Personal Injury Demand Letter Template

You can write a personal injury demand letter to kickstart settlement negotiations if you’ve been injured after an accident. Settlement negotiations can compensate you for the harm you suffered from the accident.

Use our personal injury demand sample letter to start creating personal injury demand letters. Feel free to change and edit the sample letter’s language as needed.

Table of Contents

• What Is a Personal Injury Demand Letter?
• Personal Injury Demand Letter Sample
• When Do You Need a Personal Injury Demand Letter
• What to Include in a Personal Injury Demand Letter
• What Not to Include in a Personal Injury Demand Letter
• How to Write a Personal Injury Demand Letter
• Frequently Asked Questions

What Is a Personal Injury Demand Letter?

A personal injury demand letter attempts to end a lawsuit and avoid going to trial by asking the at-fault party and their insurance party to pay for a reasonable settlement amount. This document is also called a demand letter or settlement demand letter.

You can use demand letters to:

• Establish your opening settlement demand to the at-fault party 
• Frame your best case when making a counteroffer during settlement negotiations. 

Although it’s possible to write and file an effective personal injury demand letter yourself, we recommend getting an experienced attorney to file one on your behalf. That’s because insurance adjusters don’t have your best interests in mind. As such, they can easily convince you to accept a lowball settlement amount. 

An experienced personal injury attorney can negotiate with insurance adjustors and secure a fair settlement amount.

Personal Injury Demand Letter Sample

Download our demand letter template to start a personal injury claim.

When Do You Need a Personal Injury Demand Letter

You need a personal injury demand letter whenever you are faced with recovering settlement damages after an accident. Here are some common scenarios that require you to write your demand letter:

• Car accidents
• Bicycle accidents 
• Slip and fall accidents 
• Stair accidents
• Accidents caused by employees
• Dog bite injuries

What to Include in a Personal Injury Demand Letter

The contents of personal injury demand letters vary depending on your case. However, most personal injury demand letters include the following:

1. The Parties

All personal injury demand letters must specify the parties involved in the accident, insurers included. You should also have the at-fault party’s insurance policy number. After identifying the parties, you should summarize the letter’s purpose with one or two sentences.

Structured in this way, your letter will:

• Demonstrate that you know who was at fault
• Provide the other party or parties your contact information so they can respond
• Show the other party or parties that you are taking serious action to recover damages

Here’s what this part of the letter could look like:

2. The Circumstances of the Injury

Once you’ve established the parties, outline the circumstances of your injuries. Explain how the accident happened and how you were injured.

Here’s what this section could look like in your letter:

3. An Account of the Damages and Injuries

Next, detail the injuries and damages you suffered due to the accident.

To maximize settlement amounts, you should describe the following:

• All of your emotional and physical injuries
• All of the treatments you’ve received
• Long-term or permanent injuries, such as arthritis, permanent stiffness, or disfigurement

Highlight the length and difficulty of your recovery, your pain and suffering, and any other adverse effects your injuries have had on your lifestyle, such as emotional distress. Remember to back up your claims with medical records from your doctor.

Here’s what this part of the letter could look like:

4. Compensation Amount

Finally, it would be best to outline the compensation you deserve in your personal injury claim. You can determine your compensation amount by adding your economic and non-economic damages. 

You can calculate economic damages by looking at your pay stubs, medical bills, and pharmacy charges. As for non-economic damages, there’s no single way to quantify them. 

However, most personal injury attorneys and insurance adjusters use multiple medical expenses to determine non-economic damages. A typical noneconomic damages multiplier is two or three, but your attorney may use a higher multiple if your injuries are permanent and severe.

To continue from the previous example, your lawyer would probably multiply your medical expenses ($30,000) by three since your injuries were not particularly severe for a car crash. This would mean your non-economic damages are $90,000. Your total compensation amount would thus be $120,000.

What Not to Include in a Personal Injury Demand Letter

A personal injury demand letter is an official document. As a result, you must avoid the following when writing it:

Disparaging or Threatening Language

It’s normal to feel frustrated and wronged after an accident. 

However, creating a negative mood will decrease your chances of reaching a reasonable settlement. Remember, the letter aims to show the at-fault party and their insurance company that you are serious about recovering damages.

It also gives them a chance to consider their legal choices. 

Also, remember that the judge will read your personal injury demand letter if the dispute goes to trial. You are unlikely to recover total damages if the judge perceives you as antagonistic.

Details in the Accident Description That Imply or State Responsibility for the Accident

If you include these details, the at-fault party’s lawyer will focus on them and try to paint you as the responsible party. This will happen even if your role is minor.

Too Many Details

The description of the accident should not be too detailed. The more complex it is, your letter will likely conflict with the police report and your subsequent and earlier statements.

The opposing lawyer will use these inconsistencies to prove you cannot be trusted.

Unreasonable Compensation Demands

Insurance companies often consider unreasonable compensation demands unserious offers to settle personal injury cases. As a result, the insurance company may be less willing to negotiate out of court.

How to Write a Personal Injury Demand Letter

You now know what to include and what not to include in a personal injury demand letter. Follow these steps to write an effective personal injury demand letter:

1. Start from a Personal Injury Demand Letter Sample

The best way to write a personal injury demand settlement letter is to start from a sample letter or template. Alternatively, our document builder allows you to create your demand letter by simply answering a few questions.  

2. Introduce and Date the Letter

Add your full name on the form and date the document. If your attorney writes this for you, they will write their name instead. They will mention your name and their relationship with you in the body of the letter.

3. Talk About Your Injuries

Next, explain how the accident caused your injuries and what injuries you sustained. As mentioned in the “What to Include on a Personal Injury Demand Letter” section above, you should be specific and concise.

Consider attaching and referencing photos and doctor’s reports to substantiate your claims.

4. Establish the Compensation Amount

List the current, past, and future economic and non-economic damages you deserve. Then, advise the recipient of the letter that there is an opportunity for the at-fault party to settle for your proposed settlement account.

5. Send the Letter Through Certified Mail

Finally, you should send the personal injury demand letter through certified mail and request a return receipt. That way, you will have proof that the letter was received and delivered.

Frequently Asked Questions