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DEMAND LETTER [Date] By Certified Mail — Return Receipt Requested Hargrove Grocery Store [Store Address] [City, State, ZIP] Attention: Risk Management / General Counsel Re: Demand for Settlement — Slip-and-Fall Injury Claim Marcus Delgado v. Hargrove Grocery Store Incident Date: March 4, 2024 Store Location: [Address] --- Dear Sir or Madam: This firm represents Marcus Delgado regarding a serious personal injury claim arising from his slip-and-fall incident at your establishment on March 4, 2024. Our client has attempted to resolve this matter amicably and now seeks fair compensation for his injuries, medical expenses, lost income, and pain and suffering. 1. STATEMENT OF FACTS 1.1 On or about March 4, 2024, at approximately [time], Mr. Delgado was lawfully shopping in the produce section of your store located at [address]. 1.2 Without warning or visible caution signage, a wet floor condition existed near the produce section, created by [describe cause: water spillage, cleaning, condensation, etc.]. Mr. Delgado did not observe this hazard until his feet slipped, causing him to fall. 1.3 As a result of this fall, Mr. Delgado sustained a torn meniscus requiring surgical intervention. He incurred emergency room evaluation, orthopedic surgery, and post-operative physical therapy. 1.4 Due to his injury and medical treatment, Mr. Delgado was unable to work for approximately six (6) weeks, during which time he performed duties as a warehouse supervisor earning [hourly rate × hours lost]. 1.5 Mr. Delgado continues to experience residual pain and functional limitations affecting his daily activities and work capacity. 2. LEGAL BASIS FOR LIABILITY 2.1 Premises Liability — Duty of Care. As the owner and operator of a commercial premises, Hargrove Grocery Store owed Mr. Delgado a duty to maintain the premises in a reasonably safe condition and to warn of known or reasonably discoverable hazards. [Cite: Florida Premises Liability Standards — verify specific case law (e.g., Hoffman v. Tyler) and any applicable statute on constructive notice timelines.] 2.2 Negligence. Hargrove Grocery Store breached its duty of care by: (a) Creating and/or permitting a wet floor hazard to exist without taking precautions (mops, barriers, signs); (b) Failing to place visible warning signs or cones alerting customers to the hazard; (c) Failing to inspect the area with reasonable frequency; (d) Failing to remedy the hazard within a reasonable time after discovery or upon constructive notice. 2.3 Failure to Warn. The absence of signage or verbal warning violated the store's duty to alert customers to non-obvious dangers. [Verify: Florida's comparative fault standard under Fla. Stat. § 768.31 and whether assumption of risk applies.] 2.4 Comparative Fault Considerations. While Florida law permits a defendant to raise comparative negligence as an affirmative defense, nothing in the incident suggests Mr. Delgado contributed to his injury. He was a business invitee using the store in the ordinary manner. Hargrove Grocery Store bears sole responsibility for the hazard. 3. DAMAGES 3.1 Economic Damages Medical Expenses: $18,400 • Emergency room visit and imaging: $[breakdown] • Orthopedic surgery: $[breakdown] • Post-operative physical therapy: $[breakdown] • [Include any ongoing or future treatment: verify with medical provider] Total Medical: $18,400 Lost Wages: $9,750 • Period of lost work: 6 weeks • Hourly rate as warehouse supervisor: $[amount/hour] • Hours worked per week: 40 • Lost income: 6 weeks × 40 hrs × $[rate] = $9,750 Total Economic Damages: $28,150 3.2 Non-Economic Damages — Pain and Suffering Our client experienced significant pain, functional limitation, and reduced quality of life during his recovery. A torn meniscus, even after surgical repair, often results in residual discomfort and increased risk of future degeneration. Mr. Delgado continues to report pain during certain activities and remains concerned about long-term joint function. Request: $56,850 for pain and suffering, reflecting the severity of his injury, duration of recovery, and ongoing functional limitations. [Note: This figure is presented for settlement discussion purposes and is based on comparable injury awards in Florida premises-liability cases — counsel should verify against case law and settlement databases before finalizing.] 