Product Liability Sample Demand Letter — Marketing Defect
Were you recently injured by a product that had no warning of its potential dangers? If so, you may be eligible to file a personal injury claim due to a marketing defect. Doing so could earn you compensation for any injuries, lost wages, or suffering caused by the accident.
The first step when filing a personal injury claim is to file a demand letter. Demand letters are official requests for compensation sent to the insurance of the company whose product harmed you.
They are formally written and provide a detailed summary of the accident, your injuries, and the bills for which you are demanding compensation.
For assistance in writing your demand letter, it is always wise to speak with an attorney — their legal expertise can guarantee that your letter has the best shot at getting you compensation.
However, if you’d like to get started yourself, you can write your own letter by following the template below.
Sample Marketing Defect Demand Letter
Demand letters are continually referenced throughout personal injury claims, so it is vital that they are well-crafted. When writing your letter, follow the format of this sample letter.
[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 referenced in our previous correspondence on May 17, 2015, please accept this letter as my formal demand for compensation following the injuries sustained due to your insured, Turtle Helmets.
I have only just fully recovered from the injuries caused by the product design of the bicycle helmet I purchased from Turtle Helmets. As you recall, I was wearing the allegedly "improved design" Model A helmet when I fell off of my bike and hit my head on the corner of the sidewalk. Due to the new design of the helmet, a portion of my head was exposed and impacted the ground, causing my injuries to be far more severe than if I had used an industry standard helmet design. This accident shows the inaccuracy and gross negligence of the Model A’s design process and places Turtle Helmets at fault for my injuries, bills, and lost wages.
On March 30, 2015, I was bicycling down Harper St. when my front tire snagged on a crack in the street. I was sent forward off of my bike and onto the blacktop, where my head collided with the corner of the sidewalk.
Disoriented and in pain, I immediately called an ambulance and was driven to Long Beach Urgent Care, where I was seen by Dr. Kyle Hepburn. After performing an MRI of my head and providing three stitches for the laceration on my right temple, it was confirmed by Dr. Hepburn that I had a severe concussion. I was told to stay home for two weeks to recover and was prescribed Xodol for the pain.
Here are attached my medical bills, which further outline the cost of my treatment:
Long Beach Urgent Care: $329.00
Dr. Kyle Hepburn: $492.00
Stitches and Head Treatment: $125.00
Xodol Prescription: $128.00
During the two weeks I was on rest, I was additionally deprived of $1,540.00 of salary pay. For these expenses and my unnecessary suffering, I am asking $7000 in compensation.
I hope to receive a timely response in no later than 30 days from the date of this correspondence.
[Your Name – printed]
When demanding compensation for your accident, be sure to request more money than the total of your medical bills and lost wages. This leaves comfortable room for negotiation later on in the claims process.
Seeking Additional Help from an Attorney
If you are interested in filing a personal injury claim, speak with an attorney today. They are well-versed in legal language and have experience in gaining compensation for others just like you.
For your best chance at getting the compensation you deserve for your product liability accident, contact a personal injury attorney today.