A Personal Injury Demand Letter is a crucial document in the Philippine legal system that initiates the formal process of seeking compensation for personal injuries before proceeding to litigation. It is typically used when negotiations have not yet commenced or when informal attempts at settlement have been unsuccessful. The document must comply with Philippine civil law requirements, particularly those outlined in the Civil Code of the Philippines regarding quasi-delicts and damages. It should include detailed information about the incident, medical documentation, computation of damages, and a clear settlement demand. This type of letter is particularly important in the Philippine context, where courts encourage alternative dispute resolution and may consider pre-litigation settlement attempts when awarding costs.
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1. Sender's Information: Complete contact information of the injured party or their legal representative
2. Date: Current date of the letter
3. Recipient's Information: Complete contact information of the responsible party, their insurance company, or their legal representative
4. Subject Line: Clear identification of the letter as a demand letter, including relevant reference numbers or incident date
5. Incident Details: Detailed description of when, where, and how the injury occurred, including specific dates, times, and locations
6. Liability Statement: Clear explanation of why the recipient is legally responsible for the injuries, citing relevant laws and circumstances
7. Injury Description: Comprehensive description of all injuries sustained, including both immediate and ongoing medical issues
8. Damages Summary: Itemized list of all damages, including medical expenses, lost wages, property damage, and pain and suffering
9. Settlement Demand: Specific monetary amount being demanded and the deadline for response
10. Legal Consequences: Statement regarding potential legal action if the demand is not met
11. Closing: Professional closing with signature block and contact information
1. Witness Information: Include when witnesses to the incident are available to support the claim
2. Insurance Policy Details: Include when dealing directly with an insurance company or when referencing specific policy coverage
3. Prior Communication Reference: Include when there have been previous communications about the incident
4. Medical Provider Information: Include when ongoing medical treatment is relevant or when multiple healthcare providers are involved
5. Police Report Reference: Include when a police report or official incident report was filed
6. Settlement Calculation Breakdown: Include when the demand amount includes complex calculations or multiple components
1. Medical Records: Copies of relevant medical records, diagnoses, and treatment plans
2. Medical Bills: Copies of all medical bills and receipts related to the injury
3. Photographic Evidence: Photos of injuries, accident scene, or property damage
4. Income Documentation: Pay stubs or employment records showing lost wages
5. Expert Opinions: Any relevant expert assessments or medical opinions
6. Incident Reports: Copies of police reports, accident reports, or workplace incident reports
7. Correspondence Log: Record of all previous communications regarding the incident
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Risk Management
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Insurance
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Relevant Roles
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Claims Adjuster
Risk Manager
Compliance Officer
Insurance Agent
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Personal Injury Lawyer
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