If you’re injured in a slip and fall and intend to file a claim with an insurance company, you must compose and submit a demand letter. That letter becomes the centerpiece in all conversations and negotiations with the insurance company moving forward.
Since a demand letter is so central to your claim, it must contain detailed information on a number of topics, including:
If you have suffered injuries in a slip and fall, the property owner may be liable if it was because they failed to clean up a spill or correct damages. Your initial notification to the property owner that plan to pursue a personal injury claim for premises liability will be sending a demand letter.
The demand letter is the initial contact with the liable party and/or their insurer to notify them of your damages and that you expect them to cover your losses.
- A detailed description of your injuries
- How your accident happened
- Medical care you have received
- Expenses and other losses associated with your injuries
- Why the accident is the defendant’s fault
When you send a demand letter, if you have the proper evidence and prove negligence and liability, the responsible party will most likely start negotiations with you because they will know that you have evidence that will stand up in court and that you will be awarded damages. By settling the case out of court, the other party will reduce their costs and not have to pay out additional legal fees.
You must be sure to document everything, and you should maintain supporting evidence throughout the duration of your claims process. Make copies of everything so you can keep a copy as well as supply a copy to the defendant.
You must show that all four elements of negligence apply to your specific situation, so gather evidence that help support each of the four elements and that will help you prove that your injury was preventable and was the direct result of the negligence of the property owner.
If you need to write a well-written demand letter, you should consider enlisting the help of a personal injury attorney. An attorney can help you write a strong demand letter and ensure you have the appropriate supporting documentation to settle your claim quickly.
Why Write a Demand Letter For Your Slip and Fall Claim
Demand letters are essential to any slip and fall case. When you write a demand letter, you are giving formal notice that you are pursing legal action against another party. When you send out a demand letter, you are attempting to resolve your slip and fall case before filing a lawsuit.
When you send a well-written, organized and detailed letter that outlines the situation at hand the damages that you are pursuing. A personal injury lawyer will be able to help you craft the demand letter for your slip and fall case.
By using a sample demand letter when you pursue a slip and fall claim, you will know exactly what is needed when you and your lawyer craft the letter. Make sure that you are addressing the correct party and all the facts regarding the slip and fall are correct.
Here is what a slip and fall demand letter should look like:
Sample Demand Letter in a Slip and Fall Claim
When To Write a Demand Letter
If you have suffered injuries in a slip and fall, the property owner may be liable if it was because they failed to clean up a spill or correct damages. Your initial notification to the property owner that plan to pursue a personal injury claim for premises liability will be sending a demand letter. The demand letter is the initial contact with the liable party and/or their insurer to notify them of your damages and that you expect them to cover your losses.
When you send a demand letter, if you have the proper evidence and prove negligence and liability, the responsible party will most likely start negotiations with you because they will know that you have evidence that will stand up in court and that you will be awarded damages. By settling the case out of court, the other party will reduce their costs and not have to pay out additional legal fees.
You must be sure to document everything, and you should maintain supporting evidence throughout the duration of your claims process. Make copies of everything so you can keep a copy as well as supply a copy to the defendant.
You must show that all four elements of negligence apply to your specific situation, so gather evidence that help support each of the four elements and that will help you prove that your injury was preventable and was the direct result of the negligence of the property owner.
What To Include In Your Demand Letter
Your demand letter after a slip and fall should include the basic information, plus include all the supporting details that you need to provide to show liability and damages. Here is an example demand letter sent regarding a slip and fall case. Of course, be sure to include the name of the liable party.
This is regarding injuries that I suffered during a slip and fall at your store on July 1, 2019, at around 3:45 p.m. I was shopping in your store and had turned down the second aisle, which leads past the frozen food coolers when I slipped and fell, suffering a broken ankle and a back injury. There was a slippery substance on the floor that caused my fall, and I didn’t notice it before I fell.
An employee, Jason, who came to my aid after the fall determined it was melted ice from one of the frozen coolers. He commented that the cooler had just been repaired, and the problem should have been corrected. It seems to me that the cooler should have been checked regularly, and that a Wet Floor sign should have been posted, or that the area should have been blocked off.
I was transported by ambulance to the local emergency room. Upon examination and x-rays, it was determined I had suffered a compound fracture of the ankle that required surgery to set the fracture, and I will require long-term rehab. I have already missed 6 weeks of work and I am expected to miss at least 6 more weeks of work. Enclosed are copies of my medical expenses, which add up to $24,950 thus far, and my lost wages, which are currently $9,800.
You will also find a note from my physician detailing the extent of future medical care, and how much more work I will miss because of the injuries. Attached is an itemized list of the expenses that are involved with the treatment of my injuries and my loss of earnings. Also, I have included my pain and suffering. Therefore, the total amount that I ask for my injuries is $138,900.
If I do not get a response from you regarding this matter within the next 15 days, I will file a lawsuit. Thank you for your prompt attention to this matter.
