If you're making a personal injury claim after any kind of accident, looking at a sample demand letter is a great way to put together your opening settlement demand to the other party (or that party's insurance company), or to frame your best case when making a counteroffer as part of settlement negotiations.
Below you'll find several kinds of demand letters covering some common types of personal injury cases. These letters will help you to:
We are not your lawyer, and these sample letters are not a replacement for qualified legal advice. They are for illustrative purposes only. If you think you have a personal injury claim, you should consider hiring an experienced personal injury attorney. This is especially true if the facts are complicated, your injuries are serious, or there are difficult legal issues involved. An attorney can guide you through the process and help you to maximize the value of your case.
This is a sample demand letter for a simple car accident claim with minor injuries. The responsibility of the other driver isn't in doubt. The claimant has a bit more than $1,000 in medical bills, a few hundred dollars in lost wages, and minor lingering pain.
This is a sample demand letter for a car accident claim with serious injuries. The responsibility of the other driver isn't in doubt. The claimant has over $6,700 in medical bills and around $900 in lost wages. In addition, the claimant has experienced lingering effects of the collision: long-term pain and ongoing emotional distress.
This is a sample demand letter for an SUV-bicycle collision involving serious and likely permanent injuries to the bicyclist. The letter explains how the SUV driver, not the bicyclist, was at fault. The bicyclist has over $21,000 in past and future medical expenses and nearly $5,000 in lost wages. The claimant also has claims for long-term (probably permanent) pain and suffering and for ongoing emotional distress.
This is a sample demand letter for a slip-and-fall claim on privately-owned business property. The letter explains in detail the dangerous conditions that led to the claimant's fall. The claimant suffered torn knee cartilage, has medical bills exceeding $21,000, and lost $2,000 in wages.
This is a sample demand letter for a slip and fall claim on stairs in a department store. The letter details several ways that the stairs were dangerous, including two building code violations. The claimant suffered a badly broken elbow that needed surgery to repair. Along with past medical bills of almost $48,000, the claimant expects to recover future medical expenses and other damages.
Personal Injury Demand Letter—Accident Caused by Employees
This is a sample demand letter for a claimant who was hit in the face by a softball thrown or batted by a company-sponsored softball team member. The letter argues that the company itself was negligent for allowing the employees to practice softball on company property. The letter also claims that the company is responsible for the negligence of its employees under a legal theory called respondeat superior.
Once you've sent your demand letter, settlement negotiations will begin. Check out these articles to learn how the settlement "dance" works, and how to advocate for the best outcome for your personal injury case: