Legal Demand Letter for Slip and Fall Injury Settlements...

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.

Let's continue from the conclusion of the Notification Letter...

Imagine it's been about 6 weeks since your slip and fall incident. You've had many visits to the doctor and endured a slow and painful recovery. Even with all the treatment, your back will never be the same. The doctors offered surgery as an alternative but they say the chances of complete success are low. Your physical therapy is near completion and you seem to be able to sleep through the night without waking from pain.

You should have already spoken with your medical providers and others who aided you, urging them to agree to wait to be paid until you settle your personal injury case. If you don't take this step they may give your overdue bills to collection agencies.

You are now ready to send your legal demand letter which will start verbal negotiations with Sweeny's insurance company. After that you will attempt to negotiate a settlement for the damages you suffered as a direct and proximate result of Sweeny's negligence.

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Make sure you account for every receipt and bill you accumulated as a result of the slip and fall injury. In the legal demand letter you will clearly list the creditors and the amounts owed to them.

You will also list as one of your demands an amount for "Pain and Suffering" or "Mental Anguish." As we previously discussed, these phrases are interchangeable. In your legal demand letter use only one or the other, not both. Be consistent.

Although the amounts you owe to physicians and the like are directly quantifiable, amounts for Pain and Suffering are not. The 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 other feelings of dread which you felt starting on the day of the attack.

You also have to get a letter from your employer confirming your absence from work and the amount of your pay at the time of the injury. Make sure the letter is on official company letterhead. The insurance adjuster will require this from you.

Below is a SAMPLE legal demand letter...

Try and match the substance of the following legal demand letter while substituting in the specifics of your case.

(Your Name and Address) MRS. SUZANNE T. PIERCE 15562 Ellington Avenue      Dallas, TX 75247                Email: jlp43@logo.com        Telephone: (214) 689-XXX9 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 so 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 Hydrocodone 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 with 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 off the wet area 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: Emergency Room = $980.00 Ambulance Bill = $240.00 X-rays = $275.00 MRI = $1,700.00 Cervical Collar = $220.00 Chiropractor Bill = $1,350.00 Prescription Medications = $175.00 Lost Wages = $1,200.00 Back Brace = $450.00 Total Expenses = $6,590.00 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 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 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 twenty six thousand three hundred and sixty dollars ($26,360.00). Under the circumstances the demand is fair and reasonable. Yours truly, _________________ Suzanne T. Pierce

Let's assume you wrote your legal demand letter, using the tips on this page to present your claim for damages to the adjuster. Now what do you do?

Don't worry. If you followed all the directions, suggestions and tips we offer then you're on course to settling your claim. It's best to wait at least two (2) weeks after sending the letter before you call the Adjuster. By that time you may have already heard from him and 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 try not to 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, try to have patience. Calling the Adjuster too soon or too often may indicate you're in a hurry to settle. You don't want him thinking you will 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 a mountain of 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 page about Slip and Fall Injury NOTIFICATION Letters, do it now.