A Personal Injury Letter of Claim is a crucial document within New Zealand's personal injury legal framework, which is primarily governed by the ACC scheme. This document is used when initiating a claim in those exceptional circumstances where legal action outside the ACC scheme is permitted, such as claims for exemplary damages or in cases involving certain types of mental injury. The letter must carefully navigate the requirements of the Accident Compensation Act 2001 while establishing grounds for claim in areas not covered by ACC. It typically includes detailed information about the incident, medical evidence, ACC claim status, and specific legal basis for seeking remedies outside the standard ACC process. Used correctly, this document serves as the first formal step in pursuing compensation or other remedies in cases where standard ACC coverage is insufficient or inapplicable.
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1. Date and Address Details: Full contact details of both the claimant and the recipient/potential defendant
2. Subject Line: Clear identification as a Letter of Claim regarding Personal Injury
3. Claimant Details: Full name, date of birth, and occupation of the injured person
4. Incident Details: Precise date, time, and location of the incident causing injury
5. Injury Description: Detailed description of the injuries sustained and their immediate impact
6. Basis of Claim: Clear explanation of why the recipient is considered responsible for the injury
7. Medical Treatment: Summary of medical treatment received and ongoing treatment requirements
8. ACC Status: Details of any ACC claim made and its current status
9. Proposed Resolution: Clear statement of what is being sought (where applicable, given ACC restrictions)
10. Response Timeline: Specified timeframe for response and proposed next steps
1. Witness Details: Details of any witnesses to the incident - include if witnesses were present
2. Employment Impact: Description of impact on employment and earnings - include if work capacity affected
3. Previous Correspondence: Reference to any previous communications - include if prior contact exists
4. Third Party Involvement: Details of other involved parties - include if multiple parties involved
5. Rehabilitation Details: Information about rehabilitation needs - include if ongoing rehabilitation required
1. Medical Records: Copies of relevant medical reports and treatment records
2. Accident Report: Copy of any accident reports or incident documentation
3. Photographs: Images of injuries and/or accident scene if available
4. ACC Documentation: Copies of ACC claim forms and decision letters
5. Witness Statements: Written statements from witnesses if available
6. Expert Reports: Any relevant expert opinions or assessments
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