Get the settlement you deserve after a slip and fall injury caused by a wet floor. Use these valuable tips with our sample demand letter for compensation.
Slip and fall injuries are a common reason for insurance claims against stores and other businesses open to the public.
Many injury claims arise from falls caused by wet floors, where the property owner failed to protect their customers.
Property owners have a legal duty to protect their customers once they know or should have known about the hazard. A prudent store owner or employee will warn customers with “wet floor” signs or block the dangerous area from foot traffic until the wet mess is cleaned up.
Wet floor injuries can range from bumps and bruises to crippling, permanent injuries.
Serious injuries are high-dollar claims that should be handled by a personal injury attorney to maximize the victim’s compensation.
If your injuries are relatively minor, you can probably negotiate your injury claim on your own and end up with a fair settlement.
The active phase of claim negotiations kicks off when you send a formal demand letter to the negligent property owner’s insurance company.
Learn more about How to Write an Effective Demand Letter.
Assemble an Impressive Demand Packet
Wait to discuss settlement with the adjuster, no matter how much they push, until you’ve recovered from your injuries and returned to work.
In the meantime, gather copies of the documentation you’ll need to support your injury claim:
- Medical bills and treatment records
- Receipts for out-of-pocket expenses
- Lost wages verification
- Witness statements
- Photographs and video
If you fell in a store or other business, there might be video footage of your fall as it happened, and footage that proves how long the floor was wet before you came along. Ask the store, preferably in writing, to “preserve” any surveillance camera footage for the day of your injury.
The at-fault store won’t voluntarily give you a copy. However, if your claim turns into a lawsuit, your attorney can subpoena copies of the film footage.
Make copies of your evidence to send with your demand letter. Organize the original documents in your injury claim file.
To get started on your demand for settlement, use your bills, receipts, and wage loss statement to calculate the value of your injury claim.
Drafting a Professional-Looking Demand Letter
Your demand letter sets the tone for settlement negotiations. With a little attention to detail, there’s no reason you can’t draft a letter that’s just as impressive as one from an attorney’s office.
- Use your word processor program to eliminate grammar and spelling errors
- Manually verify the spelling of names and addresses
- Check your math and make sure dollar amounts are typed correctly
- Print your letter on good quality paper
Your demand letter should include:
- Statement of Facts: Describe in detail exactly how you fell on the wet floor
- Liability: Explain why the insured is responsible for your damages
- Injuries: Describe your injuries and their impact on your life
- Damages: A cost list of your damages
Sign your letter in blue or black ink. Make a copy of the entire packet for your file.
Send the letter by USPS certified mail, return receipt requested. When the green card comes back, attach it to your copy of the packet.
Sample Demand Letter for a Wet Floor Injury
Here is a sample letter to the insurance company after a slip and fall in a convenience store. Our fictional victim is demanding compensation for injuries from falling on a wet floor.
You can use our format and helpful hints to draft your own compensation demand letter.
Click for practical tips on writing your demand letter.
3252 E. Elm St.
Toledo, OH 43604
November 11, 2020
Classic Insurance Company
101 High Street, Suite 16
New York, NY 10002
Attn: Frank Wilson
Your Insured: Fast Stop Convenience Store
Re: Slip and Fall on October 5, 2020
Claim Number: PI0001246
FOR SETTLEMENT PURPOSES ONLY
Dear Mr. Wilson:
As you know, on the morning of October 5, 2020, I was seriously injured by a fall in the Fast Stop Convenience Store in Toledo. I violently crashed to the floor after slipping on spilled liquids in the aisle leading to the soft drink cooler. I suffered bruises and abrasions to my hands and a painful tendon strain in my left leg.
In addition to the pain from my injuries, I suffered the indignity of lying in a dirty puddle with bleeding hands and wet pants in front of several customers. To add insult to injury, the store clerk was rude and insulting. The injuries from your insured’s negligence caused me to miss four weeks of work.
If not for the negligence of the Fast Stop Convenience Store, I would not have suffered my injuries, lost wages, and pain and suffering. I still have leg pain that may continue for several more months.
STATEMENT OF FACTS
On October 5, 2020, at approximately 7:30 a.m., I went into the Fast Stop Convenience Store to buy some sodas and snacks for work. I headed down the aisle toward the cooler until I suddenly felt my legs go out from under me. As I fell, both my hands raked across the shelving, and my left leg twisted unnaturally underneath me.
