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Bodily Injury Demand Letter for the United Kingdom

Bodily Injury Demand Letter Template for England and Wales

A formal written communication under England and Wales law that outlines a personal injury claim against a defendant. The letter details the circumstances of the injury, explains why the defendant is liable, provides evidence of damages, and demands specific compensation. It must comply with the Pre-Action Protocol for Personal Injury Claims and serves as a crucial step before potential court proceedings.

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What is a Bodily Injury Demand Letter?

A Bodily Injury Demand Letter is a essential pre-litigation document used in England and Wales when seeking compensation for personal injuries. It serves as the formal initiation of a claim and must comply with the Civil Procedure Rules and relevant Pre-Action Protocols. The letter should be sent before commencing court proceedings and typically includes detailed information about the incident, injuries sustained, medical evidence, quantum of damages, and a clear deadline for response. It forms the foundation for potential settlement negotiations or subsequent legal proceedings.

What sections should be included in a Bodily Injury Demand Letter?

1. Recipient Details: Full name and address of the defendant/insurer, including any reference numbers

2. Incident Details: Date, time, location, and comprehensive description of how the incident occurred

3. Injury Description: Detailed description of all injuries sustained, medical treatment received, and ongoing symptoms

4. Liability Statement: Clear statement explaining why the defendant is liable, including relevant legislation and breach of duty

5. Damages Claimed: Itemized list of all damages being claimed, including both general and special damages

6. Response Timeline: Specified deadline for response in accordance with the pre-action protocol requirements

What sections are optional to include in a Bodily Injury Demand Letter?

1. Witness Information: Details of any witnesses to the incident, including their contact information and brief summary of their testimony

2. Police Report Reference: Details of any police involvement, including incident numbers and officer details

3. Loss of Earnings Calculation: Detailed calculation of income lost due to the injury, including supporting evidence

4. Future Medical Treatment: Details of any anticipated future medical treatment and associated costs

What schedules should be included in a Bodily Injury Demand Letter?

1. Schedule of Special Damages: Detailed itemized list of all financial losses and expenses incurred

2. Medical Reports: Copies of all relevant medical records, expert reports, and prognosis details

3. Documentary Evidence: Photographs, receipts, wage slips, and other supporting documentation

4. Chronology of Events: Timeline of the incident, medical treatment, and key events

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Ƶ

Document Type

Demand Letter

Sector

Marketing

Cost

Free to use
Relevant legal definitions

























Clauses
























Industries

Limitation Act 1980: Primary legislation governing time limits for bringing personal injury claims, typically setting a 3-year limitation period from the date of injury or knowledge

Civil Procedure Rules (CPR): Rules governing civil litigation in England and Wales, including specific procedures for personal injury claims and court proceedings

Pre-Action Protocol for Personal Injury Claims: Specific protocol outlining the steps parties must take before commencing court proceedings for personal injury claims

Law Reform (Contributory Negligence) Act 1945: Legislation governing how damages may be reduced if the claimant is partly responsible for their own injury

Damages Act 1996: Legislation governing how damages are calculated and paid in personal injury cases, including provisions for structured settlements

Health and Safety at Work etc. Act 1974: Primary legislation for workplace safety, relevant for workplace-related injury claims

Occupiers' Liability Acts 1957 and 1984: Legislation defining the duty of care owed by property occupiers to visitors and trespassers

Pre-Action Protocol for Low Value Personal Injury Claims: Specific protocol for claims valued between £1,000 and £25,000, outlining streamlined procedures

Civil Liability Act 2018: Recent legislation affecting how whiplash claims are valued and processed, including fixed tariffs for damages

Whiplash Injury Regulations 2021: Specific regulations governing whiplash injury claims, including fixed compensation tariffs

Judicial Guidelines for Personal Injury Awards: Guidelines published by the Judicial College providing ranges of damages for different types of injuries

GDPR and Data Protection Act 2018: Legislation governing the handling of personal data, including medical records and personal information in injury claims

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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