Settlement Demand Letter (Florida)

SETTLEMENT DEMAND LETTER - FLORIDA

Pre-suit or mid-litigation settlement demand drafted under Florida law, addressing Fla. Stat. § 90.408 evidentiary limits, preserving the right to serve a formal Proposal for Settlement under Fla. Stat. § 768.79 / Fla. R. Civ. P. 1.442, and (where applicable) satisfying insurer bad-faith notice obligations under Fla. Stat. § 624.155.

[LAW FIRM LETTERHEAD]
[Attorney Name, Florida Bar No. ________________]
[Street Address]
[City, Florida, ZIP]
Telephone: [(___) ___-____]
Email: [________________________________]

EVIDENTIARY-USE NOTICE. If and to the extent this letter constitutes negotiations to compromise a claim disputed as to validity or amount, Fla. Stat. § 90.408 makes the offer and relevant negotiation conduct or statements inadmissible to prove liability, absence of liability, or the claim's value. The statute does not itself make this letter confidential or privileged. All rights, remedies, and defenses are reserved.

VIA EMAIL AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED

[__/__/____]

[Opposing Counsel Name], Esq.
[Law Firm Name]
[Street Address]
[City, State ZIP]
Email: [________________________________]

[If no counsel:]
[Party Name]
[Address]

Re: [Caption / Case Name or Matter Description]
Case No.: [________________________________] (if filed)
Claimant: [CLIENT NAME]
Respondent: [OPPOSING PARTY NAME]

Dear [________________________________]:

This firm represents [CLIENT LEGAL NAME] ("Claimant") in connection with the claims arising from the events of [__/__/____]. After substantial factual development and legal analysis, Claimant is prepared to resolve this matter on the terms set forth below, provided that acceptance is communicated in writing on or before [__/__/____] (the "Offer Deadline").

I. FACTUAL SUMMARY

[Provide concise factual narrative: who, what, when, where, how, and damage consequences. Reference key exhibits. Be persuasive but accurate; this summary may later be used to demonstrate the reasonableness of a Proposal for Settlement under Fla. Stat. § 768.79 in any fee-shifting analysis.]

Key Facts:

• Date of Incident/Breach/Loss: [__/__/____]
• Location: [________________________________], [County] County, Florida
• Parties Involved: [________________________________]
• Nature of Harm: [________________________________]
• Witnesses: [________________________________]

II. LIABILITY ANALYSIS UNDER FLORIDA LAW

Claimant's position on liability is well-supported under Florida law. Without prejudice to Claimant's ability to assert additional theories, Claimant asserts the following causes of action:

A. [Primary Claim - e.g., Negligence]

Under Florida's general negligence framework, Claimant must establish (1) duty, (2) breach, (3) causation, and (4) damages. Clay Elec. Coop., Inc. v. Johnson, 873 So. 2d 1182 (Fla. 2003).

• Duty: [Analysis]
• Breach: [Analysis]
• Causation: [Analysis - including proximate cause under McCain v. Florida Power Corp., 593 So. 2d 500 (Fla. 1992)]
• Damages: [Analysis]

Comparative Fault. Under Fla. Stat. § 768.81, Florida is a modified comparative negligence jurisdiction. As amended by the 2023 tort reform legislation (HB 837), a plaintiff more than 50% at fault may not recover in a negligence action (with exceptions for medical negligence). Claimant's liability exposure is minimal given the facts.

