If you are injured or have been caused some sort of harm that has resulted in requiring medical treatment, you may decide that you want to file a claim with an insurance company to pay for your damages. To do so, you need to write and send them a demand letter. This letter will be used as a point of reference during negotiations for liability and compensation.
What is a Demand Letter?
A demand letter is the central document in negotiating a defective product accident settlement. For an injury caused by a defective product, you will write your letter when you are done receiving medical treatment. Defective product claims can fall under three different categories:
- Defective product
- Defective manufacture of the product
- Defective marketing, also referred to as “failure to warn”
A demand letter is an important document. A well-crafted letter provides the foundation for negotiating a fair personal injury settlement.
It is strongly recommended that you contact an experienced personal injury attorney before writing your defective product demand letter. Their legal expertise can give you a significantly higher chance to receive the fairest personal injury settlement.
Sample Demand Letter in a Defective Product Injury Claim*
This is a sample demand letter for a defective product injury claim. It includes the information and details your attorney should include in your own letter.
[Your Name]
[Your Address]
[Your City, State, and Zip Code]
[The Date]
[Name of the Claims Adjuster]
[Their Job Title]
[Address of the Insurance Company]
[City, State, and Zip Code of the Insurance Company]
Re: Your Insured, [Name of the Defendant]
Claimant: [Your Full Legal Name]
Claim Number: (Only include this number if a claim number has already been assigned to you, and you have already been contacted about the matter.)
Date of Loss: [Date of Accident or Incident in which the Defective Product Injury Took Place]
Dear Mr./Mrs. [Name of Claims Adjuster],
In response to my previous correspondence on February 21, 2015, please accept this letter as my formal demand for settlement in the matter mentioned above.
I was injured when I touched a GoldenRoast Waffle Iron, manufactured by your insured, TRX Home Furnishings Corporation. The product in question was defective and failed to employ its AutoCool feature after I had finished making waffles. As a direct result of this failure in manufacturing, I sustained second-degree burns on my hands and arms.
Around 9:00 a.m. on the morning of December 26, 2014, I was cooking breakfast for my family with the waffle iron, which I had received as a holiday gift. The packaging had clearly stated that the iron would completely cool after ten minutes of inactivity.
I cooked the waffles and sat down to eat them with my family. After about an hour, I returned to the kitchen to begin cleaning up and picked up the waffle iron. It was still just as hot as it had been when I was cooking, if not more so. My hands and arms were in severe pain, so my son drove me to the emergency room.
While in the ER at Washington Johnson Hospital at [insert address], I was treated by Dr. Melissa K. Edwards. She treated my burns and prescribed me a mild pain medication. She also suggested that I stay home from my job at Granite Street Bank, as the burns on my hands would prevent me from comfortably completing my administration and banking duties.
I missed two weeks of wages at my job waiting for my hand to heal and accrued medical treatment costs, as well as the cost of my pain medication [name the medication], which I took for two weeks.
The expenses for my medical treatment, as outlined in the enclosed bills, are:
Washington Johnson Hospital: $435.00
Dr. Melissa K. Edwards, ER Doctor: $309.00
Prescription Pain Medication: $117.00
TOTAL: $861.00
Due to the negligence of your insured, TRX Home Furnishings Corporation, I experienced severe pain from my injuries, missed work for two weeks, and lost two week’s worth of wages that I relied on to pay my bills and expenses. Because of this, I am requesting compensation for my injuries and general damages in the amount of $3,500.00.
I expect to hear back from you in no later than 30 days from the date of this correspondence. I appreciate a timely response.
[Your Signature]
[Your Name – printed]
By asking for an amount of total damages that is larger than your total amount of medical costs, you are leaving room to negotiate a fair settlement.
*Getting Help with a Defective Product Claim
Writing a detailed demand letter is important to make sure that you get the damages you deserve from your defective product injury. A personal injury lawyer can help you:
- Write your letter
- Determine the right amount of damages to ask for
- Use the correct language and details
- Negotiate with the insurance company
- Possibly file a lawsuit
