If you have recently been injured by a product’s defective packaging, you may be eligible to file a personal injury claim. By filing and proving the negligence of the company whose packaging harmed you, you could receive compensation for your injuries, medical bills, and suffering.
Personal injury claims can be a bit intimidating, so it is always wise to speak with an attorney before filing. Attorneys can hep guide you through the process and provide unparalleled legal advice to help you win your case. However, if you’d like to get started on your own, you can begin with writing a demand letter.
Demand letters are detailed documents sent to a company’s insurance demanding compensation for an accident. All demand letters include five things: a) your information, b) an account of the accident, c) a list of your injuries and lost expenses, d) the requested amount for compensation, and e) any supporting documentation (bills, receipts, letters, etc.)
Sample Defective Packaging Demand Letter
Demand letters are referenced throughout a claim, so it is important that they are well-written, professional, and thorough. To insure your letter includes all necessary components, follow the example below.
[Your City, State, and Zip Code]
[Name of the Claims Adjuster]
[His or Her Job Title]
[Address of the Insurance Company]
[City, State, and Zip Code of the Insurance Company]
Re: Your Insured, [Name of the Defendant]
Claimant: [Your Full Legal Name]
Claim Number: (only include this if a claim number has already been assigned and you have received correspondence on the matter)
Date of Loss: [Date of the Accident or Incident that Caused Your Injuries]
Dear Mr./Ms. [Name of Claims Adjuster]
As mentioned during our previous correspondence on March 1, 2015, I am presenting this letter as my official demand for monetary compensation following the injuries sustained due to your insured, King Fortune Electrical Co.
I was badly injured due to the defective packaging and product design of the stand fan I purchased in February from King Fortune Electrical Co. As you recall, I suffered a broken finger from the fan due to the haphazard packaging of the blades in it’s box. The lack of consideration for customers’ safety when unboxing their fan blades makes King Fortune Electrical Co. negligent and responsible for the injuries I received from this accident.
On February 5, 2015, I purchased King Fortune’s TiO2 Upright Stand Fan from my local Walmart Superstore. Only moments after opening the box from it’s designated top flap to retrieve the fan, my hand got stuck between the fan’s mechanism and blades. After minutes of struggling, I had to call in my husband to help remove my hand. Once he pushed the fan box and blades away, my swollen hand was harshly removed from between the mechanism and it’s blades.
In immense pain, I was immediately driven to Silverton Memorial Hospital, where I was seen by Dr. Grant Kirkwood. After performing an X-ray of my hand, it was confirmed by Dr. Kirkwood that I had a broken pointer finger and a severely bruised hand. I was told that I would require a hand cast for six weeks and was prescribed Naproxen for the pain.
Here are attached my medical bills, which further outline the cost of my treatment.
Silverton Memorial Hospital: $472.00
Dr. Grant Kirkwood: $412.00
Hand Setting and Cast: $147.00
Naproxen Prescription: $103.00
During the six weeks I had my cast, I was fatigued from the pain medication and also unable to continue work as normal. The resulted in a 43% drop in commission due to my inability to type. It is for these many reasons that I am demanding compensation in the amount of $8,000.
I hope to receive a timely response in no later than 30 days from the date of this correspondence.
[Your Name – printed]
Note: the amount you demand for compensation should always be greater than the cost of medical bills and lost wages. Later on in the negotiation process, this will help to ensure you receive an amount that is satisfactory, even if the number goes down.
Seeking Additional Help from an Attorney
When filing a personal injury case, there is no substitute for an experienced personal injury attorney. They can not only assist you with your demand letter, but with every aspect of the legal documentation and claims process.
If you are interested in filing a claim regarding your accident, speak with a personal injury attorney today.