Ever heard of a demand letter derailing a lawsuit before it even starts? In Florida, your demand letter is more than a courtesy—it’s a strategic move that can make or break your case. Courts and statutes, including Fla. Stat. § 768.28, often require a formal demand before you file suit, especially in claims against government entities or under certain contract provisions.
The content of your demand letter matters. Florida Rules of Civil Procedure 1.110 require clarity and factual accuracy. Avoid threats, exaggerations, or admissions that could be used against you. Many litigants sabotage their own claims by overstating damages, making legal threats, or including confidential information. These mistakes can undermine your credibility, limit your options, or even result in sanctions.
Timing is critical. Some statutes require pre-suit notice or demand, and missing these steps can delay or dismiss your case. Your demand letter should state the facts, the relief sought, and a reasonable deadline for response. Keep it professional, concise, and compliant with Florida law. If you’re unsure, consult with our firm before sending anything—one wrong sentence can cost you leverage or admissibility in court.
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Disclaimer: This content is for informational purposes only and does not constitute legal advice, and laws and legal interpretations may change after the date of publication.
Written by:
Gil Sánchez, Esq.
CEO | Civil Trial Attorney
Black Rock Trial Lawyers
Abogados Law
