DEMAND FOR SETTLEMENT - PROFESSIONAL MALPRACTICE

STATE OF CONNECTICUT

[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Connecticut ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Connecticut

DATE: [Date]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL

[Professional's Name or Firm]
[Professional Liability Insurance Carrier]
[Street Address]
[City, State ZIP]

RE: PROFESSIONAL MALPRACTICE CLAIM - SETTLEMENT DEMAND
Claimant: [Client Full Name]
Date(s) of Negligent Services: [Date or Date Range]
Professional(s): [Professional Name(s)]
Type of Professional: [Attorney/CPA/Architect/Engineer]
Claim Number: [If assigned]

Dear [Recipient Name]:

This firm represents [Client Name] in connection with the professional malpractice committed by [Professional Name] during the provision of [legal/accounting/architectural/engineering] services. This letter constitutes formal notice of our client's claim and our demand for settlement.

I. CONNECTICUT-SPECIFIC LEGAL FRAMEWORK

A. Governing Law

This claim is governed by Connecticut common law principles of professional negligence and the Connecticut General Statutes.

B. Statute of Limitations

General Tort/Malpractice: Under C.G.S. Section 52-577, the statute of limitations for tort actions is three (3) years from the date of the act or omission complained of.

Negligence Actions: Under C.G.S. Section 52-584, actions to recover damages for personal injury caused by negligence must be brought within two (2) years from the date when injury is first sustained.

Discovery Rule: Connecticut applies the discovery rule to professional malpractice claims. The limitations period begins when the plaintiff discovers or should have discovered the injury. Fichera v. Mine Hill Corp., 207 Conn. 204 (1988).

Continuing Course of Conduct: The limitations period may be tolled during a continuing course of professional services. Blanchette v. Barrett, 229 Conn. 256 (1994).

Design Professionals - Statute of Repose: Under C.G.S. Section 52-584a, claims against architects and engineers must be brought within 7 years after substantial completion.

Relevant Dates in This Matter:
- Date(s) of negligent services: [Date(s)]
- Date of discovery: [Date]
- Limitations period expires: [Date]

C. Comparative Fault

Connecticut follows modified comparative fault (50% bar) under C.G.S. Section 52-572h. A plaintiff's recovery is reduced by their percentage of negligence. If the plaintiff's negligence is greater than the combined negligence of all defendants, the plaintiff is barred from recovery.

Our investigation establishes that our client bears no fault for the damages caused by the defendant's professional negligence.

D. Standard of Care Under Connecticut Law

Under Connecticut law, a professional must exercise that degree of care, skill, and diligence which professionals in the same field ordinarily exercise under like circumstances.

Attorney Standard: An attorney is required to possess and exercise the skill and knowledge which is ordinarily possessed and exercised by attorneys in the community. Grimm v. Fox, 303 Conn. 322 (2012).

Accountant Standard: An accountant must exercise the degree of skill and care that a reasonably competent accountant would exercise under similar circumstances.

Architect/Engineer Standard: Design professionals must exercise ordinary skill and competence of members of their profession. Klein v. Chatfield, 166 Conn. 76 (1974).

E. Certificate of Merit/Good Faith Certificate

Under C.G.S. Section 52-190a, the complaint in a professional malpractice action must be accompanied by a written opinion letter from a similar health care provider or qualified expert:
- For legal malpractice, an opinion from an attorney practicing in the same area
- The opinion must state there appears to be evidence of negligence

Note: While this statute primarily applies to medical malpractice, Connecticut courts have applied similar requirements to other professional malpractice claims.

F. Expert Witness Requirements

Expert testimony is generally required to establish the standard of care and breach in professional malpractice cases. Davis v. Margolis, 215 Conn. 408 (1990).

Exception: Expert testimony is not required where the professional's conduct was so obviously negligent that a layperson could evaluate it.

Certification: We have retained a qualified expert who has reviewed the relevant materials and concluded that the applicable standard of care was breached.

G. Damage Caps

Connecticut does not impose statutory caps on compensatory damages in professional malpractice cases.

II. PRESERVATION OF EVIDENCE - LITIGATION HOLD

YOU ARE HEREBY DIRECTED TO PRESERVE ALL EVIDENCE relating to the professional services provided to [Client Name], including but not limited to:

• Complete client files (paper and electronic)
• All drafts and working papers
• Correspondence (including emails, texts, and messages)
• Engagement letters and fee agreements
• Time records and billing statements
• Internal memoranda and notes
• Professional liability insurance policies
• [For Attorneys:] Case files, pleadings, research memoranda
• [For Accountants:] Work papers, tax returns, financial statements
• [For Architects/Engineers:] Drawings, specifications, calculations, project files

Modification, destruction, or concealment of any records will result in claims for spoliation and sanctions.

