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...
Let's assume several 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 didn't they may have sent 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.
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.
(Your Name and Address) MR.
JONATHAN L. PIERCE
15562 Ellington Avenue Dallas, TX 75247 Email: jlp43@logo.com Telephone: (214) 689-XXX9 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 I was enjoying my daily run when I was attacked by your insured's dog. 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 the 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 insured's home to discern whether his 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 hours, twenty four 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 control 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. On that November day my life was radically and inexorably changed forever. The damages I suffered and will continue to suffer include, but are not limited to the following:
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 me 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 over, at least for now. 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 nineteen thousand and five hundred ($119,500.00) dollars. Under the circumstances the demand is fair and reasonable. Yours truly, _________________ Jonathan L. Pierce |
Let's assume you sent the demand letter to the insurance claims adjuster. She will be contacting you soon to review 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.
What you've done up to this point 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 verbal 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.
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