Pennsylvania Personal Injury Demand Letter

PERSONAL INJURY DEMAND LETTER — PENNSYLVANIA

FOR SETTLEMENT PURPOSES — EVIDENTIARY USE SUBJECT TO Pa.R.E. 408

ATTORNEY INFORMATION

Law Firm: [________________________________]

Attorney Name: [________________________________], Esq.

Pennsylvania Bar I.D. No.: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________], PA [__________]

Telephone: [________________________________]

Facsimile: [________________________________]

Email: [________________________________]

LETTER DATE AND DELIVERY

Date: [__/__/____]

Via: ☐ Certified Mail, Return Receipt Requested ☐ Email ☐ Facsimile ☐ Hand Delivery

ADDRESSEE — INSURANCE COMPANY / CLAIMS DEPARTMENT

To:

Insurance Company: [________________________________]

Claims Department / Adjuster: [________________________________]

Adjuster Direct Telephone: [________________________________]

Adjuster Email: [________________________________]

Mailing Address: [________________________________]

City, State, ZIP: [________________________________]

CLAIM INFORMATION

I. INTRODUCTION AND PURPOSE

Dear [________________________________]:

This firm represents [Client Full Name] ("Claimant") in connection with personal injuries sustained on [__/__/____] as a result of the negligence of your insured, [Insured Full Name] ("Tortfeasor"), in [City/Borough/Township], [County] County, Pennsylvania.

This letter constitutes a formal demand for settlement of the above-referenced claim. The Claimant has completed active medical treatment, and we are now in a position to present a comprehensive demand supported by medical documentation, billing records, and applicable Pennsylvania law.

If and to the extent this demand constitutes compromise negotiations concerning a claim disputed as to validity or amount, Pa.R.E. 408 limits specified uses to prove or disprove the claim's validity or amount or to impeach by contradiction. The rule preserves other-purpose use and otherwise discoverable evidence, and does not itself make this ordinary demand confidential or privileged. Nothing herein limits the damages recoverable if litigation becomes necessary.

We have been authorized by our client to resolve this claim and to negotiate a fair and reasonable settlement on [his/her] behalf.

II. FACTUAL BACKGROUND

A. Incident Description

On [__/__/____], at approximately [____] [a.m./p.m.], Claimant was [describe activity — e.g., operating a motor vehicle, walking as a pedestrian, a passenger in a vehicle, riding a bicycle] at or near [________________________________] in [City/Borough/Township], [County] County, Pennsylvania.

At that time, your insured, [Insured Full Name], was operating a [Year, Make, Model, Color] motor vehicle bearing Pennsylvania license plate number [________________________________].

[Describe the specific negligent conduct and how the incident occurred. Include directional details, traffic conditions, and sequence of events.]

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

B. Police Report and Investigation

The incident was investigated by the [________________________________] Police Department / [Municipality] Police / Pennsylvania State Police. The investigating officer was [Officer Name], Badge No. [____]. The Pennsylvania Crash Report (AA-600) was assigned Report No. [________________________________].

Police Report Findings:

• ☐ Your insured was issued a traffic citation for: [________________________________]
• ☐ Your insured was found to have violated 75 Pa. C.S. § [________________________________]
• ☐ Your insured was charged with: [________________________________]
• ☐ Witnesses were identified and statements taken
• ☐ Diagram/photographs were included in the report

C. Scene and Conditions

D. Emergency Response

• ☐ Claimant was transported by EMS/ambulance to [Hospital Name]
• ☐ Claimant was airlifted to [Trauma Center Name]
• ☐ Claimant was transported by private vehicle to [Hospital/Facility]
• ☐ Claimant was treated and released from the emergency department
• ☐ Claimant was admitted to the hospital for [____] days

III. LIABILITY ANALYSIS

A. Negligence Under Pennsylvania Law

Under Pennsylvania law, a plaintiff in a negligence action must establish: (1) a duty of care recognized by law was owed by the defendant to the plaintiff; (2) the defendant breached that duty; (3) there was a causal connection between the defendant's breach and the resulting injury; and (4) actual loss or damage resulted to the plaintiff. See Merlini v. Gallitzin Water Authority, 934 A.2d 100 (Pa. 2007).

