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Sample Letter
of Demand for
Dog Attack Victims
This page gives a sample letter of demand for
pursuing a personal injury settlement after a dog attack. If
you haven't
read the page on how to
write a Notification
Letter for Dog Attack Victims, do it NOW,
before
going further.
Let's continue from the conclusion of the Notification Letter...
Months
have passed since the day you were attacked by a dog in
your neighborhood.
You've taken a lot of medication and endured
repeated trips to the Doctor for continued treatment of the dog bites.
After visiting several plastic surgeons you
chose the one you feel most comfortable with and have an
explanation of costs. Your physical therapy is near completion and you're
getting close to being able to run again. The time for moving on to the next phase of
your personal injury claim is approaching...
You
should have already spoken with your medical providers and asked
them to wait to be paid until you
settle your personal injury case. If you don't they may send your
overdue bills to a collection agency. But most doctors and other
medical offices will accomodate you since it's in their interest.
Now it's time to send the DEMAND LETTER to the Insurance
Company. In the letter you will clearly list your costs for treatment and other damages. Before you do, make
sure you account for every receipt or bill you
accumulated as a result of the dog attack.
You will also include as part of your final demand an amount for Pain and
Suffering. Although the amounts you owe to physicians and the
like are quantifiable, amounts for Pain and Suffering are
not. This amount is clearly up to you. Don't be afraid to demand
an amount you feel equal to your suffering.
Before you decide on an amount sit quietly for some time and try and
recall your fear, panic, depression and any other
negative feelings that have plagued you since the day
of the attack.
Obtain a letter from
your employer confirming your absence
from work and your pay at the time of the
attack. Make sure the letter is on official company letterhead. The insurance adjuster will require a copy of this from you.
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With the above in mind it's time to begin. You are on your way
to settling your case and you have arrived at this point by your own
hard work and initiative.
Below is a
SAMPLE letter of demand...
When writing your own letter, try to follow the
substance of the following sample letter of demand as best you can, without copying it directly.
-----START Sample Letter of Demand for Dog
Attack Victims-----
(Your Name and Address) MR.
JONATHAN L. PIERCE
15562 Ellington Avenue
Dallas, TX 75247
Email: jlp43@logo.com
Telephone: (214) 689-46X9
March 14th, 2011 (Date of Letter)
Ms. Averill Harriman
Claims Adjuster
ABCD Insurance Company
Anytown, NY 11772
Re: YOUR INSURED: ART
BELMONDO
CLAIM
NUMBER: 2665.11
DATE OF
LOSS: 12/12/2010
Dear Ms. Harriman:
As you are aware, on December 12th, 2010 at about 6:30am I
was enjoying my daily run. Until that day I had been running
as a form of exercise for over ten (10) years, and for most of that
time I had been using thee same route. I normally left my home on
Ellington Avenue, proceeding down Main Street, past Empire Avenue and
then back the same way.
In all those years I had never once
been attacked by an animal. I have always been a cautious and
courteous runner, taking care to run as close to the middle of the
streets as possible so as not to stir up dogs and their barking.
It was about 7:15 the morning of December 12th. I was on the return leg
of my run turning onto Empire Avenue, when suddenly and without warning
or provocation from me, I was attacked by a dog I later learned was
owned by your insured, Mr. Art Belmondo.
Your insured’s dog
grabbed onto my right calf, biting so hard I thought my leg had just
been cut in half. I did all I could to extricate myself, and
in so doing was knocked to the ground. With your dog continuing to tear
at my flesh the pain became so overwhelming I felt I was going to pass
out.
The next thing I remember is a man yelling at the top of his lungs
wielding a baseball bat. As he did the dog finally freed his vice-like
grip from my calf. As the dog ran away a Good Samaritan, who
I later came to know as Kenneth Norton, knelt down at my side asking if
I was alright. I was still in what I can only describe as searing hot
pain. I was bleeding profusely and had a gaping hole on my right calf.
It was as if someone took razor blades and sliced my calf up and down.
When the Paramedics arrived they stabilized me and transported me to
the Emergency Room at Parkland Hospital in Dallas. The bite was so
severe my Tibia bone could be seen. X-rays were taken and
revealed a fracture of the Tibia. I received fifty seven
(57) stitches and was kept in the hospital for two (2) days. During that time I was on a constant drip of saline and
antibiotics. As you also know the Police were dispatched to
your home to discern whether your dog was current in his shots.
