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Legal Demand
Letter for
This page gives a sample legal demand letter and
some important
tips to help you win fair compensation for your slip and fall claim. If
you haven't
read the page on how to
write a Notification
Letter for a Slip and Fall Injury Settlement, do it NOW,
before
going further. |
(Your Name and Address) MS.
SUZANNE T. PIERCE
15562 Ellington Avenue Dallas, TX 75247
Email: stp43@logo.com
Telephone: (214) 689-46X9 February 14th, 2011 (Date of Letter) Mr. John Dexter Claims Adjuster ABCD Insurance Company Anytown, NY 11772 Re: SWEENY’S STORE NO. 804 1815 Marsh Lane Dallas, Texas 75247-4393 Claim Number: 68552 Date of Loss: 1/05/2011 Dear Mr. Dexter: As you know, on January 5th, 2011 while shopping at Sweeny’s Supermarket, Store Number 804, I was seriously injured when, as a result of your insured’s negligence, I slipped and fell. It was about 2:00 p.m. The day was dry and cool. I had been at the gym earlier that day and I still had on my sweats and running shoes. I was on my way to pick up my children from school at 3:15 p.m. I was early so I decided to stop at Sweeny's to do some food shopping. I didn’t need one of the large shopping carts. I took one of the hand held baskets available when you enter the store. I first went to the cereal aisle to pick up some cereal. Then I walked over to the vegetable aisle. As I was slowly moving down the aisle I noticed the mist used to keep the vegetables fresh was turned on. I was just about halfway down the aisle when suddenly, and without warning my legs went out from under me. As they did I fell backwards and finally landed on my lower back. As I did, my head slammed into the hard floor. The cereal and few vegetables I had in my basket flew everywhere, as did the basket itself. When I came down on my back and slammed my head into the floor the first sensation I experienced was excruciating pain. I felt like someone had taken a baseball bat and hit me across my back as hard as they could. My head felt as if I was underwater with a dull, throbbing pain. Fortunately one of the shoppers saw what happened and came to my side. Apparently others called out for the manager. While lying there in pain I began to think that I must be bleeding heavily, because my sweats were soaking wet. As the seconds passed I kept going in and out of consciousness. I do remember the paramedics slipping a board underneath me and then putting around my neck what I now know was a cervical collar. I remember asking how badly I was bleeding. The paramedic said to me “You’re not bleeding. You’re just soaked with water.” The woman who had earlier come to my aid had given the paramedics a piece of paper with her name and telephone number on it. Under her telephone number she had scribbled the words “I’m a witness.” I was taken to the Emergency Room at Parkland Hospital in Dallas. The doctor sent me up to have an MRI (Magnetic Resonance Image). He also ordered a CAT Scan (Computerized Axial Tomography) for my head. I remained at Parkland Hospital overnight for observation. The next day, January 6th, I was released. The Doctor told us the X-rays were clear. The MRI though showed a herniated disk in my lower back. He told us there was a 90% chance I would not need surgery and that with bed rest it would eventually heal. I told him I was a hair stylist and had to be on my feet most of the day using my arms and hands to style hair. He said if I didn’t rest at home for at least two weeks there was a significant chance the disk would not heal properly. He prescribed Flexeril for muscle spasms and Hydrocoedine for any pain. During my recovery period at home I suffered from depression and anxiety directly related to my pain and discomfort, as well as my inability to work or care for my husband and children. My Doctor also prescribed therapy for my back. He referred me to a Chiropractor. After my initial recovery period at home I continued to suffer pain and discomfort, together with bouts of depression and anxiety. I am continuing physical therapy at my Chiropractor and will continue to do so into the foreseeable future. On January 5th, 2011 at store number 804 in Dallas, Texas I slipped and fell causing my life to change immeasurably. I fell because Sweeny's misting system caused water to accumulate on the floor by the vegetables. Because it was clear water I could not see it. There were no pylons, nor was the wet area cordoned off. Although the store has many employees none of them had mopped up the water. I find it incredulous that with the many employees in the store not one of them saw that the floor was dangerously wet. The water must have been accumulating for some time. Sweeny's was utterly negligent in allowing the water to accumulate to such a dangerous level. It was further negligent in not setting up pylons or cordoning the wet area off so as to advise the public of the dangerous conditions. As a direct and proximate result of Sweeny's negligence I suffered, and will continue to suffer pain and discomfort into the foreseeable future. I will require additional Doctors’ visits and further observation. As a further result of Sweeny's negligence I was unable to work for two (2) weeks. I make seven ($7.00) dollars an hour as an hourly employee. I also work on tips. My average weekly earnings have been about six hundred ($600.00) dollars. I am able to substantiate this by the weekly deposit slips into my checking account. During my initial recovery any sudden movement in my bed caused pain to shoot up my spine. As a result my husband was relegated to sleeping on the couch for two weeks. As a direct and proximate result of Sweeny’s negligence I suffered the following damages:
I have enclosed copies of the medical and chiropractic bills I incurred since January 5th. I have also enclosed copies of receipts for my medications from Walgreens Pharmacy This whole affair has been one of the most difficult times of my life and of my family’s. It is something which will stay with me for a long time. The trauma of the incident still affects me, causing depression and anxiety. Your insured changed my life. I don’t know how long I will it will be before I can effectively perform my duties as a Hair Stylist. Before the collision I looked forward to each new day. Since the collision I am anxious and hesitant when I’m walking. I am wary of any water or other substance which could cause me to fall again. I walk at a much slower pace now, often lagging behind my children. Your insured robbed me of the pleasure of each day. I will never be the same. As a result of these injuries and my continuing pain and suffering, I demand compensation in the amount of Forty Five Thousand Four Hundred Fifty ($45,450.00) Dollars. Under the circumstances the demand is fair and reasonable. Yours truly, _________________ Suzanne T. Pierce |
-----END Legal Demand Letter for Slip and
Fall Injury-----
Now you have carefully put together your legal Demand Letter. You have used the tips on this website and time-honored successful methods to present your injury claim to the adjuster. What now?
Don’t worry. If you have followed all the directions, suggestions and tips we have offered then you are on the right course to settling your claim. It’s best to wait at least two (2) weeks after you have sent the letter before you call the Adjuster. By that time you may have already heard from him and will be well into your oral settlement negotiations.
If you haven’t heard from the Adjuster in about thirty (30) days definitely give him a call. If you get his voicemail don’t sound upset or anxious. Just leave your name, the Claim Number and your telephone number.
You can leave a brief message saying:
“Hello my
name is ______. My telephone number is _______. The
Claim Number is _______. It’s been about thirty (30) days and I
haven’t heard from you. Please give me a call so we can talk about
settling this claim. Thank you.”
The Adjuster is not ignoring you. That’s not part of his settlement strategy. He is probably just busy with other claims.
Don't call the adjuster too early, have patience. Calling the Adjuster too early may indicate to him that you're in a hurry to settle. You don't want him thinking you'll take a lower payout because you need the money now. Remember, insurance adjusters need to settle claims. The last thing an adjuster wants is to have unsettled claims sitting on his desk forever.
Again, above is a sample legal DEMAND letter (it's not the first step in the claims process). First you would send a NOTIFICATION letter. If you haven't read the Slip and Fall Injury NOTIFICATION Letter, do it now.
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