A demand letter is the first step for a victim of a slip and fall accident to get fairly compensated for their injuries. The demand letter serves to notify the person that caused the injury (or their insurance company) how much it will take to satisfy the victim’s claim.
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Slip and fall injuries happen in various ways, like slipping on a spill, tripping on a loose tile, or a crack in the floor. They can happen in gyms, restaurants, and apartment buildings, to name just a few. In these cases, the owner or manager of the business may dispute the victim’s injuries or whether the incident occurred on their premises. The demand letter helps provide the facts of the claim and begins to establish the case that the defendant (the owner of the business where the slip and fall occurred) is liable.
When writing a demand letter, remember that at this point, it is in regards to a claim and not a lawsuit. It does not need to be lengthy or overly detailed. A well-written demand letter should be no more than one page and provide only the basic information for the defendant to evaluate the victim’s claim.
Effective Format for a Demand Letter For A Slip And Fall Case
There is a standard format for a demand letter for a slip and fall case. It should include the following sections (which are discussed in more detail below):
- A proper heading with reference numbers and dates
- How much money is sought in damages
- Description of the accident and who is at fault
- When the victim intends to file suit if payment is not received.
While it is possible to write one’s own demand letter, accident victims should consider retaining the services of a personal injury attorney. They handle cases like this every day. They have experience calculating expenses correctly. They will think of expenses you can claim that you wouldn’t have thought about. As a result, you may receive more compensation than you thought possible.
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The Heading Of A Demand Letter For A Slip And Fall Case
A slip and fall claim demand letter’s heading clearly states the victim’s name as well as the names of those responsible for the accident (and employee names if applicable), dates, and a claim number if one has been assigned.
Grammar, spelling, attention to detail and layout are essential in a demand letter. To guarantee all parties are correctly identified, ensure accurate spelling on all names. Understanding when and how to utilize approximations, such as “about at noon,” is another essential aspect of demand letter writing.
Following this section of information is a standard greeting (“Dear Adjuster” in the included template), followed by the letter’s objective: “The following is the requested demand for <Client Name>.
Costs Incurred by the Victim of the Slip and Fall Accident
This section of the demand letter describes the victim’s injuries, damages, losses, ongoing care, and other ramifications of the slip and fall.
The demand letter should provide a comprehensive breakdown of the medical expenses incurred and the damages and losses (such as lost pay due to time off work). This section also includes accident-related general damages, such as pain, suffering, and emotional distress.
In addition, make sure to include copies of all medical records and expenditures related to the slip-and-fall event with the demand letter.
Description of the Accident and Who is at Fault
This section describes the alleged events:
- Include where and when the accident occurred
- How long after the accident the victim discovered their injuries
- How the injuries impacted their life
- Whether anyone else at the business where the injury happened was responsible for causing them (if so, include their names)
- Include witnesses who saw the event
Having a personal injury attorney draft the letter is a definite advantage in describing the incident. They will use the proper tone and language to provide a clear and concise account of what happened.
Time Limit for the Claim
In the last section of the slip and fall case demand letter, the victim briefly restates their case, ideally in a single sentence. Close with the amount of money the victim will accept to settle the claim.
Also, include a deadline for the party at fault (or their agents) to accept or reject the victim’s demand.
Working with the experienced attorneys at Kane Personal Injury can help move the demand letter and the entire claim process forward more thoroughly, timely, and effectively.
Timely drafting of a demand letter is important because there are time constraints for filing a personal injury claim. In New Mexico, the statute of limitations varies depending on the personal injury claim’s nature. The state’s civil statutes vary from three years for bodily harm to four years for property damage.
Let’s take a closer look at the personal injury demand letter to better understand each part’s purpose.
Image by Kane Personal Injury
Image by Kane Personal Injury
The sample letter provided here is for education purposes only; if you need to send a demand letter, please contract the services of a licensed attorney.
Get Help With Your Demand Letter
Sometimes, accidents are simply that. But in other cases, a spill that hasn’t been cleaned up, boxes left in aisles, or some other hazard could be considered negligence, making the business liable for the injuries of someone who slips and falls.
That is why it’s always a good idea for a victim to consult with a licensed personal injury attorney after a slip and fall. A lawyer can evaluate the situation and recommend the best course of action. They have the experience to write a demand letter in the proper way if one is necessary.
Regardless of the nature of an accident, having an attorney means the victim has an advocate who can handle the details, increasing the chances of a fair and just settlement.
Please note that this article was created for advertisement purposes and does not constitute any contractual legal relationship or imply one.