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Definitive Guide Personal Injury Demand Letters

The better your demand letter, the higher your chances are of getting a good settlement to compensate for the losses you have suffered after your personal injury accident.

To help you with this we have compiled these resources to help you write the best demand letter for your circumstances.

Demand Letter Samples

ANATOMY OF A PERSONAL INJURY DEMAND LETTER

This article breaks down a typical personal injury demand letter section by section. Download a sample demand letter in any of three formats; one of which is likely to be compatible with your word processing software, so you can edit the actual sample letter and replace the hypothetical circumstances with your own real information.

UNINSURED MOTORIST DEMAND LETTER SAMPLE

With a large number of uninsured drivers in California, there is a fair chance that the driver at fault was not covered by an insurance policy. In this case, you will have to submit a demand letter to your own insurance company and request reimbursement for your expenses. Many people think that this will raise their insurance rate, but it will not. This coverage is already built into your policy. Get the sample demand letter here.

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6 Elements of a Demand Letter

A demand letter is not just the letter alone; it also includes attachments to document your accident. Make sure to get a copy of the police report and save all your medical bills and records. If you have photographs of the aftermath, including damage to your car, and estimates on car repairs, you will want to include those as well.

For more detailed info, read about the 6 Essential Elements of a Personal Injury Demand Letter.

Lawyer Writing a Demand Letter — Roseville, CA — Frank Penney Injury Lawyers — Bank on Frank

California Demand Letters

SMALL CLAIMS

In some situations, you may need to write a demand letter for payments of less than $10,000 from an individual, a corporation, or the government, rather than an insurance company. If you live in California, the state provides an online demand letter wizard to automatically generate your letter for you. A good letter may increase your chances of getting a settlement and reduce the need to go to a small claims court.

HOW THE INSURANCE COMPANY MAY RESPOND

Keep in mind that an insurance adjuster’s job is to make sure that the company pays as little as possible. Your claim may be rejected outright, you may be offered a lower amount than what you deserve, or in very rare cases, they might actually agree to pay the full amount of your claim. Read the details about why you might get one of these 3 Typical Insurance Company Responses.

Helping You Write Your Demand Letter

Dealing with an insurance company can be stressful, especially after the trauma of a personal injury. Start with a strong demand letter and remember that you don’t necessarily have to take “no” for an answer. Take advantage of the resources this website offers. One of our seasoned personal injury lawyers can help you with the negotiation process and make sure that you get the maximum possible compensation.

Anatomy of a Personal Injury Demand Letter

If you’ve been in an accident, you may need to write a personal injury demand letter to an insurance company. Demand letters are often necessary when filing a personal injury claim as they provide detailed facts of your case in a way that can maximize the possibility of a strong settlement in your favor.

Download Sample Demand Letters

Feel free to utilize our personal injury resources or download and customize the sample demand letter we use in our example below. Downloads are available in Microsoft Word for Windows, Word for Mac, and PDF.

Demand Letter in Word (Windows)

Demand Letter in Word (Mac)

Demand Letter in PDF

Three Sections of Demand Letter — Roseville, CA — Frank Penney Injury Lawyers — Bank on Frank

The Three Sections of a Personal Injury Demand Letter

A typical personal injury demand letter is broken up into three parts – Accident Facts, Medical Facts, and Life Facts. The rest of this article will break down each of these sections and provide some value-add commentary about each section and why they are important to include in a personal injury demand letter.

LETTER HEADER

Insurance Company Adjuster Name

Insurance Company Address

Re: Claim #

Name of Party at fault (insured)

This is where you provide who you are writing to (typically an insurance company), the claim number, and the name of the party at fault i.e. the person who hit you who is insured by this company.

ACCIDENT FACTS

As you are aware, I was injured in an automobile accident with your insured Jane Doe on January 1, 2015, at the intersection of Winding Way and Auburn Blvd., in Sacramento, California.

In the introductory paragraph, provide only the facts. Who, what, where, and when.