3.3 Total Demand Economic Damages: $28,150 Pain and Suffering: $56,850 TOTAL SETTLEMENT DEMAND: $85,000 4. INSURANCE AND NOTIFICATION We understand that Hargrove Grocery Store maintains commercial general liability insurance. We are providing this demand to allow the store and its insurer an opportunity to evaluate the claim and authorize settlement prior to litigation. [Verify: Whether any prior notice of loss was provided to the insurer and the insurer's policy limits and coverage terms.] 5. DEMAND AND DEADLINE We demand payment of $85,000 in full settlement of this claim, to be received no later than thirty (30) days from the date of this letter (on or before [specific date — 30 days from letter date]). This deadline is based on Florida's tradition of providing reasonable time for settlement negotiation and is consistent with customary pre-suit notice practices. [Note: Verify any applicable Florida statute on pre-suit notice periods for personal injury claims, such as Fla. Stat. § 768.56 or others.] Payment shall be made by cashier's check or wire transfer to the following account: [Counsel's Trust Account Information — include instructions for wire or check payment] If we do not receive payment or a substantive response from you or your liability insurance carrier by the deadline, our client has instructed us to pursue this claim through formal litigation, including filing a complaint in the appropriate Florida state court. [Verify: Whether any statute permits addition of attorney fees, costs, or interest if the defendant fails to settle and the client recovers a judgment — do not assert this unless counsel confirms applicable law.] 6. STATUTE OF LIMITATIONS NOTICE Our client is acting reasonably and in good faith to attempt an amicable resolution. He is not required to do so under Florida law. However, please be advised that the statute of limitations for personal-injury claims in Florida is four (4) years from the date of injury [Verify: Fla. Stat. § 95.11(3) and ensure this is the correct statute for premises-liability claims]. Our client retains the right to file suit at any time prior to the expiration of this period. 7. PRESERVATION OF EVIDENCE Please preserve all evidence related to this incident, including but not limited to: • Video surveillance footage from March 4, 2024 (time range to be specified) • Written incident reports filed with the store • Maintenance logs and cleaning schedules for the date in question • Witness statements from employees or customers present at the time • Photographs of the produce section and any signage • Store policies regarding hazard inspection and warning procedures Failure to preserve material evidence may result in sanctions and adverse inferences in litigation. 8. CONFIDENTIALITY This demand and any subsequent settlement discussions are made in good faith to attempt resolution and should be treated as settlement negotiations protected from discovery under Florida Evidence Code § 90.408. These communications are inadmissible in any subsequent litigation. --- Please direct all communications regarding this matter to the undersigned. Sincerely, [Counsel Name] [Counsel Title / License Info: Florida Bar #[XXXXX]] [Law Firm Name] [Address] [Phone] [Email] cc: Marcus Delgado (client)

This is a demand letter in a Florida premises-liability slip-and-fall personal injury case. The letter presents Mr. Delgado's claim for $85,000 in settlement, comprised of $28,150 in economic damages (medical expenses $18,400 and lost wages $9,750) and $56,850 for pain and suffering related to a torn meniscus injury sustained on March 4, 2024. The letter establishes the factual background of the incident (wet floor without warning signage), the legal basis for liability (premises liability, negligence, breach of duty to warn), and addresses Florida's comparative-fault statute to preempt a comparative-negligence defense. The demand includes a 30-day response deadline, a requirement to preserve evidence, and a notice that failure to settle will result in formal litigation. The tone is professional and firm, reflecting an attorney's attempt to achieve an amicable resolution while making clear that the client is prepared to litigate. This is a draft suitable for attorney review and modification prior to sending.

