Personal Injury Demand Pain and Suffering Letter Example

Has someone injured you in an accident due to negligence, and you are seeking fair compensation? Then a personal injury demand letter is the primary tool to achieve that goal. This letter details your injuries, the at-fault party’s liability, and the damages you’re demanding, including pain and suffering compensation. Writing a strong demand letter is an essential part of the negotiation process and should help you get the settlement you deserve. At Burger Law, 500 N Broadway #1860, St. Louis, MO 63102, we have helped St. Louis clients recover full and fair compensation for their injuries more times than we can count.

How to Write a Personal Injury Demand Letter

When drafting a personal injury demand letter, it needs to be clear, concise, and detailed with supporting documentation. This letter is more than a request for compensation; it’s a strategic document with 2 purposes 1) to make your case, 2) to set the tone for negotiations.

Step 1: Summarize the Accident

Open the letter with a short but specific description of the accident. Include:

• The date, time, and place: For example, “On Jan. 20, 2023, at about 3:00 p.m., I was injured in a car accident at the intersection of Main Street and 5th Avenue in downtown St. Louis, Mo.”
• How the incident happened: Be clear about how the negligence of the at-fault party caused the accident. For example, “The crash occurred because the driver of Vehicle X failed to yield on a stop sign.”

This part lays the groundwork for your case by outlining the negligent party’s behavior and what specifically caused the accident.

Step 2: Describe Your Injuries and Medical Treatment

Describing your injuries is essential since it will explain the justification for your compensation claim. Be specific and rely on facts to explain:

• The injuries you sustained: e.g. “I sustained a fractured tibia, a concussion, and severe whiplash.”
• The treatment received: List every relevant type of treatment, including surgeries, hospitalizations, physical therapy, or continuing care.
• Supporting documentation: Include copies of medical records, doctor’s notes, and invoices to back your claims.

With Casepeer, you would attach thorough treatment and expense records to help the insurer see the totality of the injury, making sure your claim is backed up by tangible proof.

Step 3: Outline Your Damages

Your demand letter should detail the amount of your financial and non-financial losses because of the accident. This includes:

A. Economic Damages

These are direct financial losses and include:

• Medical expenses: Period costs for hospital visits, medications, surgeries, and therapy.
• Lost wages: Add up income you lost while missing work during your recovery.
• Property damage: Keep a record of repair or replacement costs for damaged property, like a vehicle.

B. Non-Economic Damages

Included in this are even intangible losses, like:

• Pain and suffering: Describe how the injuries have caused you physical pain or emotional suffering.
• Loss of enjoyment: Explain how the injuries have put a damper on your ability to do things you used to enjoy.

A detailed calculation of your damages bolsters your claim. As the GSA’s Standard Form 95—Claim for Damage, Injury, or Death explains, careful documentation of financial losses and non-economic impacts helps ensure that all damages are included in your request.

Step 4: Support Your Case with Evidence

Supporting your assertions is key to making your demand letter credible and persuasive. Include:

• Police report: This can help to prove the at-fault party’s liability.
• Medical records: These show the extent of your injuries and the treatment you have received.
• Photographs and videos: Visual evidence of the accident site or your injuries can help make your case more compelling.

According to Casepeer, providing well-organized evidence in an orderly fashion not only proves to substantiate your claim but would reduce the areas of contention being negotiated.

Step 5: Make a Clear Compensation Request

Close your letter with the amount you are requesting as total compensation. This number should be based on:

• Your documented medical expenses.
• Lost wages.
• Pain and suffering damages.

Make sure your request is reasonable and is backed by the facts outlined in your letter.

What Must You Include in a Personal Injury Demand Letter?

There are certain elements that an effective personal injury demand letter must contain to help make your case and justify your request for compensation.

1. Details of the accidental injury: Clearly explain what happened, when, and where Use language that is not subjective, and cite any police reports or eyewitness statements to help you.
2. Description of Injuries Describe any injuries you sustained and what consequences they had on your everyday life.
3. Enclosures: Include any relevant documentation, such as medical records, photos of injuries, and documentation of damages.
4. Amount of damages: Provide the total amount that you seek and any calculations of your economic and non-economic damages.

As stated in GSA’s Standard Form 95, you should be as complete as possible in documenting damages so that all aspects of your claim are addressed and the need for negotiation (and potential disputes) is minimized.

Sample Demand Template for Personal Injury Claims

A basic template for preparing a demand letter is as follows:

[Your Name]
[Your Address]
[City, State, ZIP Code]
[Date]

[Insurance Company Name]
[Claims Adjuster’s Name]
[Address]
[City, State, ZIP Code]

Demand for Compensation – [Claim Number]

Dear [Adjuster’s Name],

I was [describe how you were injured] in an accident caused by your insured, [At-Fault Party’s Name] on [Accident Date]. The accident took place at [Location], and it was caused by [wrongs of At-Fault Party i.e. colide with the red signal or failure to make way].

Directly as a result of the accident, I… [List Injuries] that required the following medical treatmentMy injuries have altered my life in every way possible from going to work to regular life.

As of all this; damages I have incurred:

• Medical Expenses: $[Amount]
• Lost Wages: $[Amount]
• Additional Expenses (if necessary): $[Amount]

In addition, I am entitled to damages for pain and suffering, as I have experienced constant physical and emotional pain as a result of my injuries. Given my reasoning above, I am seeking $[Total Compensation Amount] to settle this claim.

Attached is helpful supporting documentation in the form of medical records, bills and a copy of the police report. I would appreciate if you would reply within [Timeframe] of this letter.

Sincerely,
[Your Name]

Here’s a way to stay organized and ensure you’re covering the most important details — by using templates like this. As Casepeer notes, making sure your demand letter is professional and thorough increases the odds of a favorable settlement.

Why Is a Personal Injury Demand Letter Important?

A personal injury demand letter is important because: It lays the foundation for negotiations and gives the other side clarity on your claim It’s the first substantive document in your file if the battle cannot be fought in the negotiations.

1. Establishes the Facts of the Case

A demand letter captures the details of the accident, describes your injuries, and states the settlement you are seeking. It also helps confirm who’s at fault and formally notifies the other party of your plans to seek compensation. This step will make sure both parties are clear on the claim.

2. Facilitates Settlement Negotiations

A demand letter presents your case in a professional and organized way to the insurance company providing them with a cause to negotiate a fair settlement. As explained by HG. Get news, tips, and advice personalized to your financial situation Demand letters are a crucial first step in starting settlement negotiations and emphasizing the seriousness of your claim, according to ask the judge.

3. Provides a Record of Communication

Demand letters are also considered official documentation of your claim. If your case goes to court, the demand letter serves as proof that you tried to resolve the issue without going to court. How clearly and comprehensively the letter is written will be crucial to substantiating the legitimacy of your case.

Contact Burger Law Today to Strengthen Your Case

At Burger Law, we are experts at creating effective demand letters that get you maximum compensation for your injuries.

Reach us now at (314) 500-HURT to set up your free consultation with a personal injury lawyer or contact us online. We will fight to protect your rights and get you the justice you deserve.