I was traveling east on Auburn Blvd., and as I entered the intersection with Winding Way, your insured ran a red light and smashed into my car just behind the driver’s seat, barely missing me. The power of the collision spun my car around and left it facing west, almost to the curb.

In addition to violating the vehicle code, your insured did not slow down. This was apparently because she was texting on her cell phone at the time of the accident. A witness to the accident reported this fact, as reflected in the attached police report. As you know, if this matter becomes a lawsuit, I will have access to your insured’s cell phone records to substantiate this claim. As you may be also aware, texting while driving quadruples the risk of an accident, making it as dangerous as driving while drunk.

This is where you add a little color to emphasize an emotional element. In this case, even though a direct hit on Mary did not occur, the near-miss increases the sense of emotional trauma Mary suffered. The power of the impact shows how fast the other driver was going, which supports both how negligent the other driver was and how seriously Mary is injured.

POLICE REPORT REFERENCE

I have enclosed the police report which states that I had the right of way and a diagram that describes the position of the car. The enclosed photograph showing severe damage to my car indicates how strong the collision was.

This is a great place to reference the police report, photos reflecting auto damage, diagrams, accident reconstruction reports, etc., and attach them as exhibits.

MEDICAL FACTS

I was taken by ambulance to the emergency room of Mercy San Juan Hospital. Immediately after the accident, I had severe pain and stiffness in my back as well as an increasing headache. After X-rays, I was released and advised to see my private physician. My physician, Debra Doctor, M.D., referred me to an orthopedist, Opal Ortho, who examined me and discovered an inflammation of the lumbar spine. She prescribed medication, advised immediate bed rest, and referred me to physical therapy.

I was forced by the pain to remain in bed for the next four days. I attempted to return to work the following Monday, but the pain once again forced me to bed for another two days. I attended physical therapy at the Bergman PT Clinic for five weeks, during which I remained in considerable pain and discomfort. After completing the physical therapy, I returned for an examination by Dr. Ortho, who advised me that I would have residual pain and stiffness for another few months.

It is important to point out that the orthopedist referred Mary to physical therapy, showing that she did not decide to go on her own. In the mind of an insurance adjuster, that makes the physical therapy treatments more medically legitimate. Good to mention that Mary tried to return to work; it shows that she was not just using her injury as an excuse for a holiday. The doctor confirms a long period of recovery.

The medical specials for my treatment are as follows:

A-One Ambulance Co.	$600
Sutter Hospital	$1,400
Debra Doctor, M.D.	$260
Opal Ortho, M.D.	$1,110
San Juan Radiology Group	$280
Bergman Physical Therapy	$840
Prescription medication	$10

TOTAL = $4,500.00

“Medical specials” are what adjusters call the medical part of the injury damages formula. These are all the medical expenses that Mary had to pay and for which she deserves to be reimbursed.

WAGE LOSS

As a result of the accident, I missed a total of five days of work as a teacher at St. Francis High School. My monthly gross salary is $3,500.00, and the number of school days in January was 21, so per diem pay for January was $166.67. In total, I lost $833.33 in wages.

Be sure to use your gross salary- that is, wages you would have earned before taxes or other deductions. Be accurate, and make sure you can back up the number with pay stubs.

LIFE FACTS

I suffered excruciating back pain, requiring five weeks of physical therapy. I continue to suffer occasional pain and stiffness now, six months after the accident. The trauma of so narrowly missing a direct hit by your insured’s car has made me fearful of driving, which causes me daily anxiety. To compensate me for the severity of the shock, the long period of treatment, and the continuing pain and discomfort I suffer, I demand the sum of $14,333.

Driving is an important part of most people’s lives and being afraid to get in a car may raise the value of the claim. This sample settlement figure is based upon medical bills of $4,500.00 multiplied by three plus lost wages.

THE DEMAND

To compensate me for the severity of the shock, the long period of treatment, and the continuing pain and discomfort I suffer, I demand the sum of $14,333.

This is the demand part of the demand letter. Clearly summarize all the issues you mentioned above and that as a result, you are asking for a very specific dollar amount.