Once released from the hospital I began my recovery. The dressing on my
leg has to be replaced every four (4) hours, twenty four (24) hours of
every day. I was ordered by my Doctors to keep off my feet as much as
possible, because not doing so might cause the stitches to separate and
infection to set in.
I own my own small construction company. Our customers are mostly
homeowners. We build room additions, install new kitchens, paint homes
and generally perform those functions needed by homeowners.
I have two
employees. Although they are here legally they are not fluent in
English. There are projects I have received partial payments
on and will be unable to finish for several months during my recovery.
I stand to lose many thousands of dollars as well as present and future
customers, all as a direct and proximate result of your insured’s
negligence. My employees are hard working and loyal laborers and have
worked with me for over ten (10) years. They count on me to provide
enough work so they can feed their families.
The Doctors told me with a hole that large in my leg there was a high
probability scarring will occur. They advised plastic surgery
would be able to eliminate much of the scar, but that I would have to
wait at least a year while the tear in my flesh properly healed.
During the first two (2) months of recovery the Doctors advised my wife
and I to sleep in separate beds because an accidental kick by my wife
could tear one or more of the stitches.
I am now close to the conclusion of my physical therapy. I
have also consulted with Dr. Marcus Frazier, a renowned Plastic Surgeon
in this area. The pain and suffering I have and
will continue to endure is demoralizing. I continue to suffer
severe depression, anxiety and guilt directly resulting from your
insured’s negligence in failing to maintain of his dog.
While
recovering I incurred substantial bills and may continue to do so for
many months. I have lost many of my existing customers as
they had to pay other contractors to complete the home improvement
projects I started. I don’t have the money to reimburse my former
customers for their losses in having to hire another crew to complete those jobs. One of my greatest regrets is losing my
two long-time employees to other companies. They also had to provide for
their families.
On that November day my life was radically and inexorably changed
forever. The damages I have suffered, and will continue to suffer include, but
are not limited to the following:
- Ambulance
$210.00
- Emergency Room
$375.00
- Emergency Room Physician
$750.00
- X-Rays
$480.00
- MRI
$1,700.00
- Stitches
$320.00
- Antibiotics
$280.00
- Saline and Other Drips
$425.00
- Opiods for Pain
$485.00
- Past and Future Lost Income
$6,700.00
- Loss of Consortium
$2,500.00
- Daily Nursing Costs
$1,200.00
- Future Doctors' Visits
$1,500.00
- Bandages and Dressings
$450.00
- Future Plastic Surgery (Approximate)
$15,000.00
- Sub
Total:
$32,375.00
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 and all other paperwork related to my losses.
As a direct and proximate result of your insured’s negligence I have
suffered actual and future damages, including constant pain and
discomfort. I have lost my business and employees as well.
The
trauma of the ferociousness of the attack continues to cause nightmares
and depression. Your insured’s culpability has been well established by
the facts and the witnesses. I don’t know how long it
will be before I can perform the duties of my job as an Independent
Contractor.
Before the attack I looked forward to each new day. Since
the attack I am afraid to walk down the street, as my running days are
for now over. Your insured’s dog and your insured’s
negligence in failing to control his dog evidence a clear and
unarguable culpability.
As a result of these injuries and my continuing pain and suffering, I
demand compensation in the amount of One Hundred Fifty Two Thousand
Eight Hundred Seventy Five ($152,875.00) Dollars. Under the circumstances the demand is fair and
reasonable.
Yours truly,
_________________ Jonathan L. Pierce
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-----END Sample Letter of Demand for Dog
Attack Victims-----
You have now sent the
Demand Letter to the insurance claims adjuster. She will be contacting
you to arrange for review of all your
bills, receipts and other supporting evidence. While you are
waiting, make sure you are thoroughly familiar with all of your
supporting documentation. This will put you in the best position possible to
negotiate.
Doing
what you've already done has afforded
you respect from the insurance adjuster. She knows you are serious and
professional in your approach, and will respond to you in kind. After
she receives your demand letter she will call you to start formal oral
negotiations to arrive at your final personal injury settlement amount.
Using the tools and strategies provided on this website you can be sure your negotiations will be informative, knowledgeable, and most
importantly, persuasive.
Remember, you want your letters to stand out from the crowd and grab
the attention of the reader.
Again, above is a sample letter of DEMAND (it's not the first step
in the claims process). First you would send a NOTIFICATION letter. If you haven't read
the NOTIFICATION Letter for Dog Attack Victims, do it now.
Return
from Sample Letter of Demand to Dog
Attacks
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Demand
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