Documents To Add With Your Demand Letter
Here is a rundown of supporting documentation that you should include with your demand letter after a slip and fall. These documents can be very helpful to your case and increase the chances of a successful outcome.
- Medical bills
- Medical records
- Note from a physician indicating the long-term impact of the injuries
- Proof of missed work and lost wages
- Notes indicating future loss of earnings
- Witness statements
- Accident reports
- Photos of the accident scene and the visible injuries
Remember, evidence is essential to the success of your personal injury claim after you suffer injuries in a slip and fall. Be sure to get your claim on track in a timely manner. There is a statute of limitations for pursuing a claim that must be followed, and that can vary significantly from one state to another. If you wait too long to pursue a claim, you will not be able to receive the compensation for your losses that you deserve.
The following sample illustrates the kinds of details and the types of information a demand letter should contain.
[Your Name]
[Your Address]
[Your City, State, and Zip Code]
[The Date]
[Name of the Claims Adjuster]
[His or Her 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]
Date of Loss: [Date of the Accident or Incident that Caused Your Injuries]
Dear Mr./Ms. [Name of Claims Adjuster]
As I notified you via letter on January 15, 2014, I was injured on the premises of your insured, Acme Electronics, on January 7, 2014, in Mechanicsville, Michigan. I was walking along aisle 15 on the east side of the store when my left pant leg was snagged on the frayed bumper pad on the bottom of support pole. This pole is located slightly off center in aisle 15 and also holds an electronic price checker on its south side.
My pant leg was snagged on the worn pad, causing me to fall on the hard tile floor. I struck the floor with considerable force, injuring my right knee, left elbow, and my jaw and neck. I was able to drive myself home and make an appointment with my doctor, believing my injuries were not that severe. However, over the course of the next three hours, the pain in all areas worsened significantly and the swelling and bruising in my knee became unbearably painful.
I was seen that night in the emergency room of County Hospital, located at [insert address], where I was examined, x-rayed, and given three medications: [insert medication names]. I was subsequently off work due to my injuries for one week, from January 8 - 12, 2014, as documented by the work restriction note from Dr. Emanuel Litz, the ER physician, and the enclosed statement from the personnel office of my employer, BGM, Inc.
This absence required me to use nearly all of my allotted personal days for the quarter, which in turn resulted in me having to cancel a planned vacation weekend, scheduled for March.
I’ve healed well from most of my injuries, but the pain in my knee continues to be a problem. My family doctor, Mark B. Till, M.D., has referred me to Independence Physical Therapy , where I receive therapy once a week. I’ve attended four appointments so far at the expense of $75.00 per appointment. At least 12 additional weeks of therapy are required according to Dr. Till and the staff of Independence Physical Therapy.
The expenses for my medical care, documented by the enclosed bills, are:
County Hospital’s Emergency Room: $425.00
Dr. Emanuel Litz, ER Doctor: $162.00
X-Rays: $125.00
Prescription Medications: $42.21
Dr. Mark Till: $76.00
Physical Therapy, to date: $300.00
Required additional therapy: $900.00
TOTAL $2,030.21
Due to the negligence of your insured, Acme Electronics, I experienced severe pain and discomfort and ongoing complications from my injuries. These injures have caused me to miss work and resulted in the need to cancel my planned vacation for March. As a result, I demand compensation for my injuries and general damages in the amount of $4,500.00.
I anticipate hearing from you no later than 30-days from the date of this notice and appreciate your timely reply.
Sincerely,
[Your Signature]
[Your Name – printed]
Note that total damages demanded are more than double the actual expenses associated with the injuries. This is intentional and allows room for successfully negotiating a reasonable and fair settlement.
Getting Help with a Slip and Fall Claim
The demand letter is a crucial document and ensuring it contains the appropriate details and language may require the assistance of a personal injury attorney. A slip and fall lawyer can additionally help you negotiate a settlement and if no agreement can be reached, he or she can help you decide if filing a lawsuit is in your best interest.
Consult With a Slip And Fall Attorney
If you have suffered injuries in a slip and fall that was caused by someone’s negligence, then you should consult with a personal injury lawyer who handles slip and fall claims in your state. With the help of an attorney, you can gather supporting evidence and documentation and then get everything that you can in order to prove your injuries were caused by the negligence of the property owner and their failure to properly maintain the premises.
When you enlist the help of a slip and law attorney, you will not have to pay anything out of pocket. Instead, your attorney will take your claim on a contingency basis. That means that your attorney will not require you to pay him or her until you are compensated for your injuries through a judgment or a settlement. At that time, your lawyer will get a percentage of the judgement or settlement, which is agreed to when you retain their services.
To share the details of your slip and fall case, complete the Free Case Evaluation Form on this page. You will then be able to determine the best way to proceed with your slip and fall case after you suffered injuries in a premises liability situation.
