions § 3.4-4). If the accident involved a specifically pleaded, deliberate or reckless violation of a traffic statute listed in Conn. Gen. Stat. § 14-295, and that violation substantially caused the injury, the fact finder may award double or treble damages under that statute. Verify the cited traffic section against § 14-295's list; not every motor-vehicle offense qualifies.

☐ Common-law punitive damages are sought on the following reckless or intentional conduct: [________________________________]; supported litigation costs, less taxable costs: $[________]
☐ Section 14-295 double or treble damages are sought for the following listed violation and supporting facts: [________________________________]
☐ Neither remedy is sought at this time

10. SETTLEMENT DEMAND

10.1 Demand Amount

Based on the foregoing analysis, the Claimant hereby demands the total sum of:

$[________]

to fully and finally resolve all claims arising from the incident of [__/__/____].

10.2 Response Deadline

This demand shall remain open for thirty (30) calendar days from the date of this letter, expiring on [__/__/____].

10.3 Consequences of Non-Response

1. Filing of a civil complaint in the Connecticut Superior Court, Judicial District of [________________________________]
2. Filing of an Offer of Compromise after the applicable statutory waiting period under Conn. Gen. Stat. § 52-192a, potentially creating exposure to 8% annual interest
3. Pursuit of supported relief, including compensatory damages and taxable costs; interest or attorney's fees only if an applicable statute, contract, or qualifying punitive-damages claim independently permits them

11. RESERVATION OF RIGHTS

The Claimant expressly reserves the following rights:

☐ To amend or supplement this demand based on additional information
☐ To file suit at any time prior to expiration of the statute of limitations
☐ To file an Offer of Compromise under Conn. Gen. Stat. § 52-192a
☐ To seek common-law punitive damages if reckless or intentional and wanton conduct is proved, or § 14-295 damages if its separate traffic-violation requirements are met
☐ To pursue claims against additional parties
☐ To file a UM/UIM claim against Claimant's own insurer
☐ All other rights and remedies available under Connecticut law

12. ENCLOSED DOCUMENTS AND EXHIBITS INDEX

Medical Records and Bills

☐ Emergency room records and bills — [________________________________]
☐ Hospital admission/discharge records — [________________________________]
☐ Primary care physician records — [________________________________]
☐ Specialist consultation records — [________________________________]
☐ Physical therapy / rehabilitation records — [________________________________]
☐ Surgical records and operative reports — [________________________________]
☐ Diagnostic imaging reports — [________________________________]
☐ Mental health treatment records — [________________________________]
☐ Pharmacy / prescription records — [________________________________]
☐ Life care plan — [________________________________]

Liability Documentation

☐ Police / incident report — Report No. [________________________________]
☐ Photographs of accident scene
☐ Photographs of vehicle / property damage
☐ Photographs of injuries
☐ Witness statements
☐ Surveillance / dashcam footage

Financial Documentation

☐ Employer verification of lost wages
☐ Tax returns (prior [____] years)
☐ Vocational assessment / economic loss report
☐ Property damage estimate / repair invoice
☐ Out-of-pocket expense receipts

Insurance Documentation

☐ Declaration page — Tortfeasor's policy
☐ Declaration page — Claimant's policy

13. SIGNATURE AND CERTIFICATION

Respectfully submitted,

______________________________________
[Attorney Name]
[Firm Name]
Connecticut Bar No. [________________________________]
[Street Address]
[City], Connecticut [ZIP]
Telephone: [________________________________]
Email: [________________________________]

Date: [__/__/____]

14. SOURCES AND REFERENCES

Connecticut Statutes

• Conn. Gen. Stat. § 37-3b — Interest Recoverable in Negligence Actions
• Conn. Gen. Stat. § 38a-335 — Automobile Liability Insurance Requirements (25/50/25)
• Conn. Gen. Stat. § 38a-336 — Uninsured/Underinsured Motorist Coverage Requirements
• Conn. Gen. Stat. § 52-192a — Offer of Compromise / Offer of Judgment (8% interest penalty)
• Conn. Gen. Stat. § 52-225a — Collateral Source Reduction
• Conn. Gen. Stat. § 52-555 — Wrongful Death Actions
• Conn. Gen. Stat. § 52-572h — Negligence Actions; Modified Comparative Negligence; Apportionment
• Conn. Gen. Stat. § 52-584 — Statute of Limitations for Negligence (2 years from discovery / 3-year outer limit)
• Conn. Gen. Stat. § 14-295 — Discretionary double or treble damages for specifically pleaded reckless traffic violations listed in the section
• Conn. Gen. Stat. § 14-219 — Speed Limits
• Conn. Gen. Stat. § 14-222 — Reckless Driving
• Conn. Gen. Stat. § 14-227a — Operating Under the Influence
• Conn. Gen. Stat. § 14-296aa — Handheld Device Use While Driving

Key Connecticut Case Law

• Bhatt v. Nawaz, 332 Conn. 115 (2019) — Apportionment principles
• Jagger v. Mohawk Mountain Ski Area, Inc., 269 Conn. 672 (2004) — Comparative negligence analysis
• Berry v. Loiseau, 223 Conn. 786 (1992) — Common-law punitive damages threshold and litigation-expense limit (see Connecticut Judicial Branch Civil Jury Instructions § 3.4-4)

Regulatory Resources

• Connecticut Insurance Department — https://portal.ct.gov/CID
• Connecticut Judicial Branch — https://www.jud.ct.gov/

This template is designed for use by licensed Connecticut attorneys. It must be customized for each individual case. All statutory citations should be verified against current law before use. This document does not constitute legal advice.