A slip and fall letter of representation is a formal notice. It informs the at-fault party that you have legal counsel. It also tells them that all communication should go through your attorney.
Need to draft a slip and fall letter of representation? You’re in the right place. We’ll share templates and examples.
These samples will make writing your letter easier. Use them as a guide. Tailor them to your specific situation.
Slip And Fall Letter Of Representation
[Your Law Firm’s Letterhead]
[Date]
[Name of Insurance Adjuster]
[Insurance Company Name]
[Address]
RE: Client: [Client’s Full Name]
Date of Accident: [Date of Accident]
Location of Accident: [Location of Accident]
Claim Number: [If known, include Claim Number]
Dear [Insurance Adjuster’s Name]:
This letter serves as formal notification that our law firm, [Your Law Firm’s Name], represents [Client’s Full Name] regarding injuries sustained in a slip and fall accident. The incident occurred on [Date of Accident] at approximately [Time of Accident] at [Location of Accident].
My client suffered significant injuries. The fall was a direct result of the hazardous conditions present on your insured’s property. These conditions included [Specifically describe the hazardous condition, e.g., “an unmarked wet floor,” or “a cracked and uneven sidewalk”].
As a result of this incident, [Client’s Name] has incurred substantial medical expenses. Ongoing treatment is required. My client has also experienced significant pain and suffering. Furthermore, the injuries have caused lost wages due to an inability to work. The full extent of these damages is still being evaluated.
We intend to fully investigate this matter. We will gather all necessary evidence to support our client’s claim. This includes medical records, witness statements, and any available accident reports.
Please direct all future communication regarding this matter directly to our office. Do not contact my client directly. We request that you acknowledge receipt of this letter within [Number] days. We also request that you provide us with all applicable insurance policy information related to this claim.
We look forward to your prompt response and cooperation in resolving this matter fairly and efficiently.
Sincerely,
[Your Name]
How to Write a Slip and Fall Letter of Representation
Initiating the Process: First Contact
Penning a slip and fall letter of representation is the initial foray into advocating for your client. This missive serves as notification to the opposing party – typically an insurance company or property owner – that you are now representing the injured individual. It’s crucial to establish your presence to ensure all subsequent communications are directed through you. This proactive measure safeguards your client from potential missteps or coercive tactics.
Essential Components: Detailing the Incident
The letter must meticulously delineate the incident. Include the date, time, and precise location of the fall. A succinct yet comprehensive narrative of how the slip and fall transpired is paramount. Avoid conjecture; stick to verifiable facts. Mention any witnesses and indicate if a police report was filed. The more granular the detail, the stronger your initial position.
Articulating the Gravamen of the Injury
Clearly enunciate the injuries sustained as a direct consequence of the fall. List all medical treatments received, including doctor visits, physical therapy, and any surgical interventions. Refrain from making definitive pronouncements regarding the extent of the injuries; rather, emphasize that your client is still undergoing medical evaluation. This allows flexibility as the case progresses and the full scope of the damages becomes evident.
Asserting Liability: Establishing Negligence
The crux of a slip and fall case lies in establishing negligence. Articulate why the property owner or responsible party failed to maintain a safe environment. Cite specific instances of negligence, such as inadequate lighting, failure to warn of hazards, or poorly maintained surfaces. A well-crafted argument for negligence is the cornerstone of a successful claim. Sometimes, the hazard is so patently obvious that it constitutes res ipsa loquitur, meaning “the thing speaks for itself.”
Demanding Preservation of Evidence
Crucially, demand that the recipient preserve all evidence related to the incident. This includes surveillance footage, maintenance records, incident reports, and any other documentation that could shed light on the circumstances surrounding the fall. Failure to preserve evidence can constitute spoliation, which may have adverse consequences for the opposing party. A stern warning about this obligation is prudent.
Requesting Information: Data Acquisition
Request pertinent information from the recipient, such as insurance policy details and contact information for any relevant parties. This information is vital for assessing the available coverage and determining the appropriate course of action. A polite yet firm request for this data sets the stage for future negotiations.
Concluding the Letter: Setting Expectations
Conclude the letter by reiterating your representation and outlining your expectations for future communication. Provide your contact information and clearly state that all future correspondence should be directed to you. Express a willingness to engage in good-faith negotiations to resolve the matter amicably, but also assert your commitment to vigorously advocating for your client’s rights. End on a professional and resolute note.
FAQs about slip and fall letter of representation
What is a slip and fall letter of representation?
A slip and fall letter of representation is a formal document sent by an attorney to the at-fault party (or their insurance company) to notify them that the attorney represents the injured party in a slip and fall claim. It informs them that all communication regarding the case should go through the attorney.
What information should be included in a slip and fall letter of representation?
The letter should include the attorney’s contact information, the client’s name and contact information, the date and location of the slip and fall incident, a brief description of the injuries sustained, a statement of representation, and a request for all communication to be directed to the attorney.
Why is it important to send a slip and fall letter of representation?
Sending a letter of representation protects the injured party by ensuring that all communication goes through their attorney. This prevents the insurance company from directly contacting the injured party and potentially making statements that could harm their case. It also establishes the attorney’s role in the claim.
When should a slip and fall letter of representation be sent?
The letter should be sent as soon as possible after the attorney is hired to represent the injured party. This ensures that the at-fault party and their insurance company are promptly notified of the representation and that all future communication is directed to the attorney.
What happens after a slip and fall letter of representation is sent?
After the letter is sent, the attorney will typically begin gathering evidence to support the claim, such as medical records, accident reports, and witness statements. The attorney will then negotiate with the insurance company to try to reach a fair settlement. If a settlement cannot be reached, the attorney may file a lawsuit on behalf of the injured party.
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