Legal Templates

Free Personal Injury Demand Letter Template

Use our free demand letter template to claim compensation for the harm suffered as a result of the accident.

Published February 2, 2023 | Legally reviewed by Brooke Davis

If you’ve been injured after an accident, you can write a personal injury demand letter to kickstart settlement negotiations. Settlement negotiations can compensate you for the harm you suffered as a result of 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?

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 by 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.

personal injury payment demand letter

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 own 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:

1. The Parties

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

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 as a result of the accident.

To maximize settlement amounts, you should describe:

  • 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 negative 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, you should outline the compensation you deserve in your personal injury claim. You can determine your compensation amount by adding your economic and non-economic damages together. 

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 purpose of the letter is to show the at-fault party and their insurance company that you are serious about recovering damages. It also gives them the chance to consider their legal choices. 

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

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 was minor.

Too Many Details

The description of the accident should not be too detailed. The more detailed it is, the more likely your letter will conflict with the police report and your subsequent and earlier statements. The opposing lawyer will use these inconsistencies as proof that you cannot be trusted.

Unreasonable Compensation Demands

Insurance companies often take unreasonable compensation demands as unserious offers to settle the personal injury case. 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 own 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 is writing this for you, they will write their own 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.

Personal Injury Demand Letter FAQs

When Should I Send My Personal Injury Demand Letter

You should send your personal injury demand letter well before your state’s statute of limitations begins. 

In personal injury, a statute of limitations is a law that sets the maximum time that parties have to start legal proceedings. The statute of limitations varies depending on your state and the type of accident, but it is usually two years from the date of the accident that caused your injuries.

How Long After a Demand Letter Does Settlement Take?

There is no set timeline for settlement cases. Once you send your personal injury demand letter to the at-fault party, the at-fault party will control how fast the claim moves. 

If the at-fault party agrees with your settlement, which is unlikely, they may send you a settlement check within several days. However, if they don’t agree with the terms of your offer, which is much more likely, the at-fault party may take weeks or months to accept. They may also:

  • Deny your offer. The at-fault party’s adjuster may tell you that the insurance policy involved does not cover your accident or that the insured’s policy limits do not cover your demand. The adjuster may also say that you, not the insured, are responsible for the accident. If you feel you were wrongly denied, contact your state’s insurance department.
  • Respond with an offer. The at-fault party’s adjuster may respond with an offer. You can accept their offer or respond with a counteroffer until you and the other side reach a settlement.
  • Request evidence. The at-fault party’s adjuster may request to see evidence of the accident and your injuries. For instance, an adjuster may request the names of witnesses you mentioned in your demand letter. They may also request medical reports, medical records, and independent medical examinations.

How Much Should I Ask for in a Demand Letter?

That depends on the damages you’ve suffered. As a general rule, you should ask for 75% to 100% more than your total damages. If you start too low, the insurance company will probably respond with something even lower.

What If I Don’t Get a Response to My Demand Letter?

If you do not receive a response to your demand letter, you should send one final demand letter. This is typically a short and sharp letter that includes your previous letter as an attachment and gives the party more time to comply with the demand.

If the recipient does not respond to the final demand letter, your next course of action is to file a lawsuit. Your attorney will walk you through the process of filing a personal injury lawsuit.

Start Writing Your Personal Injury Demand Letter Today

A personal injury demand letter can help you get fair compensation after an accident. Use LegalTemplates’ personal injury demand letter builder to start writing one.

 

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