Your insured owed a duty of care to all persons lawfully on the roadway, including the Claimant. Your insured breached this duty by:

• ☐ Driving at an unsafe speed — 75 Pa. C.S. § 3361
• ☐ Following too closely — 75 Pa. C.S. § 3310
• ☐ Failing to yield the right of way — 75 Pa. C.S. § 3321 et seq.
• ☐ Disobeying a traffic control device — 75 Pa. C.S. § 3111
• ☐ Exceeding the speed limit — 75 Pa. C.S. § 3362
• ☐ Reckless driving — 75 Pa. C.S. § 3736
• ☐ Careless driving — 75 Pa. C.S. § 3714
• ☐ Driving under the influence — 75 Pa. C.S. § 3802
• ☐ Improper lane change — 75 Pa. C.S. § 3309
• ☐ Failure to signal — 75 Pa. C.S. § 3334
• ☐ Use of interactive wireless device — 75 Pa. C.S. § 3316
• ☐ Other: [________________________________]

B. Comparative Fault — 42 Pa. C.S. § 7102

Pennsylvania applies a modified comparative negligence standard under 42 Pa. C.S. § 7102(a). A plaintiff's contributory negligence does not bar recovery so long as it is not greater than the causal negligence of the defendant or defendants against whom recovery is sought. Where it is greater, recovery is barred.

Where the plaintiff bears some fault (50% or less), damages are diminished by the percentage of causal negligence attributed to the plaintiff.

In this case, the Claimant bears zero (0%) fault for the incident. Your insured is 100% at fault. [If partial fault is acknowledged, address proportionate analysis here.]

C. Tort Option Analysis — 75 Pa. C.S. § 1705

This section applies to motor vehicle accident claims.

Pennsylvania is a choice no-fault state. The Claimant's ability to recover non-economic damages (pain and suffering) depends on the tort option elected on [his/her] auto insurance policy.

☐ Full Tort Election: The Claimant elected the Full Tort option on [his/her] auto insurance policy, Policy No. [________________________________], issued by [Insurance Company]. Under 75 Pa. C.S. § 1705(a), the Claimant has an unrestricted right to recover damages for all injuries, including pain and suffering, without meeting any injury threshold.

☐ Limited Tort Election: The Claimant elected the Limited Tort option. However, the Claimant's injuries satisfy the serious injury threshold under 75 Pa. C.S. § 1705(d), as the Claimant has sustained one or more of the following qualifying injuries:

• ☐ Death
• ☐ Serious impairment of body function
• ☐ Permanent serious disfigurement

Medical Evidence Supporting Serious Injury Exception:
Dr. [________________________________] has provided medical documentation establishing that the Claimant's injuries constitute a [serious impairment of body function / permanent serious disfigurement], specifically: [________________________________]

☐ Exceptions to Limited Tort Restriction (75 Pa. C.S. § 1705(d)(1)-(3)): Even if the Claimant elected limited tort, the restriction does NOT apply because:

• ☐ The tortfeasor was convicted of or accepted ARD for DUI (75 Pa. C.S. § 3802)
• ☐ The tortfeasor was operating a vehicle registered in another state
• ☐ The tortfeasor intentionally caused the injury
• ☐ The tortfeasor did not maintain financial responsibility required by the Motor Vehicle Financial Responsibility Law
• ☐ The Claimant was injured as an occupant of a motor vehicle other than a private passenger motor vehicle
• ☐ The claim arises from a qualifying vehicle defect caused or not corrected by a business described in § 1705(d)(2)

D. Several Liability and Listed Exceptions — Fair Share Act (42 Pa. C.S. § 7102(a.1))

Where recovery is allowed against more than one person and liability is attributed to more than one defendant, 42 Pa. C.S. § 7102(a.1) provides:

• A defendant found to be less than 60% at fault is liable only for that defendant's proportionate share of damages.
• A defendant found to be 60% or more at fault is jointly and severally liable for all damages.
• Joint and several liability also applies to intentional misrepresentation, an intentional tort, a qualifying HSCA hazardous-substance release or threatened release, and a civil action involving a violation of Liquor Code § 497.

[If multiple tortfeasors are involved, address the allocation of fault and the impact of the Fair Share Act here.]

