Here's a sample demand letter for a personal injury claim where a victim injured in a motorcycle accident is seeking compensation. You can use this example as a guide when writing your own demand letter. By substituting your information, you should be able to write an effective settlement demand.
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April 14, 2014
Doncair Insurance Company
Mr. Will Nevrpeigh
123 Street - Suite A
Tempe, AZ 04419
FOR SETTLEMENT PURPOSES ONLY
Dear Mr. Nevrpeigh:
Please let this letter serve as my formal demand for compensation in the above-referenced claim. I am currently not represented by an attorney. My continuing hope is to avoid litigation by bringing this matter to a prompt and amicable resolution.
As you are aware, I was seriously injured on February 28, 2014, when your insured failed to yield at the intersection of Apple Avenue and Main Street in Wichita, Kansas, while driving her 2010 Jeep Cherokee. Your insured pulled out right in front of me, thereby not giving me enough time to brake and avoid a collision.
As a result of her action, I was thrown from my Harley Davidson motorcycle onto the pavement. I sustained serious injuries resulting in substantial losses, including medical bills, therapy, out-of-pocket expenses, lost wages, severe discomfort, anxiety, and prolonged pain and suffering.
I want to make clear from the outset that I never asked for any of this to happen. Before February 28th, 2014, I enjoyed a life free of physical pain and discomfort. On February 28th, however, all that changed. My life has been forever altered as a direct and exclusive result of your insured's negligence. While you will never be able to make me whole again, I expect you to try.
On February 28, 2014, at approximately 8:30 p.m., I was traveling Eastbound on Apple Avenue in Wichita, Kansas. Apple Avenue has two lanes. I was in the right lane. Main Street runs north and south. As I was approaching the intersection of Apple Avenue and Main Street, your insured, while traveling northbound on Main Street, failed to stop at a designated stop sign.
At the time and place of the collision, there were no traffic signals or stop signs facing the eastbound lane. I clearly had the right of way. As your insured pulled into the intersection I made every attempt to stop to avoid colliding with her vehicle, but was unable.
Because of the inertia, my motorcycle collided with your insured's vehicle and I was thrown forward approximately twenty feet, skidding on the pavement. As I was sliding forward my pants partially tore away, exposing my legs to the asphalt. Within seconds of coming to a stop I felt a severe burning sensation on my legs and hands.
Minutes later, as the adrenaline waned, I began to experience excruciating pain. My hands and legs were severely lacerated, bruised, and "road burned." I was bleeding profusely. My motorcycle was wrecked and parts were strewn all over the road. The front wheel was bent, the faring shattered, and the oil pan came apart. At all times relevant to this collision, I was wearing a DOT Certified Arai Corsair motorcycle helmet.
Your insured pulled her Jeep Cherokee over and came to my aid. So did two other witnesses. The witnesses' names are Jackie Fuller of 1245 Maple Street, Wichita Kansas, and John Swift of 5677 Camelback Road, Wichita, Kansas. Ms. Fuller called 911 and requested an ambulance. In the presence of the witnesses your insured stated, "I'm sorry. I didn't see you."
Within minutes, two police officers arrived on the scene. Soon after, Wichita Fire and Rescue arrived. I was treated on the scene and transferred to Hillcrest Hospital.
THE POLICE REPORT
The City of Wichita police conducted an on-scene investigation. The investigation included taking witness statements from Ms. Jackie Fuller of 1245 Maple Street, Wichita Kansas, and Mr. John Swift of 5677 Camelback Road, Wichita Kansas. Copies of their statements are attached.
Ms. Fuller stated that about the time your insured ran the stop sign, Ms. Fuller was traveling a safe distance behind me. She stated she had an especially clear view of your insured over and around my motorcycle. Ms. Fuller's statement goes on to say: "At the time, I didn't know if the driver of the Jeep had a stop sign. I was sure though, that I saw the Jeep roll through the intersection right in front of the motorcycle."
