Visitor Question

How do I write a personal injury demand letter for an assault case?

Submitted By: Teresa (Imperial Beach, California)

I was assaulted and had several bones broken, one required surgery. I have not been able to retain an attorney on this matter, so I will pursue the matter personally. I have 2 questions about this.

The first question is how can I write a demand letter to the person responsible for assaulting me? The second question is what type of insurance covers an at-fault person for assaulting and injuring another person?

It is very clear the person is responsible for attacking me and the injuries are directly related to the assault. Are there any example demand letters or anything else that can help me get compensation for this assault?

Thank you for any information and perspective you can give.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Teresa,

A personal assault is a criminal action. Criminal actions are not covered by insurance policies. This is also the case if the person was working for a company or other organization at the time of the injury, or if he or she was not working when the attack took place.

Employers are only liable when an injury is perpetrated upon a third party when that employee committed the assault while working within the scope of his or her employment duties.

There are virtually no set of circumstances where assaulting a third party is within the scope of an employee’s work duties. Therefore, an employer will almost certainly not be liable.

Unless you can say “yes” to the following points, your case will likely not succeed:

1. The person you are about to sue has substantial personal assets which can be attached

2. You can prove the assault was unprovoked

3. You sustained serious injuries, requiring medical treatment such as hospitalization, surgery, stitches, fractures, head trauma, etc.

If you are intent on pursuing the matter, writing a Demand Letter should follow a similar pattern as the one set out in our Demand Letter section.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: February 15, 2015

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