IV. INJURIES AND MEDICAL TREATMENT

A. Nature of Injuries

As a direct and proximate result of the incident, the Claimant sustained the following injuries:

Primary Diagnoses:

• ☐ Cervical spine injury — [________________________________]
• ☐ Lumbar spine injury — [________________________________]
• ☐ Thoracic spine injury — [________________________________]
• ☐ Traumatic brain injury / Concussion — [________________________________]
• ☐ Fracture(s) — [________________________________]
• ☐ Herniated disc(s) — [________________________________]
• ☐ Disc bulge(s) / Protrusion(s) — [________________________________]
• ☐ Radiculopathy — [________________________________]
• ☐ Rotator cuff tear / Shoulder injury — [________________________________]
• ☐ Knee injury — [________________________________]
• ☐ Soft tissue injuries — [________________________________]
• ☐ Lacerations / Contusions / Abrasions — [________________________________]
• ☐ PTSD / Anxiety / Depression — [________________________________]
• ☐ Other: [________________________________]

ICD-10 Diagnostic Codes:

B. Chronological Treatment History

1. Emergency / Acute Care

2. Diagnostic Imaging

3. Specialist Consultations

4. Physical Therapy / Chiropractic / Rehabilitation

5. Injections / Procedures

6. Surgical Intervention

7. Mental Health Treatment

8. Prescription Medications

C. Current Medical Status and Prognosis

Dr. [________________________________] has opined, within a reasonable degree of medical certainty, that the Claimant's injuries are [permanent / have reached maximum medical improvement / require ongoing treatment].

Current Symptoms:

• ☐ Chronic pain in [________________________________]
• ☐ Restricted range of motion in [________________________________]
• ☐ Numbness/tingling in [________________________________]
• ☐ Headaches — frequency: [________________________________]
• ☐ Sleep disturbance
• ☐ Cognitive difficulties
• ☐ Emotional distress / Anxiety / Depression
• ☐ Other: [________________________________]

Future Medical Needs:

• ☐ Ongoing physical therapy — estimated cost: $[________] per year
• ☐ Future surgical intervention — estimated cost: $[________]
• ☐ Pain management — estimated cost: $[________] per year
• ☐ Future diagnostic imaging — estimated cost: $[________]
• ☐ Prescription medications — estimated cost: $[________] per year
• ☐ Durable medical equipment — estimated cost: $[________]
• ☐ Home health care — estimated cost: $[________]
• ☐ Life care plan has been prepared by: [________________________________]

V. DAMAGES CALCULATION

A. Economic Damages

1. Past Medical Expenses

Note: Under 75 Pa. C.S. § 1722, in motor vehicle cases, first-party medical benefits ($5,000 minimum coverage) paid by the Claimant's own auto insurer are deducted from the third-party claim and are NOT recoverable from the tortfeasor. The amounts listed above represent expenses in excess of first-party benefits or expenses not covered by first-party benefits.

2. Future Medical Expenses

3. Lost Wages — Past

Note: Under 75 Pa. C.S. § 1722, first-party work loss benefits are deducted from the third-party claim. Lost wages above represent the amount in excess of first-party work loss benefits.

Supporting Documentation: ☐ Employer verification letter ☐ Tax returns ☐ Pay stubs ☐ W-2 forms

4. Lost Earning Capacity — Future

Vocational Expert: [________________________________]

5. Other Economic Damages

B. Non-Economic Damages

Note: Pennsylvania does NOT impose any statutory cap on non-economic damages in personal injury cases.

Tort Election Consideration: Non-economic damages are recoverable without restriction if the Claimant elected Full Tort. If the Claimant elected Limited Tort, non-economic damages are recoverable only upon demonstrating a serious injury under 75 Pa. C.S. § 1705(d) or the applicability of an exception thereto.

C. Total Damages Summary

VI. INSURANCE COVERAGE ANALYSIS

A. Tortfeasor's Liability Coverage

B. Claimant's Own Coverage (First-Party)

First-Party Medical Benefits — 75 Pa. C.S. § 1711

☐ Claimant has exhausted first-party medical benefits.
☐ First-party benefits are currently being paid.

Income Loss Benefits — 75 Pa. C.S. § 1712

Tort Election Status

UM/UIM — Uninsured/Underinsured Motorist Coverage

Note: Under 75 Pa. C.S. § 1731, UM/UIM coverage is optional in Pennsylvania and may be waived in writing. Stacking of UM/UIM benefits is available unless specifically waived under 75 Pa. C.S. § 1738.