In her statement, Ms. Fuller also stated she saw me go down very hard onto the asphalt and then slide many feet ahead. According to the police report, witness John Swift was driving his vehicle directly behind your insured's Jeep. In his statement to the police, Mr. Swift said, "I saw the Jeep slow down, but it never stopped. It rolled right through the intersection in front of the guy on the motorcycle."
The police also took photographs and used a distance-measuring roller to calculate how far I slid, from the point of my violent collision to the asphalt.
Your insured was issued two moving-violation traffic citations. The first was for disregarding a traffic signal. The second was failure to yield. I was not issued any traffic citations.
As you can see by the diagram drawn on the rear of the police report by officer Stanwick, driver number two (your insured) proceeded into the intersection directly in front of driver one (myself). The police also checked the box in the report to designate driver one's injuries as "serious." A second box was checked for "transfer to hospital."
INJURIES AND TREATMENT
I was treated for my injuries at the scene and then transferred by paramedics to the emergency room at Hillcrest Community Hospital in Wichita. There I was seen by Doctor Al Beter. I was bloodied, bruised, and in terrible pain and discomfort. I had lacerations and bruising to my legs and hands.
My wounds were disinfected and bandaged, and Dr. Beter prescribed Vicodin for the pain and antibiotics to fight off any infection. He told me there would probably be swelling and that I should apply alternating cold and hot presses. He also told me to change the bandages every five hours. He then told me to follow up with my own doctor.
I was discharged several hours later. While the pain medication helped the evening of my discharge, the next morning I awoke to blistering pain in my legs and hands at the point of injury. I was truly in agony.
After calling in sick to work, my wife called Dr. Donna Uwery. Dr. Uwery couldn't see me until the next day. I was relegated to bed. I continued to take my pain medication and muscle relaxants. My wife continued to apply alternating hot and cold packs and changed my bandages every five hours. The next day my wife helped me out of bed. She had to dress me and help me into the car.
Dr. Uwery examined me and told me it would take four to six weeks for my wounds to heal sufficiently to return to work. Until then, I was told to continue alternating hot and cold packs and change bandages once a day. The doctor also told me to keep off my feet so the wounds had time to heal properly.
Dr. Uwery asked me to make an appointment every two weeks so she could check on my progress. She prescribed more Vicodin for the pain and discomfort and another series of antibiotics to stave off any infection. I followed doctor's orders because I wanted to get back to work as soon as possible.
My recovery was prolonged, difficult, and painful. While I have reached a point where my wounds are sufficiently healed to return to work, I am still sore and in discomfort.
PAST MEDICAL HISTORY
I am a 36-year-old male with an unremarkable medical history. My prior medical history includes treatment in 2005 for a broken left arm. I fully recovered from that injury. In 2010 I was hospitalized overnight for a case of food poisoning. Other than the aforementioned, I have had no other injuries that required medical treatment.
I have been employed for 8 years as a football coach for Avery College in Wichita. My job duties require me to run, throw, jump, and perform other coaching tasks. As a result of your insured's negligence, I was unable to perform my job duties from February 28, 2014 through April 11, 2014.
Because my injury did not occur on the job, I wasn't able to receive workers' compensation benefits. That means I had no income during this time. To survive, my wife worked double shifts as a customer service agent. On paper it appears I am the only victim, but for the last six weeks my wife has exhausted herself working over sixty hours a week, tending to my injuries, and caring for our three young children.
The following is a list of my medical damages and other financial losses related to the collision and my injuries. I have attached copies of representative bills, receipts, and a signed letter from my employer verifying my lost wages.
Hillcrest Community Hospital
After careful consideration of liability and damages, and an in-depth review of standard settlements for injury cases with similar fact patterns, I am convinced a fair and reasonable settlement inclusive of my pain and suffering is $15,500.00.
I look forward to hearing from you. Please do not hesitate to contact me if you have any questions.
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