How to Write a Notification Letter for a Slip and Fall Claim

Written by

Dustin Reichard, Esq.

Dustin Reichard, Esq.

Licensed Attorney

Dustin is an experienced attorney with 20 years of work in the legal field. He is a former JAG attorney for the US Navy and was awarded the Navy Achievement Medal.

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You need to provide notice of your intent to file an injury claim after a slip and fall. Learn who you should notify and what to include.

If you were injured in a slip and fall accident and wish to pursue compensation for your injuries, you’ll have to notify the at-fault party and their insurance carrier of your intent to file an injury claim.

The best way to provide notice is by sending a letter to let them know you seek to recover payment for any losses you may have sustained in your fall.

While providing notice might seem like a little groundwork on your part, it’s necessary to secure your slip and fall case and the compensation you deserve.

If you suffered serious injuries, a slip and fall attorney should handle communications with the at-fault party and their insurer.

Provide Early Notice of Your Slip and Fall Claim

If you decide to handle your own injury case, you’ll need to provide the at-fault party and the insurance company notice of your intent to seek compensation. Do this as soon as practically possible.

Ideally, send your notification letters within a few days of the slip and fall event. You want to put the property owner on notice before any important evidence is destroyed.

This is only a notification of your intent to file a claim, not your demand for settlement. Later, after you’ve completed all medical treatment and know the full extent of your damages, it will be time to send a demand for compensation. Review the basic injury claim process here.

How to Notify the At-Fault Party

You notify the at-fault party by sending a letter that communicates your intentions and protects your interests. If the property owner or manager has not already given you their insurance information, you want to clearly ask for the party’s insurer.

Your notification letter to the at-fault party should include:

• The date and approximate time of your injury
• A request for their insurance company’s contact information
• Your name and contact information

It’s important to include a few sentences that ask the at-fault party to preserve any evidence it may have of your slip and fall event. Legally called “spoliation language,” you’re warning the at-fault party not to destroy evidence that could help your claim.

When writing your letter, you don’t have to know for sure what kind of evidence might support your claim. You can make a general request that the property owner preserves any evidence relevant to your slip and fall.

At a minimum, you want to mention surveillance films taken on the day of your fall, and all electronic records related to your injury, even if you didn’t see a security camera.

Example of a Notification Letter Sent to an At-Fault Party

Click the buttons to see explanations for wording in the letter.

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Once you complete the letter, sign it with blue or black ink and copy it for your records.

Send the letter by USPS certified mail, return receipt requested. Once you get the certified mail delivery confirmation (green card), attach it to your copy of the letter.

Once the at-fault party receives the letter, the business will likely turn it over to its insurance company if it hasn’t already put the insurer on notice of the accident.

Slip and Fall Notification Letter vs Incident Report

Your letter to the property owner that shows your intent to seek compensation is not the same thing as a slip and fall incident report. An incident report documents the fact that you were injured in an accident on the premises.

Asking the property owner to make an incident or accident report is one the most important things to do immediately after a slip and fall. In comparison to a notification letter, an incident report is more detailed.

Most businesses have an incident report form where you fill in some blanks, check some boxes, and summarize what took place. The report is signed and dated and kept by the business. Chain stores, for example, will then forward the incident report to the corporation’s main office.

Always ask for an incident report to be completed when you’ve suffered a slip and fall at a business location. If the business doesn’t have an incident report form, you can create your own by writing down how your accident occurred and how you were injured.

If you do have to create your own incident report, keep a copy for your records and send the original to the property owner or manager.

How to Notify the At-Fault Party’s Insurance Company

If you were hurt in a slip and fall, your injury claim will most likely be covered by the property owner’s homeowner’s policy or liability insurance carrier. Most businesses are insured against premises liability claims, such as slip and fall injuries.

It’s a good idea to notify the insurer directly, even if you think the at-fault party forwarded your notification letter to its insurance company.

Send a notification letter to the property owner’s insurer as soon as you get the company’s contact information.

As with the notification letter to the property owner, the letter to the insurer provides basic information about your slip and fall accident. It’s too soon to discuss fault or the extent of your slip and fall damages.

Your notification letter to the insurance company should include:

• The location of your slip and fall
• The date and approximate time of the incident
• A brief description of your accident
• Your full name and contact information

You don’t have to include a request for the company to preserve evidence of your claim – it won’t have any.

Make sure to proofread your letter for any spelling and grammar mistakes. Sign your name in blue or black ink and make a copy. Send the original letter to the insurance company by certified mail. File a copy of the signed letter with your other slip and fall claim documents.

Sample Notification Letter to the Insurance Company

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Make this request in writing as opposed to calling an insurance company so you have tangible proof that you made a timely claim.

Keep in mind that a notification letter is not a demand letter. You or your attorney will send a demand letter later with details about your accident, damages, and the amount of compensation you’ll accept to settle your slip and fall injury claim.

Be Careful If the Adjuster Calls

The hope is that the at-fault party’s insurance company will respond to your notification letter in writing. However, you could get a telephone call from a claims adjuster or some other person from the insurance company.

If you receive a call, it’s important to remain calm. Be polite and avoid any aggressive comments. Ask for the name of the person, their job title, and if there is an insurance claim number you should refer to in future correspondence.

It’s okay to say you’d rather communicate in writing. In most states, a claimant is not legally required to speak with an insurance adjuster about their personal injury case. 

You are not being rude by setting boundaries. Never agree to provide a recorded statement on the spot, just because the insurance adjuster has you on the phone. Don’t volunteer any information. If they start asking questions, politely tell them you would like them to please send their questions in writing.

Don’t allow yourself to be bullied or cajoled into staying on the phone. If at any time you feel uncomfortable in the conversation, politely say goodbye and end the call.

If you do choose to talk to an adjuster, proceed with caution and avoid mistakes. Adjusters will look for anything that raises a red flag as to your claim. They can then use that information as an excuse to deny your claim.

Pitfalls to Avoid When Speaking with an Insurer:

• Don’t Guess or Estimate: Adjusters like to turn your statements around so that you contradict yourself. Accidental contradictions happen when a person really doesn’t know the answer to a question. Never guess or estimate something when speaking with an insurance company, even if they ask you to give your best guess.
• Don’t Minimize or Apologize: Never downplay your injuries or apologize. Don’t agree to statements made by the adjuster that suggest you weren’t paying attention, wearing the proper footwear, or otherwise brought the accident upon yourself. Stand behind your injuries and the property owner’s fault.

Get Help for Complicated Slip and Fall Claims

If your accident is complicated, or you’ve suffered extensive injuries, protect yourself by speaking with an injury attorney before sending your claim notification letters to the at-fault party or their insurance company.

You’ll need an attorney for a high-dollar claim or personal injury lawsuit to get fair compensation, especially if you were injured in a big-name corporate business. You’ll not only be up against the insurance company, but also an army of corporate defense lawyers.

Your attorney can negotiate a reduction of any medical liens so less of your injury settlement goes to medical bills.

Product liability is another complication that arises if your slip and fall was caused by malfunctioning machinery, like a leaking freezer at a grocery store, or a dangerous escalator in a public building.

Most law firms provide free consultations to slip and fall victims, and personal injury lawyers work on a contingency fee basis. With a contingency fee, your attorney doesn’t get paid unless they settle your claim or win an award in court.

It costs nothing to find out what an experienced personal injury attorney can do for you.