Civil Assault and Battery - Sample Demand Letter

December 14, 20xx

Ms. Roberta Gullins
East Coast Insurance
P.O. Box 2944
Hartford, CT

Re: Your insured: Frank Haskins
Date of injury: March 12, 20xx
Your file number: 44577H78990 [NOTE: Always use the insurer’s file number on all correspondence with the insurer]

Dear Ms. Gullins:

I have finished treating and so I am enclosing all of my medical records and bills on this case. [NOTE: You always want to make sure that the insurance adjuster has all of your medical records and bills when you make a demand.]

As you know, I was in Main St. Tavern in Hartford on March 12, when your insured, Frank Haskins, assaulted me. He hit in the face with a sucker punch. I had no idea who he was. He and I had never spoken or interacted in any way. I had no chance to defend myself. Immediately after he hit me, several patrons from the bar grabbed him and held him until the police arrived. They arrested him on the spot and took him away. He ultimately pled guilty to simple assault. He testified that he was drunk and thought that I had been staring at him, which I had not been doing. Based on these facts, there can be no question but that Mr. Haskins is liable for civil assault and battery. [NOTE: You want to explain all of the significant facts and then conclude with a statement that the insured is liable. If liability is relatively obvious, you don’t need to get into too much detail. If the defendant admits liability or makes any statements tending to admit that he/she was negligent, you definitely want to mention that in your demand letter.]

As a result of this incident [NOTE: Never refer to the incident as an “accident.” An accident means that no one was at fault. It was just one of those things. Get into the habit of referring to it as an “incident,” especially in an intentional tort case.], Mr. Haskins broke my left cheekbone and one tooth on my left side. I was taken to the emergency room, where they gave me pain medication and a referral to a facial surgeon. I also had to see my dentist.

I saw the facial surgeon, Dr. Johnson, two days later. He sent me for x-rays and decided that it would probably heal on its own. I followed up with him several times over the next few months and it ultimately healed. My dentist referred me to an oral surgeon, who had to extract the broken tooth and replace it with an implant. As you can imagine, this was all quite painful. I had to avoid touching the left side of my face for weeks. If I rolled over onto my left side while sleeping, I woke up immediately. I was on prescription pain medication for weeks. [NOTE: Summarize your medical treatment. You don’t need to give all of the details, just describe the main points. You also want to explain clearly and concisely your injuries and your pain and suffering. Don’t exaggerate. The adjuster has heard it all before. Just explain what your injuries were and how they affected your life.]

My medical and dental bills total $7,000.00. I paid $100 in co-pays toward the medical bills. My health insurance paid the remainder of the medical bills, but they have already claimed a lien of $500 on any settlement that I may get.[NOTE: If you have to repay your health insurance (and you almost always have to), make sure that you tell the adjuster.] I have no dental insurance, and so had to pay all of the dental bills myself.

My medical and dental bills were as follows:

• Dr. Johnson (facial surgeon) 1,000.00
• Hartford Ambulance 1,000.00
• Hartford Hospital 1,000.00
• Hartford Radiology 500.00
• Dr. Knight (dentist) 1,000.00
• Dr. Ronson (dental surgeon) 2,500.00
• TOTAL $7,000.00 [NOTE: You always want to put together a little chart listing your medical bills. Don’t make the adjuster read through them to figure out how they are.]

I am a plumber for East Hartford Plumbing. I earn $1,000 per week and missed one week of work. I have attached a letter from Dr. Johnson saying that I needed to stay out of work for that period of time. Accordingly, my lost earnings claim is $1,000. [NOTE: State your lost earnings claim briefly and clearly. Make sure that you have a doctor’s note saying that you needed to be out of work for the entirety of the time that you missed. Without a doctor’s note explicitly stating that you needed to stay out of work, the insurer is probably not going to consider your lost earnings claim.]

Taking into account your insured’s absolute liability and outrageous behavior in this case, I demand $65,000.00 to settle this case. Would you please advise as to your thoughts on this matter.

Thank you.

Very truly yours,

[signature]
Francis Hibberts