AREAS REQUIRING ATTORNEY ATTENTION & VERIFICATION: 1. STATUTE OF LIMITATIONS & PRE-SUIT NOTICE: The letter asserts a 4-year statute of limitations for personal-injury claims under Fla. Stat. § 95.11(3). VERIFY: (a) that this is the correct statute for premises-liability claims in Florida; (b) whether any specific pre-suit notice period or "notice to insurer" statute applies (e.g., Fla. Stat. § 768.56 or similar); (c) whether the 30-day response deadline is consistent with Florida custom and does not create any procedural risk. Confirm before sending. 2. COMPARATIVE FAULT / ASSUMPTION OF RISK: The letter asserts that Florida law permits comparative-negligence defense and addresses it preemptively. VERIFY: (a) the current state of Florida case law on assumption of risk in commercial premises (recent decisions may have refined this); (b) whether any local court in the jurisdiction has specific tendencies regarding premises-liability comparative fault; (c) whether the description of Mr. Delgado's status as a business invitee is fully supported by facts. If his conduct was in any way unusual, consider refining this section. 3. PAIN & SUFFERING VALUATION: The letter claims $56,850 for pain and suffering, with a note suggesting this "reflects comparable injury awards." This is speculative and should be supported by actual case law or settlement data from the jurisdiction. BEFORE SENDING: (a) research recent settlements and judgments in Florida for torn-meniscus injuries; (b) verify that the $56,850 figure (roughly 2× economic damages) is defensible and typical for this injury profile; (c) consider whether the client's residual symptoms and functional limitations support the figure, and obtain detailed medical records and expert assessment if available. 4. INCIDENT CAUSATION & STORE LIABILITY: The letter states that a "wet floor condition existed" without specifying HOW it was created (water spillage, cleaning, condensation, etc.). BEFORE SENDING: (a) obtain a clear factual narrative from Mr. Delgado regarding what he observed and how the hazard was created; (b) obtain any store incident report or witness statements; (c) determine whether the store was actively cleaning (recent spill) or had been negligent in maintaining the area for an extended period — this affects causation strength; (d) obtain surveillance footage if available to establish the store's knowledge of the hazard. 5. MEDICAL DAMAGES SUBSTANTIATION: The letter lists $18,400 in medical expenses but does not break down the costs. BEFORE SENDING: (a) verify all medical bills and providers with Mr. Delgado; (b) ensure all charges are reasonable and related to the injury; (c) confirm that future treatment costs (if any) are included or addressed; (d) obtain medical records and provider declarations regarding the injury and causation; (e) verify that the surgical repair was appropriate and that the meniscus injury was directly caused by the fall. 6. LOST WAGES SUBSTANTIATION: The letter calculates lost wages at $9,750 based on 6 weeks of lost work. BEFORE SENDING: (a) verify with Mr. Delgado's employer that 6 weeks of work was lost and the precise dates; (b) obtain pay stubs or employer statement confirming his hourly rate and standard weekly hours; (c) ensure that wages are documented as actually lost (not speculative); (d) consider whether any partial-work period is involved (e.g., light duty). 7. INSURANCE COVERAGE & POLICY DETAILS: The letter assumes Hargrove Grocery Store maintains commercial general liability insurance. VERIFY: (a) whether the store's insurer has been identified and contacted; (b) the policy limits and coverage; (c) whether the policy covers slip-and-fall incidents or whether any exclusion applies; (d) the correct address and claims-handling contact for the insurer. 8. EVIDENCE PRESERVATION: The letter instructs the store to preserve surveillance footage, incident reports, maintenance logs, witness statements, and policies. VERIFY: (a) that Mr. Delgado has not already made an incident report or claim directly with the store (which could affect the preservation letter's tone); (b) whether any evidence has already been destroyed or is subject to a retention policy shorter than the litigation window. 9. ATTORNEY AUTHORITY & CAPACITY: Confirm that counsel is authorized to represent Mr. Delgado and has his written agreement to settle on these terms, with authority to demand $85,000. Ensure a signed representation agreement is in the file. 10. SETTLEMENT AUTHORITY: The letter demands $85,000 but does not confirm whether Mr. Delgado has authorized this as his settlement demand or minimum, or whether negotiation is anticipated. BEFORE SENDING: Confirm with the client that this figure and deadline are acceptable. 11. FLORIDA-SPECIFIC PROCEDURAL ISSUES: This letter is styled for Florida state court. Confirm that: (a) the incident occurred and suit would be filed in Florida; (b) federal question or diversity jurisdiction does not apply; (c) any local court rules regarding pre-suit notice or demand formatting are satisfied. 12. LEGAL SUFFICIENCY FOR PREMISES LIABILITY: While the letter asserts the legal elements of premises liability, VERIFY that Florida case law (e.g., Hoffman v. Tyler or current precedent) supports the standard of care, notice (actual or constructive), and breach as stated. If the store can claim that the hazard was created moments before and the store had no opportunity to discover it, the letter's liability allegations may be weak — counsel should assess this. 13. CONFIDENTIALITY & SETTLEMENT PRIVILEGE: The letter claims the demand is protected by settlement negotiation privilege under Fla. Evid. Code § 90.408. Verify that this statute applies to pre-suit demand letters and that the privilege language is correct. FINAL NOTES: - This is a DRAFT and is not ready to send without attorney review and modification. - Counsel must confirm all factual allegations with Mr. Delgado before transmission. - All bracketed placeholders and "[Verify]" notations must be resolved. - Consider obtaining a signed authorization from Mr. Delgado before sending. - After sending, maintain a copy for the client file and track the 30-day response deadline.