☐ UIM claim is being asserted. Tortfeasor's limits of $[________] are insufficient.
☐ UM claim is being asserted. Tortfeasor was uninsured.
☐ UM/UIM coverage was waived.

C. Additional Coverage Sources

• ☐ Umbrella / Excess Policy: $[________]
• ☐ Health insurance subrogation lien: $[________] — Carrier: [________________________________]
• ☐ Workers' compensation lien: $[________]
• ☐ Medicare/Medicaid conditional payments: $[________]
• ☐ ERISA lien: $[________]

D. Pennsylvania Minimum Insurance Requirements

Pennsylvania requires the following minimum automobile insurance (75 Pa. C.S. § 1786):

Pennsylvania is a choice no-fault state — policyholders select Full Tort or Limited Tort. Required medical benefits are included in covered policies; other first-party benefits, including income-loss coverage, depend on the coverage purchased. The tort option determines the right to recover non-economic damages from the tortfeasor.

VII. DELAY DAMAGES — Pa. R.C.P. 238

Pennsylvania does not use the traditional "prejudgment interest" framework. Instead, Pennsylvania awards delay damages under Pa. R.C.P. 238.

Key Provisions:

• At the plaintiff's request, damages for delay are added to the compensatory damages award.
• Delay damages accrue from one year after the date original process was first served until the date of the award, verdict, or decision.
• Rate: The prime rate as listed in the first edition of the Wall Street Journal published for each calendar year for which damages are awarded, plus one percent (1%), NOT compounded.
• The plaintiff must request delay damages within ten (10) days of the verdict or decision.

Defendant's Offset: A compliant written offer must remain open for at least 90 days or until trial, and delay damages are excluded for the post-offer period when the recovery, excluding delay damages, is no more than 125% of the specified sum or structured-settlement cost. A verdict merely being less than the offer is not the complete Rule 238 test.

In this case:

• Expected filing/service date: [__/__/____]
• Delay damages begin accruing from: [__/__/____] (one year after service)
• Current prime rate plus 1%: [____]%
• Estimated delay damages accrual: $[________]

The potential for delay damages at prime-plus-one creates significant ongoing exposure. A prompt and good-faith settlement offer is recommended.

VIII. PUNITIVE DAMAGES

☐ This section is applicable to this claim.

Pennsylvania does not have a statutory framework for punitive damages in ordinary personal injury cases. Punitive damages are governed by common law and may be awarded where the defendant's conduct was outrageous due to the defendant's evil motive or reckless indifference to the rights of others. See Feld v. Merriam, 506 Pa. 383 (1984); Hutchison v. Luddy, 582 Pa. 114 (2005).

There is no statutory cap on punitive damages in Pennsylvania. However, the amount must bear a reasonable relationship to the compensatory damages awarded, and constitutional due process limitations apply.

Basis for Punitive Damages Claim:
[________________________________]
[________________________________]

☐ This section is NOT applicable — Punitive damages are not being sought at this time but are reserved should evidence of outrageous conduct emerge.

IX. COLLATERAL SOURCE RULE — 75 Pa. C.S. § 1722

Pennsylvania follows the traditional collateral source rule for most tort claims: collateral source payments generally do NOT reduce damages. However, for motor vehicle accidents, an important exception applies:

Under 75 Pa. C.S. § 1722, a plaintiff in a motor vehicle case may NOT recover benefits receivable under the motor vehicle insurance act (first-party medical benefits, work loss benefits) from the tortfeasor's liability coverage. These first-party benefits are deducted from the tort recovery.

First-Party Benefit Offset:

X. SETTLEMENT DEMAND

Based upon the foregoing analysis of liability, injuries, damages, tort election, and applicable Pennsylvania law, the Claimant hereby demands the sum of:

$[________________________________]

This demand is supported by total economic damages of $[________] (net of first-party benefits under 75 Pa. C.S. § 1722) and non-economic damages of $[________] (no cap applies), and accounts for the Claimant's injuries, ongoing medical needs, and the impact on [his/her] quality of life.

Response Deadline: We respectfully request a substantive response to this demand within thirty (30) days of receipt, no later than [__/__/____].

This demand will remain open for the stated period. Failure to respond or to make a good-faith offer within the specified timeframe will result in the immediate filing of a Complaint in the Court of Common Pleas of [County] County, Pennsylvania.

