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If you are injured due to the negligence of a business or organization and want to file a general liability claim with their insurance company, you must write and submit a demand letter. The demand letter will be used as a reference during negotiations for your claim, so it should be as detailed as possible.
A general liability claim covers any injury you may have received due to the negligence of a business. Your sample demand letter should include the following important information about your claim:
- Your injuries and how much pain you endured during the accident and through your entire course of treatment.
- Why the business is legally responsible
- Your medical treatment history and costs
- Your income loss: Past and future medical and chiropractic expenses, out-of-pocket expenses, and lost wages
- Any other damages
You should also emphasize in your sample demand letter any negligence or general liability the other party may have caused you. It's important to deny any fault, even if you're unsure you had some part in it. Start by describing how the accident happened and why the insured person was at fault.
You should briefly describe where you were and what you were doing immediately before, during and after the accident. In addition, emphasize the severity and duration of your pain and how it has negatively affected your daily life and ability to work. You should also mention any additional evidence you may have gathered including a police report or eyewitness statements.
If you need to write a detailed and well-written sample demand letter for negligence, you should consider enlisting the help of a personal injury attorney to ensure that negotiations involving your claim go smoothly. An attorney can help you write a strong demand letter and help to include appropriate documentation to settle your claim quickly.
Sample Demand Letter in a General Liability Claim
The following sample demand letter shows what types of information and details are important to include.
[Your City, State, and Zip Code]
[Name of the Claims Adjuster]
[Their 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 number if a claim number has already been assigned to you, and you have already been contacted about the matter.)
Date of Loss: [Date of Accident or Incident in which the Medical Malpractice Took Place]
Dear Mr./Mrs. [Name of Claims Adjuster],
As I notified you on May 20, 2013, I was injured on the premises of your insured, Central Winds Hotel, on May 2, 2013, in Fort Lauderdale, Florida. I was walking on the first floor of the hotel and entered an escalator to a shopping area on the second floor. As I entered the escalator, the revolving steps snagged on my pant leg and pulled me upwards, causing me to fall back and sprain my neck. I also suffered considerable scratching on my ankle from the stairs. It was found that the insured had scheduled a maintenance person to come later that day to fix the faulty escalator, but failed to put up a sign and keep the escalator turned off until it was repaired.
I was seen that night in the emergency room of Bay View Hospital, located at [insert address], where I was examined, x-rayed, and given a pain medication for my back: [insert medication name]. I had to miss work due to my injuries for two weeks, from May 3 – 17, 2013, as documented in a work restriction note from the ER physician, Dr. Louisa Hill, M.D., and the attached statement from my employer, Stanton Software, Inc.
The absence required me to use all of my personal days for the rest of the year, which caused me to have to cancel a planned vacation week for Hawaii in October.
I’ve healed from my sprained back, but continue to suffer from pain related to the injury. My physician Dr. Connor Malcolm, M.D., referred me to Sunny Crest Physical Therapy for two months of physical therapy once a week, which I will begin next week.
The expenses for my treatment, documented by the attached bills, include:
Bay View Hospital: $512.00
Dr. Louisa Hill: $60.00
Prescription Medication: $27.00
Dr. Connor Malcolm: $88.00
Required physical therapy: $800.00
Due to the negligence of Central Winds Hotel, I experienced pain and suffering due to my injuries. I also lost out on wages due to missing work. As a result, I am seeking damages in the amount of $4,000.00.
I expect to hear back from you in a timely manner of no more than 30 days from the time of this letter.
[Your Name – printed]
Note that it is a good idea to demand 50% to 100% more than the actual expenses related to your medical treatment. This way, there is room to negotiate that you will receive a fair and reasonable settlement.
Getting Help with a General Liability Claim
Demand letters are important to ensure that the appropriate details and information are included in your negotiations. A personal injury lawyer can help you use the correct language in your demand letter and determine a fair amount of compensation. They can also assist you in deciding whether or not it is a good idea to file a lawsuit.
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