Demand Letter for a Slip and Fall Injury Claim

A few tips on writing a demand letter for a slip and fall injury claim, along with examples to help you get started.

At some point in your slip and fall case, you and your attorney (if you've hired one) will send a demand letter to the other side -- whether that "other side" is a property owner, an insurance company, or an attorney representing the person or business that is liable for your accident. In this article, we'll provide a snapshot of what to include in your demand letter, then show you two variations of sample demand letters in a slip and fall case, to give you an idea of what your letter should look like.

Information to Include in a Demand Letter

A demand letter serves as the informal start to the settlement negotiation process, and in it you will spell out your side of the slip and fall case, including:

  • a detailed account of how the accident happened -- where you were, what you were doing, what you saw and felt, and a thorough description of the hazard that caused you to slip and fall
  • a  synopsis of all your injuries and medical treatment associated with your slip and fall accident, from emergency room treatment through visits to your doctor and any specialists, plus any physical therapy or rehabilitative care you received
  • a summary of all lost income or other financial losses stemming from the slip and fall accident (including time missed at work because of doctor appointments)
  • a description of all other damages that resulted from the slip and fall, including your pain and suffering
  • mention of any witnesses to the slip and fall accident, or people who have knowledge of similar incidents or other specific hazards associated with the property (you might even want to identify these witnesses by name and include a summary of any written statements you have received from them), and finally
  • a demand for a certain amount of compensation (a dollar figure) that you will accept in order to settle the slip and fall case and release the other side of any liability.

Supporting Documents

You should also include any documentation that supports your claim and the details you've set out. That includes any of the following records that might be relevant (and any more you can think of):

  • photos that depict the scene, the slip/fall hazard, and your injuries
  • written statements of others who witnessed the accident or have knowledge of dangerous conditions on the property
  • medical records and bills from all doctors and other medical providers, and
  • records from your employer that show your wages and the amount of work time you missed.   

Sample Slip and Fall Demand Letters

To help you get a better sense of what a demand letter might look like in a slip and fall case -- and to give you something of a template to follow in preparing your demand letter -- below you’ll find links to two different sample demand letters for two different kinds of slip and fall cases.

Sample Demand Letter – Slip and Fall on Commercial Property - This is a sample demand letter in a slip and fall case where the fall occurred on commercial property. The victim incurred "hard injuries" requiring surgery, underwent “nontraditional” medical treatment including acupuncture, and was expected to have a long recovery period.

Sample Demand Letter – Slip and Fall Down Stairs - Here is a sample demand letter after a slip and fall accident on a staircase in a department store. The victim of this accident suffered serious injuries (a broken elbow) which required surgery and extensive physical therapy. This case also involves long-term effects of the injury, including permanent loss of mobility.

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