CONFIDENTIAL SETTLEMENT DEMAND LETTER
(Prepared for Attorney Customization – Universal / Choice-of-Law Template)
Notice: This communication is made solely for the purpose of compromise negotiations and is therefore inadmissible under Fed. R. Evid. 408 and all analogous state evidentiary rules. No admissions of fact or liability are intended hereby.
TABLE OF CONTENTS
- Document Header
- Recitals
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
[// GUIDANCE: The traditional “contract-style” architecture has been preserved for uniformity with your document management system. Sections that are atypical for a settlement demand letter (e.g., “Covenants & Restrictions”) have been tailored for letter-specific content or, where irrelevant, intentionally omitted or marked “Reserved.”]
1. DOCUMENT HEADER
Date: [DATE]
Via: [Certified Mail No. ____] and [Email]
To: [Opposing Counsel Name], Esq.
[Law Firm Name]
[Street Address]
[City, State ZIP]
From: [Your Name], Esq.
[Law Firm Name]
[Street Address]
[City, State ZIP]
Counsel for [CLIENT NAME] (“Client”)
Re: Settlement Demand – [Claim Description / Incident Date]
2. RECITALS
A. Incident. On [INCIDENT DATE], an event occurred at [LOCATION] involving [OPPOSING PARTY NAME] (“You” or “Your Client”) that caused substantial [bodily injury/property damage/financial loss] to Client.
B. Liability. Preliminary investigation, documentary evidence, and witness statements establish Your Client’s negligence, vicarious liability, and statutory violations, including but not limited to [e.g., Occupational Safety & Health Act, 29 U.S.C. § 651 et seq.] (if applicable and certain).
C. Purpose. The parties desire to explore early resolution to avoid protracted litigation, attendant expenses, and business disruption.
3. DEFINITIONS
For purposes of this Demand Letter:
“Applicable Law” means the substantive law of [Governing Law State/Country], without regard to its conflict-of-laws rules, except where federal law is controlling.
“Claim” means any and all causes of action, whether now known or later discovered, arising out of or relating to the Incident, including negligence, gross negligence, statutory violations, and any derivative or successor claims.
“Damages” means all legally recoverable losses, including but not limited to special damages, general damages, punitive/exemplary damages where permitted, pre- and post-judgment interest, attorneys’ fees, costs, and expenses.
“Demand Amount” means the sum of US $[____] in full and final settlement of the Claim, subject to the terms herein.
4. OPERATIVE PROVISIONS
4.1 Settlement Demand. Client hereby demands payment of the Demand Amount within [30] calendar days of Your receipt of this letter.
4.2 Basis of Damages
a. Economic Damages – $[_] (medical bills, lost wages, property damage, etc.).
b. Non-Economic Damages – $[_] (pain, suffering, emotional distress).
c. Future Damages – $[_] (projected medical care, diminished earning capacity).
d. Punitive/Exemplary Damages – $[_] (if applicable under Applicable Law).
4.3 Documentation. Enclosed please find:
• Medical records and billing statements (Ex. A)
• Expert damage calculations (Ex. B)
• Witness affidavits (Ex. C)
• Photographs and video evidence (Ex. D)
[// GUIDANCE: List exhibits actually provided. Omit any privileged work-product analyses.]
4.4 Confidentiality Proposal. Settlement shall include a mutual non-disparagement and confidentiality clause, except as required by court order or governmental inquiry.
4.5 Tax Allocation. The parties shall collaborate in good faith to allocate settlement proceeds consistent with IRS guidelines (e.g., I.R.C. § 104). Client makes no representations regarding tax treatment; You should obtain independent tax advice.
4.6 Conditions Precedent. Settlement is conditioned upon:
a. Receipt of cleared funds by the deadline in § 4.1; and
b. Execution of a mutually satisfactory Release Agreement.
5. REPRESENTATIONS & WARRANTIES
5.1 Authority. You represent that You have been duly authorized to negotiate and, upon acceptance, bind Your Client to the settlement.
5.2 No Assignment. Client warrants that it has not assigned or transferred the Claim to any third party.
5.3 Complete Information. The factual statements herein are based on current information; Client reserves the right to amend the Demand upon discovery of additional facts.
[// GUIDANCE: Survival and materiality qualifiers typically found in contracts are unnecessary for a demand letter but may be incorporated into the eventual Release Agreement.]
6. COVENANTS & RESTRICTIONS (Reserved for Future Release Agreement)
7. DEFAULT & REMEDIES
7.1 Failure to Timely Pay. If You fail to satisfy the Demand Amount by the deadline, Client will:
a. Initiate litigation in [Chosen Forum], seeking the full measure of Damages plus pre-judgment interest, attorneys’ fees, and costs; and
b. Pursue all lawful remedies, including punitive damages and prejudgment attachment where available.
7.2 Document Preservation. You are hereby placed on notice to implement an immediate litigation hold on all relevant evidence, including ESI, pursuant to Fed. R. Civ. P. 37(e) and analogous state rules. Spoliation remedies will be sought for any failures.
8. RISK ALLOCATION
8.1 Indemnification & Contribution. Upon litigation, Client intends to pursue all equitable indemnity, contribution, and joint-and-several liability theories permitted under Applicable Law.
8.2 Insurance Disclosure. Please provide copies of all applicable liability insurance policies under Fed. R. Civ. P. 26(a)(1)(A)(iv) (or state equivalent) to facilitate resolution.
9. DISPUTE RESOLUTION
In the interest of efficiency, Client is willing to engage in non-binding mediation before a mutually acceptable neutral within [60] days of Your written acceptance of this section; however, the mediation process will not toll the payment deadline in § 4.1 absent a signed tolling agreement.
10. GENERAL PROVISIONS
10.1 Governing Law. This Demand Letter and any resulting settlement shall be governed by [Applicable Law].
10.2 No Waiver. Client’s willingness to negotiate shall not constitute a waiver of any right or remedy.
10.3 Reservation of Rights. All rights, claims, and causes of action are expressly reserved until a definitive settlement agreement is fully executed and funded.
10.4 Counterparts & Electronic Signatures. Any acceptance of this Demand may be executed in counterparts and by electronic signature, each deemed an original.
10.5 Entire Communication. This letter embodies the entire settlement proposal and supersedes all prior verbal or written communications regarding the Claim.
11. EXECUTION BLOCK
Please indicate acceptance of the foregoing terms by executing below and returning a copy via email and certified mail no later than [TIME] p.m. [Time Zone] on [DATE].
| Accepted and Agreed | Date |
|---|---|
| ________ [OPPOSING PARTY NAME] |
______ |
| By: ____ Title: _______ |
Respectfully submitted,
[YOUR NAME], Esq.
[Law Firm Name]
Counsel for [CLIENT NAME]
[// GUIDANCE:
1. Replace bracketed placeholders with client-specific data.
2. Verify all factual assertions and damage calculations.
3. Attach supporting exhibits.
4. Confirm evidentiary privilege markings (e.g., “Confidential – Settlement Negotiations”).
5. Adjust deadlines to comply with any statutory notice requirements (e.g., municipal tort claim statutes).]