CLOSING

This offer shall remain open for 10 days from receipt of this letter.

I look forward to your prompt reply on this matter.

Yours truly,

Mary Graham

Setting a deadline will encourage the insurance adjuster to act quickly, especially if they want to keep the case out of court.

“Treated Me Like I Was Not Just a Client”

Frank D. Penny Law firm has done a wonderful job for me, everything from start to finish was fairly easy they did not stress me out. Joshua Boyce was very caring if I had any questions I could call him at anytime for answers, he was very knowledgeable he treated me like I was not just a client but more like a family member. All in all I could not have asked for better attorneys they handled my case with utmost care … thank you all!

- LARRY G.

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“I am Beyond Grateful”

Huge thank you to everyone at Frank Penney’s law office. My settlement took two years to finish because I had SO MANY treatment facilities, doctors, bills, etc. from my car accident, and Mr. Penney’s office told me everything they needed and we worked together to get the best settlement we could. I am beyond grateful. Seriously if you need someone who will help you, work with you, and benefit everyone, go to Frank Penney. And a special thanks to Sarah at his office!!!!

- KYLI O.

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“Achieved a Result Better Than Expected”

We can happily recommend Frank Penny Lawyers to anyone needing a personal injury firm. Not only were they professional and achieved a result better than expected, Frank, his associates and staff are personable and comfortable to work with.

- NEIL C.

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“This is a Rockstar Firm!”

Priscilla was awesome! My wife and I were in a major accident and were not at fault. We tried working with the insurance company of the driver at fault and they would not work with us. Priscilla was able to take the stress off of us and did everything she could to make it as easy as possible. This is a Rockstar firm and I would send anyone I know to them!

- QUANTUM GARAGE

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“James and Priscilla Fought Both Harder & Smarter on My Behalf”

After I was injured in a substantial rear-end collision, I knew I was going to need some serious help in the days ahead, so I contacted Frank Penney right away, which turned out to be a very smart move as I quickly learned that the opposition had next to no thoughts of offering me any reasonable compensation for my injuries, medical bills and lost earnings. The other insurance company fought hard to avoid accepting responsibility but James and Priscilla fought both harder and smarter on my behalf. I was shocked when my case ultimately went all the way to trial, but I was impressed watching James deliver a solid victory for my case, a victory that not only met but exceeded our last demand. I hope I am never hurt in another collision, but if I am, I’ll be returning to Frank Penney and his staff. Thanks to James and Priscilla for getting me a such positive outcome.

- KYLE H.

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“Understanding and Helpful Throughout This Very Hard Time”

Frank D. Penney Law office was such a pleasure to work with. After interviewing several other law offices to handle our case we knew we would allow Frank D. Penney to take our case the moment he left the room. His office was able to make our four individual cases run smoothly together. They were so understanding and so helpful throughout this very hard time we’ve all had to live through. They were very professional yet personable from the secretary to the top from day one. Individually and as a group in regards to the office I think I speak for all four of us when I say how much of a blessing this office has been to us. I highly recommend this office for any personal injury cases, I know you will not be disappointed.

- ELENA F.

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“They Were Very Up-Front and Honest with Me”

My experience with Frank Penney’s Law Firm has been wonderful. They were very up-front and honest with me and were able to seek the maximum reimbursement for my injuries. I hope I am in a position that I will ever need an attorney again, but if I am, I will come back!

- PAUL C.

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“I Received the Maximum Policy Pay-outs”

In May 2014, I was rear ended on my way home from work. I knew early on that physically, there was something wrong. As the primary earner for my family, my greatest concern was ending up with substantial debt as a result of the cost of my need for ongoing medical care. Frank’s staff was very helpful in putting me at ease by ensuring that I always received regular updates on the status of my case. Then, in October 2015, I was rear ended on my way to work. A second rear ender? Really? I couldn’t believe it. It was unfathomable; I was absolutely frazzled and flabbergasted. But yet again, Frank and his staff were incredibly supportive in helping me navigate what was now an even more complex situation.