B. [Additional Claims]

• Breach of contract (5-year SOL, Fla. Stat. § 95.11(2)(b))
• FDUTPA violation (Fla. Stat. § 501.204; attorney's fees under § 501.2105)
• Negligence per se based on statutory duty
• [Other applicable Florida claims]

C. Statute of Limitations

Claimant's claims are timely under Fla. Stat. § 95.11. The applicable limitations periods are:

III. DAMAGES

Claimant has incurred the following damages, all of which are recoverable under Florida law:

A. Economic Damages

B. Non-Economic Damages

• Pain and suffering: $[____________]
• Mental anguish: $[____________]
• Loss of capacity for enjoyment of life: $[____________]
• Loss of consortium (if applicable): $[____________]

C. HB 837 (2023) Damages Considerations

Claimant acknowledges the 2023 Florida tort reform (HB 837) and its revisions to Fla. Stat. § 768.0427 limiting recovery of medical expenses to amounts "actually paid" by health insurance plus the portion necessary to satisfy charges, with certain presumptions for LOP (letters of protection) cases. Claimant's demand is calibrated to this framework.

D. Punitive Damages (If Applicable)

Under Fla. Stat. § 768.72, punitive damages are available upon a showing of intentional misconduct or gross negligence by clear and convincing evidence. Fla. Stat. § 768.73 caps punitive damages at the greater of three times (3x) compensatory damages or $500,000 (or $2 million for "intentional harm" situations, per § 768.73(1)(b)).

Claimant believes the facts support punitive damages because: [analysis].

E. Attorney's Fees and Costs

Claimant's fee entitlement under:

• FDUTPA, Fla. Stat. § 501.2105 (prevailing party)
• Contractual fee provisions, as reciprocalized by Fla. Stat. § 57.105(7)
• Fla. Stat. § 624.155 (if insurance bad-faith)
• Statutory fee-shifting provisions specific to claim type
• Fla. Stat. § 768.79 proposal for settlement (discussed below)

F. Total Demand

TOTAL SETTLEMENT DEMAND: $[____________]

IV. SETTLEMENT OFFER

Claimant hereby offers to resolve all claims arising from the matter described above in exchange for:

1. Payment of $[____________] (the "Settlement Amount"), payable by [wire/check] to [Claimant's Trust Account] within [____] days of a fully executed settlement agreement;

2. Mutual general release of all claims, known and unknown, arising from the subject matter, except that Claimant's release shall not extend to claims for breach of the settlement agreement itself or to any unrelated matters;

3. Confidentiality of the settlement terms, subject to disclosure to attorneys, accountants, tax advisors, family, and as compelled by law;

4. Non-disparagement provision (mutual);

5. Dismissal with prejudice of any pending litigation upon receipt of the Settlement Amount;

6. No admission of liability by either party;

7. Choice of law and venue - Florida law governs the settlement agreement, with exclusive venue in [________________________________] County, Florida;

8. Mediation of any dispute regarding interpretation of the settlement agreement (Fla. Stat. Ch. 44 - Mediation Alternatives to Judicial Action);

9. [Other specific terms, e.g., structured payment, 1099 treatment, Medicare/Medicaid reporting compliance, lien satisfaction].

V. DEADLINE AND PROPOSAL FOR SETTLEMENT WARNING

This offer expires at 5:00 p.m. Eastern on [__/__/____]. Claimant reserves the right to withdraw this offer at any time before acceptance.

WARNING REGARDING FLA. STAT. § 768.79: If this matter is not resolved and litigation is commenced (or continues), Claimant intends to serve a formal Proposal for Settlement pursuant to Fla. Stat. § 768.79 and Fla. R. Civ. P. 1.442. Rejection of the proposal may expose your client to substantial fee-shifting liability. Under § 768.79:

• If Claimant (as plaintiff) serves a proposal that is rejected, and Claimant obtains a judgment that is 25% or more greater than the proposal, Claimant is entitled to recover all reasonable attorney's fees and costs incurred from the date of the proposal through the date of judgment.
• If the defendant serves a proposal that is rejected, and the plaintiff obtains a judgment that is 25% or more less favorable than the proposal (or no judgment), the defendant recovers all reasonable attorney's fees and costs from the date of proposal.
• Proposal for settlement under § 768.79 is considered the most powerful fee-shifting mechanism in Florida civil litigation. Your client should carefully evaluate the economic risks before rejecting.

