Sample: Demand Letter in a Small Personal Injury Case

Date:

Adjuster's Name

Claim Office

City, State

Re: Our client: John Jones

Your insured: William Smith

Your claim no.: 12345678

Date of injury: July 12, 1998

Dear Mr. Adjuster:

Please accept the following letter of demand in support of our request for settlement of the above captioned matter.

LIABILITY

It is our position that liability in this matter is clear and absolute. The police report from the Johnson City Police Department confirms that on July 12, 1998 our client was operating his motor vehicle along Main Street in Johnson City. He was stopped waiting to turn left onto Congress Street when he was struck with significant force by an automobile driven by your insured. Despite the contention of Mr. Smith that my client did not have his left turn signal on, the statement of witness Susan Brown confirms that our client had his left turn signal operating just prior to the collision. The code on the police report indicates "driver inattention" on the part of your insured with "no improper driving" on the part of our client. The property damage to both vehicles and lack of skid marks would support our allegation that Mr. Smith did not even apply his brakes prior to the collision. In short, liability is clear with no comparative negligence on the part of Mr. Jones.

INJURIES

The injuries sustained by Mr. Jones are set forth in the various medical reports which have been sent to you by dates of October 12, 1998, November 5, 1998 and February 12, 1999. Dr. White states clearly that our client sustained a low back and neck strain consistent with a whiplash type injury. Objective signs such as muscle spasm support the subjective symptoms of pain, tightness, and limitation of motion. Dr. White is a well respected orthopedic physician who prescribed physical therapy for a period of approximately three months. The physical therapy notes of Therapist Alice Green confirm the same symptoms and findings of Dr. White. While the medical reports speak for themselves, it is our position that Dr. White's early characterization of a "moderate to severe sprain/strain injury" as indicated in his office note of September 1, 1998 fairly summarizes the potential medical testimony in this case. The photographs of our client's automobile would easily convince a jury that the impact of the collision was substantial enough to cause the injuries sustained by Mr. Jones.

MEDICAL BILLS

The medical bills have been forwarded to you periodically as indicated on the...