After two years and having to endure constant doctors appointments, constantly getting prescriptions and finally the process of having titanium rods hammered in to my hip/SI joint, Priscilla specifically, was incredibly effective at ensuring that I received the maximum policy pay outs that spanned across three different insurance companies. The payouts were sufficient to cover the medical costs and then some. Ultimately, these accidents have changed my life and have limited my physical abilities. The impact to me impacts my family but I cannot imagine having to manage this ridiculous situation without the support of Frank’s team (Priscilla, James, Elsa, Rachel and Yuri). If you need support and want to be treated like a person in the process, Frank Penney’s firm is the firm for you.

- D.R.

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“Recommend Friends & Family to This Law Firm”

They were awesome. Very professional and would recommend friends and family to this law firm. I would definitely come back. My attorney was Priscilla and she was great! Answered all my calls and if I left her a voicemail she would call right back.

- RANDY S.

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“The Best Decision I Ever Made”

Call Frank Penney Law and let go of your worry and frustration and secure needed funds for future possible medical care. We were rear ended and our SUV totaled. Our family had just moved to NC from CA. My daughter and I were together in the car and were injured from the accident. Our first priority was getting better and finding the proper medical care that would lead to a full recovery. I also had to deal with the auto and medical insurance companies and all the bills that start coming in the mail after receiving needed medical treatment. It was becoming overwhelming and then came all sorts of letters in the mail from lawyers that wanted our case. I didn’t feel comfortable with any of their attempts to get my business. But I needed help. I called Frank, since I had known him when we lived in CA, and when he explained how he and his staff could help me and basically take everything off my plate that was stressing me out and that our physical location across the country didn’t matter, I said “yes, please help us.” Frank talked with me as if he had all the time in the world and I felt completely comfortable turning everything over to him. The settlement was more than I could have received on my own and the fact that I could hand it all over to him to resolve was without a doubt worth it! It was the best decision I ever made throughout this process. We were supported by Frank’s knowledgeable staff. I can, without hesitation, recommend Penney law offices with the highest praise.

- JANNA

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“Treated Me Like I Was Not Just a Client”

Frank D. Penny Law firm has done a wonderful job for me, everything from start to finish was fairly easy they did not stress me out. Joshua Boyce was very caring if I had any questions I could call him at anytime for answers, he was very knowledgeable he treated me like I was not just a client but more like a family member. All in all I could not have asked for better attorneys they handled my case with utmost care … thank you all!

- LARRY G.

Button
Slide title

“I am Beyond Grateful”

Huge thank you to everyone at Frank Penney’s law office. My settlement took two years to finish because I had SO MANY treatment facilities, doctors, bills, etc. from my car accident, and Mr. Penney’s office told me everything they needed and we worked together to get the best settlement we could. I am beyond grateful. Seriously if you need someone who will help you, work with you, and benefit everyone, go to Frank Penney. And a special thanks to Sarah at his office!!!!

- KYLI O.

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“Achieved a Result Better Than Expected”

We can happily recommend Frank Penny Lawyers to anyone needing a personal injury firm. Not only were they professional and achieved a result better than expected, Frank, his associates and staff are personable and comfortable to work with.

- NEIL C.

Button
“This is a Rockstar Firm!”

Priscilla was awesome! My wife and I were in a major accident and were not at fault. We tried working with the insurance company of the driver at fault and they would not work with us. Priscilla was able to take the stress off of us and did everything she could to make it as easy as possible. This is a Rockstar firm and I would send anyone I know to them!

- QUANTUM GARAGE

Button
“James and Priscilla Fought Both Harder & Smarter on My Behalf”

After I was injured in a substantial rear-end collision, I knew I was going to need some serious help in the days ahead, so I contacted Frank Penney right away, which turned out to be a very smart move as I quickly learned that the opposition had next to no thoughts of offering me any reasonable compensation for my injuries, medical bills and lost earnings. The other insurance company fought hard to avoid accepting responsibility but James and Priscilla fought both harder and smarter on my behalf. I was shocked when my case ultimately went all the way to trial, but I was impressed watching James deliver a solid victory for my case, a victory that not only met but exceeded our last demand. I hope I am never hurt in another collision, but if I am, I’ll be returning to Frank Penney and his staff. Thanks to James and Priscilla for getting me a such positive outcome.

