[3 Samples] Demand Letter Personal Injury Slip and Fall
Slip and fall accidents are frequently the basis of insurance claims made against retailers and other businesses that are accessible to the general public.
Slips and falls on wet floors often result in injury claims because the property owner failed to protect their patrons.
A property owner has a legal duty to protect their customers once they become aware of a risk or should have become aware of it. The risky area will be closed off to foot traffic until the wet mess is cleaned up, and customers will be forewarned with "wet floor" signs.
Slipping on a wet surface can cause a variety of injuries, from minor scrapes and bruises to severe, irreparable harm.
You might be able to manage your injury claim on your own and come to a fair settlement if your injuries are not severe.
The active stage of claim negotiations starts when you send a formal demand letter to the negligent property owner's insurance carrier.Â
Why You Should Write a Demand Letter for Your Fall Claim?
Any slip and fall lawsuit needs a demand letter. A demand letter serves as official notification that you intend to file a lawsuit against the recipient. Before bringing a lawsuit, you try to settle your slip and fall case by sending a demand letter.
When you write an orderly, well-written letter outlining the current circumstances and the damages you are seeking. You may get assistance from a personal injury attorney in creating the demand letter for your slip and fall claim.
When pursuing a slip and fall claim, employing a sample demand letter can help you and your attorney understand precisely what is required.Â
Make sure you are speaking to the right person and that the details of the slip and fall are accurate.
How do you draught a demand letter for a slip and fall?
Your demand letter establishes the tone of the settlement negotiations. With a little attention to detail, there is no reason why you cannot draught a letter that seems as professional as one from an attorney's office.Use your word processing program to proofread for grammatical and spelling errors.
Check the handwritten spelling of names and addresses.
Make sure your math is accurate and that the spelling of your money amounts is correct.
Printing your letter on quality paper is recommended.
What should you include in Demand the Letter?
Following a slip-and-fall incident, your demand letter should contain all necessary supporting facts to establish culpability and damages in addition to the essential information.Â
You get your first meaningful opportunity to present your side of the slip and fall case in a demand letter, which acts as the informal opening to the personal injury settlement negotiating process.Â
Thus, you will also include:
- a thorough description of the hazard that caused you to slip and fall, along with details about where you were, what you were doing, what you saw, and how it made you feel.
- a summary of the type and severity of your injuries, together with any medical care you had in connection with your slip and fall accident, including any trips to the hospital, doctors, and specialists, as well as any physical therapy or rehabilitation services.
- a list of all financial damages, including lost wages and other compensation, caused by the slip-and-fall incident (including time missed at work because of doctor appointments)
- a description of all additional losses brought on by the slip and fall, such as your pain and suffering.Â
- Mention any witnesses to the slip and fall accident, or people with knowledge of comparable events, or other specific hazards on the property (you might even want to identify these witnesses by name and include a summary of any written statements you have received from them).
Your demand letter has to contain the things listed below:
- Statement of the FACTS: Clearly describe how you landed on the wet floor.
- Why do you think the insurer is responsible for your losses?
- Describe your wounds and the impact they've had on your life.
- Damages: An accounting of your losses' expenses.
- Sign your message with either blue or black ink. Make a copy of the whole package for your files.
To the address provided below, send the letter certified mail with the return receipt requested. When the package comes, attach the green card to your copy of it. Learn how to reconnect the laptop key as well.
Documents required to be attached to the Demand Letter
- pictures of the garage, showing burned-out lights and grease splatters
- Comments from others on how they fell/nearly fell there or experienced dangerous circumstances
- all medical records and invoices from doctors and other healthcare professionals.
- In a letter from the employer, wages and missed work hours are detailed.
