What specific information should I include in a personal injury demand letter to an insurance company in California?

A personal injury demand letter in California should clearly state the facts of the incident, detail your injuries and all related financial losses, and make a specific monetary demand to settle your claim. It should be supported by documents like medical records, bills, and proof of lost income. Here are the specific steps to create your demand letter: Step 1: State the Basics Start with your contact information, the date, the insurance adjuster's name and address, the name of the at-fault party (their insured), and the claim number. State clearly in the first paragraph that this letter is a formal demand for settlement under California law. Step 2: Describe the Incident and Liability Provide a clear, factual account of how the injury occurred. Explain exactly why their insured is at fault. For example, specify that their insured ran a red light, was driving distracted, or failed to maintain a safe property. Do not admit any fault. Step 3: Detail Your Injuries and Medical Treatment List every injury you sustained. Describe all medical treatment you have received, such as emergency room visits, consultations with specialists, physical therapy, and prescription medications. If you require future medical care, include a description and estimated cost from a medical professional. Step 4: Itemize Your Financial Losses (Economic Damages) Create a numbered list of all your concrete financial losses. This includes all medical bills, lost wages from time off work, and any other out-of-pocket expenses (like transportation to appointments or medical equipment). Attach copies of all bills, receipts, and a letter from your employer verifying lost income. Step 5: Explain Your Pain and Suffering (Non-Economic Damages) Describe how the injuries have impacted your daily life, as permitted under California Civil Code Section 3333. Explain your physical pain, emotional distress, and loss of enjoyment of life. Be specific about activities you can no longer do or enjoy. Step 6: Make a Specific Settlement Demand Conclude by stating a single, total dollar amount you will accept to settle the claim. This amount should cover both your financial losses and your pain and suffering. Give the insurance company a reasonable deadline to respond, such as 30 days. Important considerations: Always maintain a professional and objective tone. Send the letter via certified mail with a return receipt requested to have proof of delivery. This creates a record that can be important under the Unfair Claims Settlement Practices Act. Warnings and limitations: Sending a demand letter does not stop the clock on your legal deadlines. Under California Code of Civil Procedure Section 335.1, you generally have only two years from the date of the injury to file a lawsuit. Anything you write in the letter can be used in your case, so be precise and truthful. This is general information and does not constitute legal advice. For complex situations, or if you have suffered serious injuries, you should consult with a qualified California attorney.