How to Write a CCP 999 Demand Letter for a Personal Injury Claim in California

Question from JOE, How to Write a CCP 999 Demand Letter for a Personal Injury Claim in California

Answer from AI:

When writing a demand letter under California Code of Civil Procedure (CCP) Section 999 for a personal injury claim, it is important to include specific details about the incident, the injuries sustained, and the compensation sought. Below is a general guide on how to structure such a letter, especially when the claimant has injuries to her back (with radiculopathy), neck, and left knee, and her medical bills total $11,700.

Key Elements of a CCP 999 Demand Letter

A CCP 999 demand letter should include the following elements:

1. Introduction: State the purpose of the letter and identify the parties involved.
2. Incident Description: Provide a detailed account of the incident that caused the injuries.
3. Injuries and Medical Treatment: Describe the injuries sustained and the medical treatment received.
4. Damages: Outline the economic and non-economic damages incurred.
5. Demand for Settlement: Specify the amount being demanded for settlement.
6. Deadline for Response: Set a reasonable deadline for the insurance company to respond.

Sample CCP 999 Demand Letter

Below is a sample demand letter for a personal injury claim under CCP 999:

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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]

[Insurance Adjuster’s Name]
[Insurance Company Name]
[Insurance Company Address]
[City, State, ZIP Code]

Re: Demand for Settlement – [Claimant’s Name]
Claim Number: [Claim Number]
Date of Incident: [Date of Incident]

Dear [Insurance Adjuster’s Name],

I am writing on behalf of my client, [Claimant’s Name], to formally demand the policy limits for her personal injury claim resulting from the incident that occurred on [Date of Incident]. This demand is made pursuant to California Code of Civil Procedure Section 999.

Incident Description

On [Date of Incident], [Claimant’s Name] was involved in an accident caused by your insured, [Insured’s Name]. The incident occurred at [Location of Incident], where [brief description of how the accident happened].

Injuries and Medical Treatment

As a result of the accident, [Claimant’s Name] sustained significant injuries, including:

• Back injury with radiculopathy
• Neck injury
• Injury to the left knee

[Claimant’s Name] has undergone extensive medical treatment, including [list treatments, e.g., physical therapy, medications, etc.]. The total medical expenses incurred to date amount to $11,700. Enclosed are copies of the medical bills and records documenting these expenses.

Damages

In addition to the medical expenses, [Claimant’s Name] has experienced considerable pain and suffering, emotional distress, and loss of enjoyment of life. She has also incurred lost wages due to her inability to work during her recovery period.

Demand for Settlement

Given the severity of the injuries and the substantial impact on [Claimant’s Name]’s life, we hereby demand the policy limits of [Insurance Policy Limits] to settle this claim. This demand is made in good faith and is based on the documented damages and the liability of your insured.

Deadline for Response

Please respond to this demand within 30 days from the date of this letter. Failure to respond within this timeframe will result in [Claimant’s Name] pursuing all available legal remedies, including filing a lawsuit.

Thank you for your prompt attention to this matter. Please contact me at [Your Phone Number] or [Your Email Address] if you have any questions or require additional information.

Sincerely,

[Your Name]
[Your Title]
[Your Law Firm’s Name, if applicable]

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Consult with a Legal Professional

While this sample provides a general structure, it is crucial to tailor the letter to the specific details of the case. For personalized advice and to ensure compliance with all legal requirements, it is recommended to consult with a legal professional. They can provide guidance based on the unique circumstances of the claim and help navigate the complexities of personal injury law.

For more information on CCP 999 and related legal guidelines, you can refer to the [California Legislative Information](https://leginfo.legislature.ca.gov/faces/codes.xhtml) website.