As I slowly sat up, I realized I had slipped and fallen on a wet substance that looked and smelled like soda pop. As a result of the fall, my hands were bloodied, and my left leg was in great pain.
Two other customers, Cheryl Jackson and Mark Hudson, saw me fall and came to help me up. Ms. Jackson went to get the store clerk, who seemed to be the only worker in the store that morning.
The clerk, Karen Schmidt, was angry when she came over to where I fell. She rudely told me, “Everyone else managed to walk around that puddle this morning. I can’t do everything around here you know. I was going to mop that floor after the morning rush!”
Cheryl Jackson and Mark Hudson saw me slip and fall and heard everything the clerk said to me. They saw the puddle on the floor where I fell and noticed that the dark soda on the dark floor was easy to miss unless you were looking directly at the floor. Their statements are enclosed.
When I came to the Fast Stop Convenience Store that morning, I had no reason to believe the store floors were not clean and safe. I was not rushing when I walked towards the coolers. Just like any customer, I was looking at food items on the shelves to buy for a work snack.
There were no warning cones or wet floor signs. The clerk admitted she knew the spill was on the floor, and the spill had been there for a while. She decided to stay at the register rather than cleaning up the mess or even putting out a wet floor sign. I was injured by the negligence of your insured, through no fault of my own.
My leg hurt so bad that I hobbled out to my car and called my boss. I let him know what happened, then I drove straight to the Toledo Hospital emergency room.
INJURIES AND TREATMENT
I waited in pain at the emergency room for more than an hour before Dr. Fletcher saw me. After a physical examination, Dr. Fletcher diagnosed my injury as a severely sprained plantaris tendon in my left leg, and abrasions and bruising to both hands.
My hands were cleaned and bandaged. My leg was wrapped in a compression bandage. I was told to use ice packs off and on for a few days, and to take ibuprofen for pain and to reduce swelling.
Dr. Fletcher said my plantaris tendon would take between four and six weeks to heal. She said I would have to use crutches until I could walk on the leg without limping, and would need physical therapy to restore the use of my leg.
Because my warehouse job requires the use of both my legs, Dr. Fletcher ordered me to stay off work for a minimum of four weeks. She wrote me a referral to the Brookhaven Physical Therapy clinic located near my home.
I started physical therapy the following week. Despite the pain, I worked hard to restore the strength and mobility in my leg.
Because I did everything the doctor and therapist asked of me, I was released to return to work on November 2, four weeks after your insured caused my injuries.
I have been employed full-time for the last four years as a forklift operator at the Chief Construction Company warehouse on Euclid Avenue in Toledo. My job duties require me to use both feet to drive the forklift safely and both legs to climb in and out of the machinery, move inventory, and other tasks around the warehouse.
I’m a reliable worker with a family to support. Until your insured’s negligence knocked me off my feet, I had an excellent attendance record.
Being out of work for a month with no income was horrible. I’m the main breadwinner for my family. Because of my injuries, I couldn’t chase after our toddler, walk the dog, or help my pregnant wife with much of anything else around the house.
We couldn’t afford to hire help to shovel snow or bring in pellets for the woodstove. I felt useless and depressed, especially when we had to get help from our friends and family.
The following is a list of my damages related to this claim. Copies of medical bills and other supporting documentation are enclosed.
To compensate me for the physical pain, emotional distress, and the financial costs I suffered because of the negligence of your insured, I demand the total amount of $22,450 to resolve my personal injury claim.
Please respond within fifteen (15) business days. I appreciate your prompt attention to this matter.
Legal Help is Always Available
Most minor injury claims are straightforward. You can get to a fair settlement after a few rounds of offers and counteroffers. You sign your agreement, cash the check, and you’re done.
The toughest part of the claims negotiation process is dealing with the insurance adjuster. You just don’t know what kind of adjuster you’ll get.
If your claim hits a snag, it’s good to know you can contact an experienced personal injury attorney at any time during the negotiations process.
If your claim suddenly gets complicated, or the adjuster won’t come off a low offer, you have options. Don’t settle for less than you deserve, even if the adjuster tells you it’s their “final offer.”
It’s funny how quickly some adjusters will boost their offer once an attorney gets involved. Adjusters will often pay more to avoid the risk of a lawsuit against their insured.
Legal help is always available. Most attorneys don’t charge injury victims for their initial consultation. It costs nothing to find out what a good attorney can do for you.
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