III. FACTUAL BACKGROUND

A. Professional Engagement

[Client Name] engaged [Professional Name/Firm] on or about [Date] to provide [type of professional services]:

Scope of Engagement:
- [Describe the scope of professional services]
- [Objectives or goals of the engagement]

Professional Relationship:
- Engagement date: [Date]
- [If applicable:] Termination date: [Date]
- Fee arrangement: [Hourly/Fixed/Contingency]

B. Chronology of Events

[Date]: [Describe what occurred]

[Date]: [Describe what occurred]

C. The Professional Error(s)

[Describe specifically what the professional(s) did wrong]

D. Discovery of Malpractice

Our client [did not discover / could not have reasonably discovered] the malpractice until [Date], when [describe discovery circumstances].

IV. ELEMENTS OF PROFESSIONAL MALPRACTICE

Under Connecticut law, a plaintiff must establish:

A. Duty (Professional Relationship)

[Professional Name] owed a duty of care to [Client Name] arising from the professional relationship established on [Date].

B. Breach of the Standard of Care

Applicable Standard: [Professional Name] was required to exercise that degree of care, skill, and diligence which professionals in the same field ordinarily exercise.

Based on our expert's analysis, the applicable standard of care required [Professional] to:

1. [Standard 1]
2. [Standard 2]
3. [Standard 3]

Breaches:

Breach 1: [Detailed description]

Breach 2: [Detailed description]

C. Causation

Proximate Cause: But for [Professional Name]'s breach of the standard of care, [Client Name] would not have suffered the damages described herein.

Legal Malpractice - Case Within a Case: [If applicable:] Had [Attorney Name] properly handled the matter, our client would have [obtained a favorable judgment / avoided liability]. Grimm v. Fox, 303 Conn. 322 (2012).

D. Damages

As a direct and proximate result of the malpractice, [Client Name] has suffered the damages set forth below.

V. EXPERT OPINION

We have retained [Expert Name], a [licensed attorney/CPA/architect/licensed professional engineer] with [number] years of experience. [Expert Name] has concluded that:

1. [Professional Name] breached the applicable standard of care;
2. These breaches were a proximate cause of [Client Name]'s damages; and
3. Had appropriate professional services been rendered, [describe avoided outcome].

VI. DAMAGES

A. Direct Financial Losses

B. Consequential Damages

C. Summary of Damages

VII. SETTLEMENT DEMAND

Based upon the clear breach of the standard of care and the substantial damages incurred, we hereby demand:

$[DEMAND AMOUNT]

This demand will remain open for thirty (30) days from the date of this letter, expiring at 5:00 p.m. Eastern Time on [Expiration Date].

VIII. INSURANCE INFORMATION REQUEST

Please provide within ten (10) days:

1. All professional liability insurance policies applicable to this claim
2. Policy limits for each applicable policy
3. Any deductible or self-insured retention amounts

IX. DOCUMENTATION ENCLOSED

• Engagement letter and correspondence
• Documents evidencing the professional's work
• Documents evidencing damages
• Expert curriculum vitae

X. CONCLUSION

This case presents clear professional malpractice that caused significant financial harm to our client. We are prepared to litigate this matter through trial in the Connecticut Superior Court if necessary.

Please respond by the deadline stated above.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Connecticut Bar No. [Number]
Attorney for [Client Name]

ENCLOSURES: As noted above

cc: [Client Name]
File

CONNECTICUT PROFESSIONAL MALPRACTICE PRACTICE NOTES

• Modified Comparative Fault (50% Bar): Plaintiff barred if fault is greater than combined negligence of defendants.

• Good Faith Certificate: C.G.S. Section 52-190a may require opinion letter with complaint.

• Discovery Rule Applies: Limitations period runs from discovery of the injury.

• Continuing Course of Conduct Tolling: Limitations may be tolled during continuing professional services.

• Design Professional Repose: 7-year statute of repose under C.G.S. Section 52-584a.

• Expert Testimony Required: Essential for establishing standard of care.

• Case Within a Case: In legal malpractice, must prove the underlying case would have been successful.

• Venue: Proper in judicial district where defendant resides or where cause of action arose.

This template is specific to Connecticut law. Always verify current law and consult with qualified Connecticut counsel.