VI. INSURANCE BAD FAITH NOTICE (If Against Insurer)

If this demand is directed to an insurance carrier in a first-party or third-party claim, this demand does not itself constitute the Department-provided Civil Remedy Notice required by Fla. Stat. § 624.155(3). If pursuing the statutory remedy, file the current Department form with the required specificity and separately document when the insurer receives the Department's notice.

• No statutory action lies if, within sixty (60) days after receiving notice from the Department, the insurer pays the damages or corrects the circumstances giving rise to the violation.
• Cure-period expiration alone does not establish a violation, damages, or punitive-damages entitlement.
• A formal CRN will be filed with the Florida Department of Financial Services on its current form, as required by § 624.155(3)(a)-(b).

PIP Demand Notice (If Automobile PIP Claim). If this matter involves personal injury protection ("PIP") benefits under Fla. Stat. § 627.736, this letter constitutes the pre-suit demand letter required by § 627.736(10), demanding payment within 30 days.

VII. MEDIATION OFFER

Claimant is willing to mediate this matter promptly. Florida law strongly favors mediation as a dispute resolution tool (Fla. Stat. Ch. 44, Florida Rules for Certified and Court-Appointed Mediators, Fla. R. Civ. P. 1.700-1.730). Claimant proposes mediation before [mediator name] or another mutually agreeable Florida Supreme Court Certified Circuit Civil Mediator within thirty (30) days.

VIII. ATTORNEY'S COMMUNICATIONS PRIVILEGE

Section 90.408 limits specified evidentiary uses of qualifying compromise negotiations but does not itself create confidentiality or privilege. If communications occur during a mediation as defined by Florida law, Fla. Stat. § 44.405 separately provides confidentiality and testimonial privilege, subject to its stated exceptions. Any additional confidentiality obligation should be set out in an enforceable agreement.

IX. PRESERVATION OF RIGHTS

Nothing in this letter constitutes:

• A waiver of any claim, defense, or right;
• An admission of any fact or liability;
• A stipulation as to damages, causation, or liability;
• Consent to any particular forum beyond Florida courts; or
• A binding offer unless and until acceptance is properly communicated and a written settlement agreement is executed by authorized representatives.

Claimant expressly reserves the right to file suit at any time, including before the Offer Deadline, to protect statutory, contractual, or common-law rights.

If you wish to discuss this matter, please contact me at [phone] or [email] before the Offer Deadline. I look forward to your response.

Sincerely,

[________________________________]
[Attorney Name]
Florida Bar No. [________________]
Attorney for [CLAIMANT NAME]

Enclosures:

• Medical Records and Bills (if personal injury)
• Documentary Evidence of Damages
• Expert Reports (as appropriate)
• Draft Settlement Agreement and Release

Sources and References

• Fla. Stat. § 90.408 - Compromise and offers to compromise
• Fla. Stat. § 768.79 - Proposal for settlement / offer of judgment
• Fla. R. Civ. P. 1.442 - Proposals for settlement
• Fla. Stat. § 768.72-768.73 - Punitive damages
• Fla. Stat. § 768.81 - Comparative fault (modified comparative negligence after HB 837, 2023)
• Fla. Stat. § 768.0427 - Medical damages (HB 837)
• Fla. Stat. Ch. 44 - Mediation alternatives to judicial action
• Fla. Stat. § 44.405 - Mediation confidentiality and privilege
• Fla. Stat. § 624.155 - Civil remedy (insurance bad faith)
• Fla. Stat. § 627.736 - PIP coverage and 30-day pre-suit demand
• Fla. Stat. § 501.2105 - FDUTPA fees
• Fla. Stat. § 57.105(7) - Reciprocal fees
• Fla. Stat. § 95.11 - Statutes of limitations
• Clay Elec. Coop., Inc. v. Johnson, 873 So. 2d 1182 (Fla. 2003)
• McCain v. Florida Power Corp., 593 So. 2d 500 (Fla. 1992)