Have you sustained a personal injury? Do you believe a person or company owes you compensation? If you would prefer to settle out of court, I am providing a sample “settlement demand letter” you may use as a template in your own case.
WHAT IS A SETTLEMENT DEMAND LETTER?
A Settlement Demand Letter is simply a letter you write and send to the person or company asking them to compensate you. You do not have to have a court case filed in order to ask for or receive monetary compensation. However, it is entirely up to the other person or company whether to decide to pay you without a court ordering them to pay. Their primary incentive is typically to avoid the time and costs of litigation (i.e., court costs, attorney fees, etc.).
A BRIEF HISTORY OF MY QUALIFICATIONS
After earning a BA in psychology (1998) and a JD in law (2001), I took and passed the Washington State Bar Examination. In 2002, I established a family law practice in Seattle, Washington. As a family law attorney, I provided affordable legal services to a diverse community while also performing all administrative law firm duties. Interviewing and counseling clients in addition to managing ongoing cases was a major component of my law practice. I was a committee member of the Washington State Bar Association Young Lawyers Division Membership Committee through which I recruited and managed volunteers for various community service projects. Eventually, I began working with the Washington State Division of Child Support Enforcement. Needless to say, I am quite comfortable writing people to request payment.
THE LETTER TEMPLATE
[Your Name, Address, and Other Relevant Contact Information] Stephanie Smith
123 Main Street
Any City, New York 12345
[The Date You are Writing this Letter] July 21, 2007
[The Person or Company’s Name
The Person or Company’s Address] Mr. John Jones
456 Broadway
Any City, New York 67890
[Dear Mr./Ms. Last Name Here:] Dear Mr. Jones:
[Tell them the purpose of this letter.] I am writing to you in regard to the automotive accident that occurred on June 29, 2007 in which you were driving a 2003 Ford Escape that rear-ended the 2005 Honda Civic I was driving. For reference, the incident number as filed with the New York City police department is incident number 1234567.
[Include the medical, physical, and lifestyle effects of the accident in this section.] Prior to this accident, I was not under a doctor’s care for neck pain. On the date of the accident I went to St. Mary’s Hospital in New York, New York. After taking X-rays, Dr. Johnson, the emergency room doctor, suggested I see my primary care physician. Dr. Johnson directed me to take Flexeril for the muscle pain. When I called my primary care physician for the appointment, I was referred to Hudson River Orthopedic Center in New York, New York where I was treated by Dr. Timothy Morgan and by the Rehabilitation Department from June 30, 2007 through the present. During the first week after the accident, I spent almost all my time in bed recovering. During the treatment period, I was unable to lead the lifestyle I had before the accident. I have experienced neck pain from time to time since the accident through the present time, which has adversely affected the quality of my life. I use a TENS machine and Celebrex to treat the recurring pain.
[Tell them what you want here.] For the damages I incurred, I request to receive compensation in the amount of $33,500.00.
[State a date by which you require a response. Include what may happen if they do not respond or you cannot come to an agreement.] Please inform me in writing by August 4, 2007 whether you intend to comply with my request. If I do not hear from you or we cannot reach an agreement, I may unfortunately find it necessary to seek relief in court. Please keep in mind that judicial relief may include, but is not limited to: compensation for hospital and follow-up medical care; compensation for pain and suffering; any other damages I sustained; court costs and attorney fees. I reserve all rights I may have. I neither waive nor abandon my rights by sending you this letter prior to filing suit.
[End the letter on a positive note.] Thank you, in advance, for your attention to this matter.
[Salutation
Your signature
Your name printed] Sincerely,
[signature]
Stephanie Smith
[Notation that you are also sending a copy of this letter to another person or company. In this example, a copy of this letter is sent to John Jones’ automobile insurance company.] cc:
Attn: Melissa Hansen
Farmer’s Insurance Company
P O Box 123456
Boston, MA 00000
FOLLOW-UP
After you have sent the letter to all involved parties and retained a copy for yourself, it is up to you whether to accept any offer you may receive. If you do not receive an adequate offer, you may decide to hire an attorney or to proceed in court pro se, which means you will not hire an attorney and will represent yourself in court.