1. Sample demand letter about a slip-and-fall lawsuit.
Greetings!This is regarding injuries I sustained on July 1, 2019, at about 3:45 p.m., following a slip and fall at your establishment. I was shopping in your store when I slipped and fell, breaking my ankle and injuring my back.ÂI had gone down the second aisle, which goes past the frozen food coolers. I didn't see the slick stuff on the floor before I fell, which is what caused my fall.After I fell, an employee named Jason helped me up and found that it was melting ice from one of the refrigerated coolers. He remarked that because the cooler had recently undergone repair, the issue ought to have been resolved.ÂI believe that either a Wet Floor sign should have been shown, the area should have been walled off, and the cooler should have been checked often.I was taken by ambulance to the closest emergency facility. I had a complicated ankle fracture, which needed surgery to set the fracture and long-term rehabilitation, according to an examination and x-rays.ÂI have already missed six weeks of work, and it is anticipated that I will miss at least another six. I've enclosed copies of my medical bills, which so far total $24,950, and my lost wages, which are at $9,800 right now.You will also find a letter from my doctor outlining the depth of my ongoing treatment as well as the amount of time I will be out of work in the future due to my injuries.ÂAn itemized list of the costs associated with the treatment of my injuries and my income loss is attached. I've also mentioned my own anguish and grief. I thus want $138,900 in total compensation for my injuries.I will file a lawsuit if I don't hear back from you on this issue within the next 15 days.ÂI appreciate your quick response to this issue.Sincerely,
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2. Slip and fall incident report example
Hello, [Name]
As you are aware, I suffered injuries in a fall on January 13, 20xx, in the underground parking area of a building owned by your insured, Medellin Investments, at 6750 Palm Avenue in Miami. I was heading to my parked vehicle in the garage when the incident happened at around 6:00 p.m.
I'm employed by the South Florida Import-Export Exchange, which leases space in the structure owned by your insured. As I made my way across the dark garage floor, I tripped over some oil, badly twisting my left knee and falling to the ground.
My knee swelled up quite a bit that night. My doctor, Dr. Rose Parker, advised me to rest my leg for a few days when I saw her in the morning. I took three days off of work to rest my leg at home.
I went back to work the following Monday and inspected the garage where I had fallen.
The pictures taken that day showed that there were grease and oil spots all over the floor, some of which had been there for a very long period. Even worse, some of the overhead lights had burned out, leaving the floor in some places dark and hiding the grease and oil stains.
It is clear from a large number of burned-out lights that the bulbs haven't been inspected or replaced in a while. At least two other people in the building have recently tripped over oil patches in the garage because of its dangerous condition.
Of course, further investigation may show that other people have also entered the garage covertly.
After about a week, my knee's swelling subsided, but it was still unpleasant and caught when I bent it.
I was seen by orthopedic surgeon Dr. Ralph Brancusa, who then started my physical therapy in his office. Physical therapy reduced the discomfort, but it did not stop my knee from catching when I bent or twisted it. I voluntarily stopped going to physical therapy as a result.
I received acupuncture treatment from Dr. William Chan, which reduced some of the pain in my knee.
Dr. Chan advised me to see chiropractor Lilly Sing Rhee for manipulation to treat the catch in my knee. Ms. Sing Rhee suggested that I see an orthopedic specialist again after a brief period of therapy.
My doctor suggested an orthopedic surgeon named Dr. Walter Frisch. After doing an arthroscopic examination and taking an X-ray of the knee, Dr. Frisch found damaged cartilage that he was able to arthroscopically repair.
After the arthroscopic surgery, I missed another week of work, at which point I resumed walking and doing Dr. Frisch's at-home exercises.
After another eight weeks, I was able to start jogging again, my regular daily exercise that the accident had prevented me from doing for more than eight months.
My medical expenses for this therapy are as follows:
- Rose Parker, MD, cost $800.
- Ralph Branca, M.D. (including X-rays) $1,860
- William Chan $520
- Lilly Sing Rhee for $900
- Dr. Walter Frisch, $5,500 (including X-rays)
I lost eight days of work (three right away after the accident and five more after surgery), which cost my employer, South Florida Import-Export Exchange, a total of $2,000 ($250 a day).
My knee suffered significant cartilage damage as a result of your insured's clear negligence in failing to maintain its property, creating a deadly hazard that required surgery, an eight-month recovery period, and rehabilitation. I'm asking for $50,000 in damages due to the seriousness of the injuries and the length of time it will take to recover.
The statute of limitations requires me to file a lawsuit against your insured in this situation within three months, therefore I am anticipating settling this problem quickly. Please answer within 14 days after getting this mail.
Very best wishes,
[Signature]
[Name].
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3. Sample Slip And Fall Demand Letter
Hello, Mr. Paul
You are known that on October 5, 2022, I fell at Toledo's Fast Stop Convenience Store and suffered serious injuries. I fell to the ground after tripping over liquid spills in the aisle leading to the refrigerator holding soft drinks. My left leg had a bad tendon strain, and my hands had bruises and abrasions.
