A pending litigation demand letter, also called a pre-litigation letter of demand, is a formal document prepared by an attorney to inform a potential defendant about a dispute. It outlines the nature of the dispute, the plaintiff’s identity, and the proposed method of resolution. Additionally, it informs the reader that the plaintiff plans to pursue a lawsuit against them.
The initial stages of any legal case often involve the exchange of demand letters. Although they carry less mandate than legal filings, they are an excellent avenue a plaintiff can take to try to resolve a dispute before turning to litigation.
What to Include
A pre-litigation demand letter should contain the following details:
- The plaintiff’s and defendant’s names
- A statement indicating the plaintiff hired an attorney (if an attorney is drafting the letter)
- A summary of the dispute
- A reasonable demand and deadline for compliance
- Possible consequences of noncompliance
The Language of a Pre-Litigation Letter
A pre-litigation demand letter should contain the following details:
- The plaintiff’s and defendant’s names
- A statement indicating the plaintiff hired an attorney (if an attorney is drafting the letter)
- A summary of the dispute
- A reasonable demand and deadline for compliance
- Possible consequences of noncompliance
Writing Tips for a Pending Litigation Demand Letter
If your case goes to court, your Pending Litigation Demand Letter can be used as evidence during trial. Take the following pointers into account when drafting it:
- Don’t bury your reason for writing in subsequent paragraphs. Provide a summary of the dispute in the first paragraph.
- Avoid insulting or maligning the reader and use professional language
- Only mention facts that you can back up with evidence
- Use plain language as much as possible, as your audience may not be an attorney and thus may not be fluent in legalese
Pending Litigation Demand Letter Format
{Date}
{Defendant’s Name}
{Defendant’s Address}
{City, State, Zip Code}
Re: {Nature of Claim}
Dear {Mr./Mrs./Ms. Last Name},
This is to inform you that {law firm name} has been retained by {plaintiff’s name} to pursue legal action against you based on {nature of case}. The facts that have led to this complaint are as follows {describe the circumstances of the case}.
My client wishes to settle this case amicably, and, to that end, we request {describe damages ask}. If this case remains unresolved by {deadline}, we will assume you do not wish to settle out of court. {Law firm name} will then file a lawsuit against you pursuant to {relevant citation} for {amount of damages}.
Please contact me at {contact information} within {duration} if you wish to resolve this matter without litigation.
Sincerely,
{Attorney’s Name}
{Attorney’s Signature}
Sample Pending Litigation Demand Letter
17 April 2031
Daniel Norfolk
125 Norfolk St.
Portland, OR 89087
Re: Slip and Fall at Norfolk St. Property
Dear Mr. Norfolk,
This is to inform you that Diaz, Diaz, and Kenneth, LLC has been retained by Mr. Colin Cooper to pursue legal action against you in a slip and fall claim. On 1 April 2031, Mr. Cooper visited your property, Norfolk St. Property, tripped over a loose tile in your front yard, and fell into an uncovered manhole.
Upon investigation, we uncovered evidence that several complaints have been filed concerning the dangerous state of your yard, but you have failed to take action. You have neither fenced off the area nor provided warning signs to notify visitors of the danger.
My client wishes to settle this case amicably. To that end, we request $12,000 in damages to cover his injuries. If this case remains unresolved by 15 May 2031, we will assume you do not wish to settle out of court. My law firm will then file a lawsuit against you pursuant to Oregon Premises Liability Laws.
I have attached all the documents related to this claim, including a breakdown of the damages. Please contact me at sylviadiaz@email.com within 7 days of receiving this letter if you wish to resolve this matter without litigation.
Sincerely,
Sylvia Diaz
Diaz, Diaz, and Kenneth, LLC
Pending Litigation Demand Letter (Word Template)
Bottom Line
Most civil cases settle before going to trial as many people seek to avoid the stress and costs of court proceedings. A well-written pending litigation demand letter may lead to a settlement before you have to file a lawsuit. Even if it doesn’t, it is crucial in the claims process since it may act as evidence.