XI. STATUTE OF LIMITATIONS NOTICE

42 Pa.C.S. § 5524 supplies a TWO (2) YEAR period for covered personal-injury and tort actions. The section does not itself select the date of loss as accrual; counsel must calculate accrual, discovery, tolling, party-status, and claim-specific rules from current authority and the facts.

• Date of Loss: [__/__/____]
• SOL Expiration Date: [__/__/____]

We will not permit the statute of limitations to expire pending resolution of this claim. A Complaint will be filed in advance of the expiration date regardless of the status of settlement negotiations.

XII. RESERVATION OF RIGHTS

The Claimant reserves all rights, claims, and causes of action available under Pennsylvania law, including but not limited to:

• ☐ Negligence
• ☐ Negligence per se (statutory violation)
• ☐ Reckless conduct
• ☐ Gross negligence
• ☐ Punitive damages
• ☐ Negligent entrustment
• ☐ Respondeat superior / Vicarious liability
• ☐ Dram shop liability (47 P.S. § 4-497)
• ☐ Products liability (402A Restatement (Second) of Torts)
• ☐ Premises liability
• ☐ Loss of consortium (spouse)
• ☐ Wrongful death (42 Pa. C.S. § 8301) / Survival action (42 Pa. C.S. § 8302)
• ☐ Bad faith failure to settle (42 Pa. C.S. § 8371 — first-party claims)
• ☐ Other: [________________________________]

The presentation of this demand does not constitute a waiver of any claim or right, nor does it limit the damages that may be sought in litigation.

XIII. ENCLOSED DOCUMENTS AND EXHIBITS INDEX

The following documents are enclosed with this demand for your review:

Medical Records and Bills

Other Documentation

XIV. SIGNATURE BLOCK

We trust that your review of the enclosed documentation and this demand letter will confirm the full extent of the Claimant's injuries and the reasonableness of our demand. We look forward to a prompt and fair resolution of this claim.

Should you have any questions or require additional documentation, please do not hesitate to contact our office.

Very truly yours,

[________________________________]

[________________________________], Esq.
Attorney for Claimant
Pennsylvania Bar I.D. No. [________________________________]

[Law Firm Name]
[________________________________]
[________________________________], PA [__________]
Tel: [________________________________]
Fax: [________________________________]
Email: [________________________________]

XV. SOURCES AND REFERENCES

Pennsylvania Statutes and Rules

• 42 Pa. C.S. § 7102 — Modified Comparative Fault / Fair Share Act (51% Bar; 60% J&S Threshold)
• 42 Pa. C.S. § 5524 — Statute of Limitations for Personal Injury (2 years)
• 75 Pa. C.S. § 1705 — Full Tort vs. Limited Tort Election
• 75 Pa. C.S. § 1711-1722 — Motor Vehicle Financial Responsibility Law (First-Party Benefits)
• 75 Pa. C.S. § 1722 — Preclusion of Recovery for Benefits Available (Collateral Source Offset)
• 75 Pa. C.S. § 1786 — Minimum Auto Insurance Requirements (15/30/5)
• 75 Pa. C.S. § 1731 — UM/UIM Coverage (Optional — Waivable)
• 75 Pa. C.S. § 1738 — Stacking of UM/UIM (Waivable)
• 42 Pa. C.S. § 8301 — Wrongful Death
• 42 Pa. C.S. § 8302 — Survival Action
• Pa. R.C.P. 238 — Delay Damages (Prime + 1%, from 1 year post-service)
• 42 Pa. C.S. § 8371 — Bad Faith Insurance Practices

Key Cases

• Merlini v. Gallitzin Water Authority, 934 A.2d 100 (Pa. 2007) — Elements of negligence
• Washington v. Baxter, 553 Pa. 434 (1998) — Limited tort / serious injury threshold
• Feld v. Merriam, 506 Pa. 383 (1984) — Punitive damages standard
• Hutchison v. Luddy, 582 Pa. 114 (2005) — Punitive damages standard
• Spencer v. Johnson, 249 A.3d 529 (Pa. Super. 2021) — Fair Share Act scope

This template is provided for use with legal review. It does not constitute legal advice. Have a Pennsylvania attorney review and customize it before transmission when the claim, coverage, or litigation strategy warrants legal advice.