In addition to the discomfort from my wounds, I also had to endure the embarrassment of lying in a muddy puddle in front of other patrons while my hands were bleeding and my shorts were wet. Even worse, the shopkeeper was rude and condescending. Your insured's negligence resulted in my injuries, which required me to miss four weeks of work.
If the Fast Stop Convenience Store had not been careless, I would not have endured my injuries, missed wages, or suffering. My leg pain might linger for many months and is still there.
REALISTIC STATEMENT
On October 5, 2022, around 7:30 a.m., I went into the Fast Stop Convenience Store to get some drinks and snacks for work. As I made my way toward the cooler down the aisle, my legs suddenly gave way. As I fell, my left leg twisted strangely beneath me, and both of my hands scratched the shelf.
I stumbled and fell on something wet that smelled and looked like soda pop as I slowly stood up. As a result of the accident, my left leg was in excruciating pain and my hands were covered in blood.
Two more customers, Cheryl Jackson, and Mark Hudson saw me fall and came over to help. The shop employee, who looked to be the only one working that morning, was then retrieved by Ms. Jackson.
When the cashier, Karen Schmidt, arrived at the scene of my accident, she was furious. She muttered angrily, "Everyone else managed to walk past that puddle this morning." I can't do everything around here, you know. I intended to mop the floor after the morning rush.
When I tripped and fell, Cheryl Jackson and Mark Hudson were both there, and they overheard everything the shopkeeper said to me. When they looked at the puddle where I had fallen, they saw that it was impossible to detect the black Coke on the dark floor unless you were directly facing it. Their statements are included.
When I entered the Fast Stop Convenience Store that morning, I had no reason to believe the floors were dirty or unsafe. I wasn't in a rush as I wandered up to the coolers. Like any other shopper, I was looking through the shelves for something to eat as a work snack.
There were no warning signs or cones suggesting a wet floor. The cashier acknowledged that the spill on the floor had been there for some time and that she was aware of it.
She opted to remain at the register as opposed to wiping up the spill or even posting a wet floor sign. I was injured as a result of your insured's negligence, through no fault of my own.
I limped outside to my car and, because my leg hurt so bad, I called my boss. I told him about the predicament and then went to the Toledo Hospital emergency room.
THE CARE OF HURT PEOPLE
Before visiting Dr. Robert, I had a painful wait of more than an hour in the emergency room. After a physical examination, Dr. Robert determined that I had a severely injured plantar tendon in my left leg as well as cuts and bruises on both of my hands.
My hands had been scrubbed and bandaged. My leg was bandaged with a compression garment. I was instructed to take ibuprofen for pain relief and edema reduction along with intermittent usage of cold packs for a few days.
Dr. Robert predicted that my plantar tendon would take four to six weeks to heal. She said I would need physical therapy to recover the use of the leg and would need to use crutches until I could walk without wobbling.
Dr. Robert urged me to remain off work for at least four weeks since my warehouse job needs the use of both legs. She directed me to the neighborhood Brookhaven Physical Therapy center.
The next week, my physical therapy started. I toiled tirelessly to restore mobility and strength in my legs despite the agony.
Four weeks after your insured caused my injuries, I was able to resume work on November 2 because I complied with all the doctor's and therapist's instructions.
TIMELINE OF MY WORK
For the last four years, I have worked full-time as a forklift operator at the Chief Construction Company warehouse on Euclid Avenue in Toledo. To properly operate the forklift and do other tasks in the warehouse, I must get into and out of equipment using both legs.
I'm a trustworthy employee that must provide for a family. Before being knocked off my feet by your insured's carelessness, I had an excellent attendance record.
It was a nightmare being jobless and without a source of money for a month. I'm the main earner for my family. Due to my problems, I was unable to run after our child, walk the dog, or do much else to assist my pregnant wife.
Due to my disabilities, I was unable to run after our toddler, walk the dog, or assist my pregnant wife in many other household tasks.
We couldn't afford to pay someone to shovel snow or carry wood pellets inside for the wood stove. Particularly when we had to depend on friends and family for support, I felt hopeless and miserable.
DAMAGES
The list of losses associated with my claim is shown below. There are also medical invoices and other supporting documents.
- Charge for Hospital: XXX
- Earnings Lost: XXXX
- Damages totaled XXXX.
I am requesting a settlement of my injury claim for a total of $22,450 to cover the medical expenses, emotional distress, and monetary damages I sustained as a consequence of your insured's negligence.
Please answer within fifteen (15) business days. I appreciate your prompt attention to this matter.
Sincerely,
Name and contact details.
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