Florida Personal Injury Demand Letter

PERSONAL INJURY SETTLEMENT DEMAND — FLORIDA

[DATE]

Via: [EMAIL / MAIL / CLAIMS PORTAL]

[INSURER NAME]
Attn: [ADJUSTER NAME]
[ADDRESS]
[EMAIL]

Re: Claimant [CLAIMANT NAME]; insured [INSURED NAME]; claim [CLAIM NUMBER]; policy [POLICY NUMBER]; loss date [DATE]

Dear [ADJUSTER NAME]:

I represent [CLAIMANT NAME] concerning the [DATE] incident at [LOCATION]. This letter offers to settle the claim against [INSURED NAME] for $[AMOUNT], subject to the terms below. Please send this letter and its attachments to the person authorized to evaluate and settle the claim.

This is a compromise offer under Fla. Stat. § 90.408 for a disputed claim. That section limits evidentiary use to prove liability or claim value; it does not make this letter confidential for every purpose.

Incident and liability

On [DATE], [DESCRIBE FACTS, THE INSURED'S CONDUCT, AND SUPPORTING EVIDENCE]. The basis for the insured's responsibility is [IDENTIFY FACTS AND APPLICABLE DUTY]. Enclosed are [REPORTS / PHOTOGRAPHS / WITNESS STATEMENTS]. Disputed facts or defenses known to the claimant are [DESCRIBE OR STATE NONE KNOWN].

Claimant's supported fault assessment: [FACTS, EVIDENCE, AND ANY ALLOCATION]. For a covered negligence action, Fla. Stat. § 768.81(6) bars recovery by a party found more than 50 percent at fault for that party's own harm; the subsection excepts personal injury or wrongful death arising from chapter 766 medical negligence. Apply the section's other scope limits to this claim.

Injury and loss

The claimant sustained [DESCRIBE INJURIES OR PROPERTY LOSS] and received [TREATMENT / REPAIRS]. Presently documented losses are:

[DESCRIBE FUTURE LOSS OR EXPLAIN WHY NONE IS CLAIMED.] The attachments listed below support the amount demanded. Please identify any records or facts you need to evaluate the claim promptly.

Medical-expense support: [AMOUNTS PAID, UNPAID CHARGES, COVERAGE OR GOVERNMENT-PROGRAM BENCHMARKS, AND FUTURE-CARE BASIS]. Fla. Stat. § 768.0427(2)-(4) governs medical-expense evidence and recoverable amounts in a personal injury or wrongful death action; billed charges alone need a claim-specific review.

Motor-vehicle claim, if applicable: PIP insurer and paid/remaining ledger: [DETAILS]. Emergency-medical-condition determination and authorized provider: [DETAILS]. Fla. Stat. § 627.736(1)(a)3.-4. distinguishes up to $10,000 from a $2,500 medical reimbursement limit based on that determination and the subsection's other conditions. For noneconomic damages arising from a motor vehicle, identify the applicable injury threshold in § 627.737(2) and its supporting medical evidence: [DETAILS].

Filing-period review: Fla. Stat. § 95.11(5)(a) sets two years for an action founded on negligence. Counsel's claim-specific accrual, transition, tolling, and any different cause-of-action deadline: [DATE AND BASIS]. This offer does not extend the filing period.

Optional liability-insurance disclosure request

Under Fla. Stat. § 627.4137(1), the claimant also requests, for each known liability policy including excess or umbrella coverage, the insurer's sworn statement identifying the insurer, each insured, limits, any reasonably believed coverage defense, and a copy of the policy. The statute sets 30 days after the claimant's written request and requires amendment when later facts call for it under subsection (2). Please send the disclosure to [CONTACT AND DELIVERY ADDRESS].

Settlement offer

The claimant offers to release [INSURED NAME] from claims arising from this incident in exchange for payment of $[AMOUNT]. The parties will document the release in a mutually acceptable written settlement agreement. Any known liens or reimbursement interests will be addressed as follows: [TERMS]. This offer is open until [DATE AND TIME, TIME ZONE]. Please respond in writing to [CONTACT INFORMATION], including any request for clarification or additional evidence.

The offer deadline is a good faith settlement deadline based on [REASONABLE BASIS]. It does not shorten any period established by Fla. Stat. § 624.155. For a liability claim, § 624.155(4)(a) addresses tender of the lesser of the policy limits or the amount demanded within 90 days after the insurer receives actual notice of a claim accompanied by sufficient supporting evidence. This letter does not itself establish when that statutory period begins or ends.

Please preserve the claim file and other relevant records, including communications, photographs, and recorded statements. This request identifies material that may be relevant to a later dispute; it does not purport to impose a new contractual duty.

Status of statutory notices and insurer action

This is a settlement demand, not the Civil Remedy Notice described in Fla. Stat. § 624.155(3). A person pursuing that statutory remedy must separately give the Department of Financial Services and the authorized insurer the prescribed 60 day written notice. Under § 624.155(3)(c), no action under that section lies if the insurer pays the damages or corrects the circumstances within 60 days after receiving the Department's notice.

If the claimant is a third party rather than an insured, § 627.4136(1) generally requires a covered settlement or verdict against the insured before a cause of action against the liability insurer accrues or may be maintained. This demand seeks a settlement of the claim against the insured.

Florida law also requires the claimant and representatives to act in good faith when furnishing information, making demands, setting deadlines, and trying to settle. Fla. Stat. § 624.155(5)(b)1. Please advise promptly if you believe a material fact or document is missing.

Sincerely,

Signature: [________________________________]

Name and capacity: [________________________________]

Firm or address: [________________________________]

Phone and email: [________________________________]

Enclosures: [ITEMIZE RECORDS, BILLS, PHOTOGRAPHS, REPORTS, AND OTHER EVIDENCE]

Copy to: [INSURED / CLIENT / OTHER, IF APPROPRIATE]