Attorney
If you’ve been injured in an accident in Florida, whether it was a car crash, a slip and fall, or another form of negligence, recovering compensation may not always require a drawn-out court battle. In many cases, a well-crafted pre-suit demand letter can lead to a successful resolution before a lawsuit is ever filed.
At Boatman Ricci, we guide personal injury clients through every step of the claims process, including drafting and sending pre-suit demand letters that are legally sound, factually persuasive, and strategically timed. Here’s what you need to know about how pre-suit demand letters work in Florida personal injury (PI) cases and why they matter.
What Is a Pre-Suit Demand Letter?
A pre-suit demand letter is a formal written notice sent to the at-fault party or their insurance company, laying out:
- The facts of the case
- The injuries suffered
- Medical expenses and other damages
- The legal basis for liability
- A specific monetary demand for settlement
This letter serves as an early attempt to resolve a dispute before filing a lawsuit, often avoiding court costs, time delays, and public litigation.
When Are Pre-Suit Demand Letters Used in Florida?
In Florida, pre-suit demand letters are commonly used in:
- Automobile accidents (including no-fault PIP and third-party bodily injury claims)
- Slip and fall or trip and fall accidents
- Negligent security and premises liability claims
- Dog bite injuries
- Product liability incidents
- Wrongful death cases
They’re particularly important in cases where the injured party is pursuing damages from the at-fault party’s liability insurance, rather than their own PIP coverage.
Florida Statutory Requirements for Demand Letters
While not always required by law, some personal injury claims must include a pre-suit notice under specific statutes. For example:
- Florida Statutes § 627.736: In auto accident cases involving PIP insurance, a demand letter must be sent 30 days before filing suit.
- Florida Statutes § 624.155: For bad faith insurance claims, the claimant must file a Civil Remedy Notice (CRN) with the Florida Department of Financial Services and allow 60 days for the insurer to respond.
Even when not required by law, sending a pre-suit demand letter can demonstrate that the plaintiff acted in good faith and tried to resolve the matter without litigation.
What Makes an Effective Demand Letter?
A strong demand letter does more than just ask for money—it tells a compelling story backed by legal reasoning and objective documentation. At Boatman Ricci, we tailor each letter to the unique facts of the case, but most demand letters include:
Accident Summary
A clear and concise narrative of how the injury occurred, establishing the other party’s negligence or liability.
Injury and Treatment Details
Detailed medical records, diagnosis, and treatments showing the extent and nature of the injury.
Economic Damages
An itemized list of damages, such as:
- Medical expenses (past and future)
- Lost wages and loss of earning capacity
- Out-of-pocket costs
- Property damage
Non-Economic Damages
A description of pain and suffering, emotional distress, and any lasting impact on the client’s quality of life.
Legal Theory of Liability
A summary of the applicable law and why the at-fault party is legally responsible.
Settlement Demand
A specific dollar amount is demanded in exchange for releasing all claims. This figure must be carefully calculated to reflect both current and future losses.
Why Pre-Suit Demand Letters Matter
Encourages Early Settlement
Insurance companies are more likely to make a fair offer if they receive a clear, well-supported demand that shows the plaintiff is prepared to file suit.
Establishes the Record
A demand letter creates a paper trail and outlines the issues early in the process, which can be referenced later if a lawsuit becomes necessary.
Avoids Litigation
Lawsuits are expensive and time-consuming. Demand letters can save both parties significant time and legal costs.
Supports Bad Faith Claims
If the insurer unreasonably denies or delays the claim after receiving a proper demand, the letter may later support a bad faith insurance claim.
Mistakes to Avoid
- Sending a vague or unsupported demand without documentation
- Underestimating damages, especially long-term costs
- Failing to follow statutory notice rules, where applicable
- Demanding an unrealistic settlement amount
- Trying to handle the demand without legal counsel
How Boatman Ricci Can Help
At Boatman Ricci, we take a strategic and thorough approach to preparing pre-suit demand letters for personal injury clients across Florida. We:
- Investigate and document all aspects of your injury
- Calculate the full scope of your damages
- Draft persuasive demand letters tailored to your case
- Negotiate with insurers to achieve maximum compensation
- Prepare to litigate if the insurer fails to respond fairly
We understand the tactics used by insurance companies and how to put your case in the strongest possible position—before a lawsuit is even filed.
Talk to a Florida Personal Injury Attorney Today
If you’ve been injured due to someone else’s negligence, don’t let the insurance company dictate your outcome. A well-prepared pre-suit demand letter could be the key to resolving your case favorably without going to court.
Contact Boatman Ricci today to schedule a consultation. We serve personal injury clients throughout Naples, Fort Myers, and all of Southwest Florida.