Demand Letter for a Slip and Fall Claim Against a Chain Restaurant
If you slip and fall at a large chain restaurant and suffer injuries, you have the option to file a personal injury claim, and money from this claim can help you pay for any resulting medical bills or living expenses.
The first step towards filing a successful personal injury claim is writing a demand letter and sending it to the insurance company of the establishment. Restaurant chains usually have large, involved legal teams and insurance companies at their disposal, so present as thorough and detailed of an account of the incident as possible. Your demand letter will be referred to throughout the negotiation process.
Make sure to enclose any related medical bills with your letter.
Sample Demand Letter
Use the following sample demand letter as a guide while writing a letter of your own. It includes all of the information and details you should consider including.
[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 Incident Took Place]
Dear Mr./Mrs. [Name of Claims Adjuster],
In response to our previous communications concerning the matter mentioned above, please accept this letter as a formal demand for compensation.
Recently, I finished medical treatment for the injuries I sustained while dining at one of the locations of your insured establishment, El Cantina Tacos. On August 30, 2015, I was eating at El Cantina Tacos in [insert location] with a friend. It happened to be a busy night, and another patron spilled a margarita on the floor. At one point during my meal, I got up to go to the bathroom and slipped on the spilled margarita, falling backwards and hurting my back.
El Cantina Tacos is negligent and therefore, liable for my injuries for the following reasons. First of all, the margarita had been spilled for at least half an hour before I slipped on it. I confirmed this with the patron who spilled the drink. None of the wait staff or other staff members acknowledged the spill, made an effort to clean it, or put up signage to warn other patrons of the spill. This is in violation of safety codes for the building.
After my fall at El Cantina Tacos, I visited my primary care doctor when the pain in my back and shoulders didn’t subside after two days. Dr. Francis Roy performed an x-ray on my back and diagnosed me with a slipped disc in my shoulder. He treated the injury and prescribed me a pain medication, [name the medication]. I was also advised to stay home from my job at GymWorks, where I teach yoga. As my job is extremely physical, by working I would not be able to safely recover from my injury.
My medical bills are outlined as follows, and attached to this letter.
Dr. Francis Roy: $450.00
Prescription Pain Medication: $36.00
Due to the negligence of your insured, El Cantina Tacos, I suffered severe pain in my injured shoulder and back. I missed two weeks at my place of employment, GymWorks, which resulted in $1,347.00 in lost wages. Because of the scenario described in this letter, I am seeking settlement in the amount of $3,500.00.
I expect to hear a response in no more than 30 days from the time of this letter. I appreciate a timely reply.
[Your Name – printed]
Keep in mind that by requesting an amount of compensation that is more than the total costs of your medical expenses and lost wages, you are leaving room to negotiate and gain a fair settlement. For large chain restaurants, it is expected that they will aim to negotiate and dispute your claim.
Getting Help with Your Personal Injury Claim
It is strongly advised that you retain a personal injury lawyer for a personal injury claim that involves a large chain restaurant. By finding a lawyer who specializes in these types of cases, you are ensuring a maximum chance for a successful settlement.