Demand Letter Pre Litigation Notice Requirement Information
Purposes: provides notice (the recipient is notified of: the claim and the specific relief demanded), encourages settlement (the demand letter may: prompt the recipient to resolve the matter without litigation), preserves rights (some claims require: a pre-suit demand as a condition precedent to filing), and creates a record (the letter establishes: a written record of the demand and the date it was made). When required: Florida medical malpractice (a pre-suit notice must be: sent under §766.106), Florida construction defects (a pre-suit notice must be: sent under §558.004), Florida insurance claims (a bad faith claim requires: notice under §624.155), and Florida landlord-tenant disputes (notices are required before: filing eviction or other actions).
Florida Legal Definition
Demand letters in Florida are governed by various statutes depending on the claim type. Under §766.106: a medical malpractice claim requires: a pre-suit notice (90 days before filing, with the investigation completed during that period). Under §558.004: a construction defect claim requires: a written notice to the contractor (60 days before filing, allowing the contractor to: inspect and offer to repair). Under §624.155: a bad faith insurance claim requires: a written notice to the insurer (60 days before filing). Under §83.56: a landlord-tenant dispute requires: a written notice before filing eviction. Under Florida practice: demand letters should: be specific about the claim, state the amount demanded, set a reasonable deadline for response, and preserve the right to file suit.
How It's Used in Practice
Attorneys draft demand letters. For claimants: identify the specific claim and statutory requirements, draft the letter with precision (stating facts, legal basis, and specific demand), send by certified mail or other verifiable method, set a reasonable response deadline, and preserve the letter for the record. For recipients: respond within the deadline, investigate the claim, make a counteroffer or dispute the claim, and consult counsel before responding. The attorney advises: certain claims require: a pre-suit demand (failure to send may: bar the claim); the demand letter should be: specific and factual; send by certified mail; the response deadline should be: reasonable; the letter establishes the record.
Key Takeaways
- Demand letter: formal pre-suit notice.
- §766.106: medical malpractice pre-suit notice (90 days).
- §558.004: construction defect notice (60 days).
- §624.155: bad faith insurance notice (60 days).
- Send certified mail; keep record; be specific.
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Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC