Writing A Demand Letter For Pain And Suffering Auto Accident  

Writing a demand letter for pain and suffering in case of an auto accident should be carefully thought over. It should be able to convey everything you want to let the person know. However, a demand letter for pain and suffering in an auto accident should primarily serve three purposes.

The three purposes that a demand letter should serve are as follows:

  1. The letter must be sufficiently demanding and persuasive. It must briefly outline the facts of the case and the actual demand. It must make it clear to the other party that should your demands not be met you reserve the option of going to court.
  2. It satisfies the court should you be forced to file a lawsuit that you have afforded the other party to effect an out of court settlement.
  3. The letter may be produced in court as a resume of events and a list of your claims.

A sample to a claims adjuster may be as follows:

Dear __________,

As already intimated to you, on December 5, 2008 I was driving my Toyota Corolla 2005 northwards on Maybridge St. At the junction with Cenotaph St. it was rammed on the driver’s side door by your insured Mrs. Jane Smith  in a Honda Civic 2007 which was traveling east at considerable speed and had just jumped a red light. My car was tossed to the opposite side of the road and came to a stop on its side. I was suspended by my seatbelt but still received the full impact of collision on my left side.

I was assisted out by passers by who witnessed the accident (names and addresses attached) till paramedics arrived when I was taken by ambulance to St John’s Hospital. Here they discovered extensive external and internal bruising and stretched ligaments in my neck. X Rays have revealed several my left leg and left arm to be broken in several places as well as three broken ribs on my left side. I was ordered to bed encased in plaster casts and bandages. For the considerable pain I was undergoing I was prescribed large doses of painkillers.

I was denied sleep for several days because of the intense pain in my limbs. Since discharge, I have had to return to hospital twice a week for reviews on my progress. For six weeks after the accident I was unable to go to work because of the restrictions in movement. Even after the casts were removed and I returned, my output was found to be unproductive as I was unable to make outside calls as is required in my position. Even now I find it difficult to move around and sleep because of frequent bouts of pain. My doctor advises that this situation will continue for perhaps the next six months or so.

Attached are copies of all relevant records, bills etc. and a copy of the police report. A consolidation is as follows:

Ambulance charges                                              $
Emergency room charges                                                $
X Ray charges                                                                 $
Doctor’s fees                                                                   $
Hospitalization expenses                                                $
Medicine bills                                                                   $

Total                                                                    $

The attached letter from my employer lists the time I was off from work and the deductions by way of loss of pay and benefits which amounts to $_______.

Due to the negligence and blatant violation of traffic laws on the part of Mrs. Smith, I have had to endure a great deal of physical and mental suffering and disruption in my life. This continues and will probable do so for the next six months. Hence I demand compensation for injuries and mental anguish in the amount of $________.

I look forward to your reply within fifteen days of date. I trust you will not give rise to a dispute in which event I shall be forced to seek redressal in a court of law.

Yours truly,

D. Jones

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Personal Injury :

Pain-And-Suffering-In-An-Accident      Pain and suffering is difficult to quantify. Pain could be immediate and short term which is somewhat assessable. But often pain and suffering is long term and can have repercussions lasting several years. The pain could also arise from emotional and mental distress. More..

 


 

 

 
   
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