At some point in your slip and fall case, you and your lawyer will send a demand letter to the other side—whether that means the owner of the property where the accident happened, the property owner's liability insurance company, or an attorney representing the at-fault party. In this article, we'll provide:
- a snapshot of what to include in your slip and fall injury claim demand letter, and
- two variations of sample demand letters in a slip and fall case, to give you an idea of what your own letter should look like.
What to Include In a Demand Letter In a Slip and Fall Case
A demand letter serves as the informal start to the personal injury settlement negotiation process, and is your first real chance to spell out your side of the slip and fall case. That means you'll be including:
- a detailed account of how the slip and fall 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 the nature and extent of your injuries, and all medical treatment associated with your slip and fall accident, from emergency room care 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. Learn more about how much a slip and fall case might be worth and how much to ask for in an injury demand letter.
Supporting Documents to Include With Your Demand Letter
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 own 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. In this injury case arising from a slip and fall accident on a staircase in a department store, the claimant 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.
Get more information on how long a slip and fall claim might take, and hiring a lawyer to represent you in a slip and fall case.