Sample Demand Letter - Dog-Bite Injury

Sample Demand Letter - Dog-Bite Injury

June 12, 20xx

Dear Ms. Masters:

As I told you in my claim notice letter on January 15, 20xx, your insured, Frederick Allston, has an Irish Setter. His Irish Setter attacked me in my own yard on January 7, 20xx, causing a serious bite wound on my hand that required surgery. (The phrase "attacked" is more dramatic than "bit," and emphasizes the seriousness of the incident.)

Your insured lives two houses away from me and usually keeps his dog in his fenced-in yard. But the dog had escaped from the yard a couple of times, including on the day it attacked me. I don't know if the dog has bitten anyone before, but he is a nervous and aggressive type of dog that shouldn't be running loose around a neighborhood. (Here you're letting the insurer know that Mr. Allston knew that his dog had escaped from his yard before and should have done something to prevent it from happening again.)

On the day of the attack, I was in my unfenced backyard getting wood from my wood pile when the dog approached me. While I verbally tried to shoo him away, he lunged at me and bit my right hand. The bite drew blood and it hurt. I knew immediately that it was not a minor bite. I walked away from the dog right away, went inside, and called your insured. I left a message on his voicemail telling him that his dog was running around in my yard and had just bitten me. I then went to the emergency room at West Side Hospital where they stitched up the wound on my hand. (Describing exactly how you were injured makes it easier for the adjuster to understand what caused your injuries.)

As you know, in this state, dog owners are automatically liable for dog bites. Therefore, your insured is legally responsible for all of my damages. (After summarizing the important facts in your case, you should explain why the insured is legally responsible for your damages. In many states, dog owners are strictly liable for dog bites. Other states follow a "one-bite" rule or require dog-bite victims to prove that the dog owner was negligent. Research the dog-bite laws in your state and apply the law to the facts of your case. If you have questions about the law and how it applies to your case, talk to a lawyer.)

I went to see my primary care physician, Dr. Mellor, a couple of days after I was discharged from the ER. He referred me to Dr. Gerson, a plastic surgeon. I saw Dr. Gerson a week later. Dr. Gerson monitored me for a while before doing a revision surgery on March 20 to minimize scarring. (Summarize your medical treatment. You don't need to give all of the details yet. You want to describe the main points of your treatment.)

My hand was stitched up and in a bandage for two weeks after the bite, and then again for three weeks after the plastic surgery. I am a plumber, so I tend to work in wet and sometimes unsanitary areas. Both Dr. Mellor and Dr. Gerson said that I should not work while the stitches were in my hand. So, I was completely out of work for 5 weeks. (You're entitled to reimbursement for your medical expenses and lost income.)

I was in severe pain for several days after the attack and again after the surgery. It was tough being out of work and unable to do my normal chores, like shoveling snow. My hand is mostly healed, but I still have stiffness and significant scarring. I have enclosed five photographs of my hand: 1) taken before the original stitches came out; 2) right after the original stitches came out; 3) before the plastic surgery; 4) after the surgery; and 5) roughly 3 months after the surgery. You will see that there is still a scar. (You want to explain clearly and concisely how your injuries affected you. Don't exaggerate. The adjuster has heard it all before. Just explain what your injuries were and their impact on your life.)

My medical records are attached. Here is a summary of my medical expenses:

I work for ABC Plumbing. I earn $1,000 per week and missed five weeks of work. I have attached letters from Doctors Mellor and Gerson confirming that I was unable to work for five weeks. Accordingly, my lost earnings claim is $5,000. (State your lost earnings claim briefly and clearly. Make sure that you have a doctor's note saying how long you needed to be out of work. The insurance company will likely be skeptical of your lost wages claim without evidence that a doctor told you not to work.)

My medical expenses and lost income come to $13,000. I seek full compensation for these losses. (Always make sure the adjuster has all of your treatment records and bills. The adjuster will not consider your demand without evidence to support your claims.)

I am also asking for compensation for my pain and suffering, emotional distress, and the loss of enjoyment of life I've experienced after being attacked in my own yard. I am confident that an award of four times my medical expenses, or $32,000, is reasonable. (Insurance companies typically use a multiplier to estimate non-economic damages like pain and suffering. The multiplier varies, usually between 1 and 5, based on the seriousness of your injury and other factors. Starting with a higher multiplier in your opening settlement demand makes sense as a negotiating tactic. But don't push your luck and get greedy.)

I demand the sum of $45,000 to settle my claims against Mr. Allston. If we are unable to reach a settlement and I have to file a lawsuit, my demand will be much higher.

Please let me hear from you within 30 days from the date of this letter.

Respectfully,

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Gregory Silson