- KYLE H.

Button
“Understanding and Helpful Throughout This Very Hard Time”

Frank D. Penney Law office was such a pleasure to work with. After interviewing several other law offices to handle our case we knew we would allow Frank D. Penney to take our case the moment he left the room. His office was able to make our four individual cases run smoothly together. They were so understanding and so helpful throughout this very hard time we’ve all had to live through. They were very professional yet personable from the secretary to the top from day one. Individually and as a group in regards to the office I think I speak for all four of us when I say how much of a blessing this office has been to us. I highly recommend this office for any personal injury cases, I know you will not be disappointed.

- ELENA F.

Button
“They Were Very Up-Front and Honest with Me”

My experience with Frank Penney’s Law Firm has been wonderful. They were very up-front and honest with me and were able to seek the maximum reimbursement for my injuries. I hope I am in a position that I will ever need an attorney again, but if I am, I will come back!

- PAUL C.

Button
“I Received the Maximum Policy Pay-outs”

In May 2014, I was rear ended on my way home from work. I knew early on that physically, there was something wrong. As the primary earner for my family, my greatest concern was ending up with substantial debt as a result of the cost of my need for ongoing medical care. Frank’s staff was very helpful in putting me at ease by ensuring that I always received regular updates on the status of my case. Then, in October 2015, I was rear ended on my way to work. A second rear ender? Really? I couldn’t believe it. It was unfathomable; I was absolutely frazzled and flabbergasted. But yet again, Frank and his staff were incredibly supportive in helping me navigate what was now an even more complex situation.

After two years and having to endure constant doctors appointments, constantly getting prescriptions and finally the process of having titanium rods hammered in to my hip/SI joint, Priscilla specifically, was incredibly effective at ensuring that I received the maximum policy pay outs that spanned across three different insurance companies. The payouts were sufficient to cover the medical costs and then some. Ultimately, these accidents have changed my life and have limited my physical abilities. The impact to me impacts my family but I cannot imagine having to manage this ridiculous situation without the support of Frank’s team (Priscilla, James, Elsa, Rachel and Yuri). If you need support and want to be treated like a person in the process, Frank Penney’s firm is the firm for you.

- D.R.

Button
“Recommend Friends & Family to This Law Firm”

They were awesome. Very professional and would recommend friends and family to this law firm. I would definitely come back. My attorney was Priscilla and she was great! Answered all my calls and if I left her a voicemail she would call right back.

- RANDY S.

Button
“The Best Decision I Ever Made”

Call Frank Penney Law and let go of your worry and frustration and secure needed funds for future possible medical care. We were rear ended and our SUV totaled. Our family had just moved to NC from CA. My daughter and I were together in the car and were injured from the accident. Our first priority was getting better and finding the proper medical care that would lead to a full recovery. I also had to deal with the auto and medical insurance companies and all the bills that start coming in the mail after receiving needed medical treatment. It was becoming overwhelming and then came all sorts of letters in the mail from lawyers that wanted our case. I didn’t feel comfortable with any of their attempts to get my business. But I needed help. I called Frank, since I had known him when we lived in CA, and when he explained how he and his staff could help me and basically take everything off my plate that was stressing me out and that our physical location across the country didn’t matter, I said “yes, please help us.” Frank talked with me as if he had all the time in the world and I felt completely comfortable turning everything over to him. The settlement was more than I could have received on my own and the fact that I could hand it all over to him to resolve was without a doubt worth it! It was the best decision I ever made throughout this process. We were supported by Frank’s knowledgeable staff. I can, without hesitation, recommend Penney law offices with the highest praise.

- JANNA

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