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Demand Letters

For pain and suffering damages, Minnesota claimants pursue their claims in a fashion similar to what we are used to in Wisconsin, so the models that we present on this website are for Wisconsin. There are some differences as noted above, such as, Wisconsin has no threshold requirements before bringing a claim for pain and suffering; However, before pain and suffering claims are permitted in Minnesota, a claimant must meet one of the following:

1. Medical or chiropractic expenses in excess of $4,000.00 (this calculation excludes diagnostics such as x-rays or MRI examinations);

2. Permanent injury;

3. Permanent disability;

4. Disability for more than 60 days.

Below you will see a sample outline of our demand letter for Wisconsin, which we slightly modify for Minnesota. The various categories contained in that outline must be investigated and evaluated. For example, in order to calculate your lost income or lost wages, you’ll need something from your doctor saying the certain restrictions that were imposed upon you or that you are unable to go to work as a result of the accident and for what time period. Secondly, you need documentation from your work. This should include how much you earned per hour before the accident (actual proof: a pay stub or letter from human resources). And it should include the number of hours you were working per week, just before the accident.

When you reach a point where all your doctors agree you are at “maximum medical improvement,” we will gather all the medical records from all the doctors, physical therapists and chiropractors you’ve seen and the clinics and hospitals you’ve been to.

At the beginning of our representation, we get pictures of the accident scene, the vehicles, and the visible injuries. We usually take progressive photographs of visible injuries. We gather x-rays, MRI results, and other test results. We read the nurses notes and review all charts. We may ask the treating physicians for opinion letters concerning some of the unanswered questions that are contained in these documents. We then seek to quantify your injuries and your pain and suffering through chiropractic or medical opinion.

Although our demand letters are multiple pages, here is an outline of our demand letter which will help you identify what needs to be addressed with the claims adjuster for the insurance company.

Claims Adjuster

RE: Your Insured :
Your Claim No.:
Our Clients :
Date of Loss :

Please let this claim letter serve as our demand for payment on behalf of our client. We hope that it will aid in your evaluation and prompt settlement of this case.

Accident Facts


Medical and Chiropractic Treatment

Medical and Chiropractic Bills

Wage Loss


Loss of Earning Capacity

Pain and Suffering and mental anguish


On the basis of liability, past and future medical bills and other special damages including wage loss, permanency, as it relates to past and future pain and suffering and loss of earning capacity, we hereby request a settlement in the amount of $________.

This amount is made without prejudice and in good faith and will be held open for a period of 30 days in the expectation that you will review your file and respond within that period of time. We hope this matter can resolve without the necessity of expensive and protracted litigation. I look forward to hearing from you.

Approximately 95% of our cases settle within 60 days of the demand letter. I do not recommend that you go it alone without a lawyer because of the risks involved when dealing with an opposing claims adjuster who has all the training and skills, and knowledge of both the law and the insurance policy. Oftentimes, there may be several insurance policies available to satisfy your claim. Generally, only an experienced attorney knows how to address those issues. Also, because it is my opinion that the value of your case is enhanced when you hire a lawyer, you should give this very careful consideration. Our firm will represent you under various different fee agreements of your choice. A contingency fee agreement is an incentive for you to hire a lawyer because no fees are paid until there is a settlement and the fee is based on a percentage of the settlement. In this situation, the lawyer is working on an equal level with you to maximize the value of your case. We do also offer hourly rate fee agreements. These are useful for clients that feel that they can afford the hourly expense of the attorney. Our office continuously reviews with the client the upcoming expenses of the litigation such as, depositions, motions or trial in comparison to the value of the case. This discussion is foremost in the clients mind and the attorneys mind. Rarely does this discussion dominate litigation of the case when the fee agreement is contingent upon the outcome. Contingency fee agreements are extremely important to clients that have a valid injury case but do not have, or do not want to expand, the resources to prosecute it to the full extent. Our office has been evaluating personal injury cases for 35 years.

If you or a loved one have been injured in an accident and if you are looking for an experienced personal injury lawyer to maximize the remedies that you have available to you and to reach the highest possible award for your injuries or if you wish to compromise, negotiate, or effectively deal with either your insurance company or the adverse insurance company we, the Michael Ablan Law Firm can help you. We have been serving injured clients since 1974. With an experienced and aggressive yet honest, trustworthy and friendly legal team consisting of a lawyer with 35 years of experience, specialized paralegals, and a tax accountant, the Michael Ablan Law Firm in La Crosse, WI can help you. We also have offices in La Crescent, Minnesota and Hayward, Wisconsin. Contact us for a free consultation. Our expert legal services are available to you anywhere in the State of Wisconsin including but not limited to the counties of La Crosse, Trempealeau, Monroe, Pierce, Crawford, Vernon, Grant, Sawyer, Jackson or any other county in Wisconsin or in the state of Minnesota, including all counties surrounding La Crescent, MN, such as Houston and Winona and any other county.