Ask a lawyer:
your son was riding a bicycle from Port Mixed Primary school upwards towards John Osogo during lunch break. towards john osogo boys high school, he was hit by a motorcyclist/bodaboda rider. this costed you financial for his treatment and the bo suffered permanent injuries. the owner of the motorcycle has been elusive in compensating you. you wish to be compensated for the injuries suffered by the boy. this has affected the son\'s academic and social life since the accident. you reported the matter to the police. your son is called. write a demand letter addressed to the owner of the motorcycle and his driver who caused the accident. demand compensation for your sons injury and medical expenses. point out that the accident was due to the negligence of the motorcyclist who did not observe traffic laws. in the demand letter indicate intention to seek further legal actions including a claim suit in court should they fail to..
Introduction
In this response, I will draft a demand letter addressed to the owner of the motorcycle and the driver who caused the accident involving your son. The letter will demand compensation for your son's injuries and medical expenses, and it will point out that the accident was due to the negligence of the motorcyclist who did not observe traffic laws. The letter will also indicate the intention to seek further legal actions, including a claim suit in court, should they fail to comply.
Table of Contents
Introduction
Draft Demand Letter
2.1. Address and Salutation
2.2. Background of the Incident
2.3. Details of the Injuries and Expenses
2.4. Allegation of Negligence
2.5. Demand for Compensation
2.6. Intention to Seek Legal Action
Conclusion
1. Introduction
The demand letter is a formal request for compensation addressed to the responsible parties. It outlines the incident, the injuries sustained, the expenses incurred, and the legal basis for the claim. The letter also serves as a notice of intent to pursue further legal action if the demand is not met.
2. Draft Demand Letter
2.1. Address and Salutation
[Your Name]
[Your Address]
[City, Postal Code]
[Email Address]
[Phone Number]
[Date]
[Owner's Name]
[Owner's Address]
[City, Postal Code]
[Driver's Name]
[Driver's Address]
[City, Postal Code]
Dear [Owner's Name] and [Driver's Name],
2.2. Background of the Incident
I am writing to you regarding an unfortunate incident that occurred on [Date of Accident], involving my son, [Son's Name], who was riding his bicycle from Port Mixed Primary School towards John Osogo Boys High School during lunch break. As he was riding upwards towards John Osogo, he was hit by a motorcycle/bodaboda, which was being driven by [Driver's Name]. The collision resulted in severe injuries to my son, necessitating immediate medical attention and ongoing treatment.
2.3. Details of the Injuries and Expenses
As a result of the accident, my son sustained [describe the injuries, e.g., fractures, head injuries, etc.]. He was admitted to [Name of Hospital] and has since undergone [describe the treatments, surgeries, etc.]. The medical expenses incurred to date amount to Ksh [amount], and additional costs are anticipated for his continued treatment and rehabilitation. Furthermore, the injuries have had a significant impact on his academic and social life, causing him to miss school and fall behind in his studies.
2.4. Allegation of Negligence
The accident was a direct result of the negligence of [Driver's Name], who failed to observe traffic laws and exercise due care while operating the motorcycle. Specifically, [Driver's Name] was [describe the negligent behavior, e.g., speeding, failing to yield, etc.], which led to the collision with my son. This negligence is in clear violation of the Traffic Act, Cap 403 of the Laws of Kenya, which mandates that all road users exercise due care and attention to avoid causing harm to others.
2.5. Demand for Compensation
In light of the above, I hereby demand that you compensate me for the following:
Medical expenses incurred to date: Ksh [amount]
Estimated future medical expenses: Ksh [amount]
Compensation for pain and suffering endured by my son
Compensation for the impact on my son's academic and social life
The total amount of compensation demanded is Ksh [total amount]. I request that this amount be paid within 14 days from the date of this letter.
2.6. Intention to Seek Legal Action
Please be advised that if I do not receive the full amount of compensation within the specified period, I will have no alternative but to seek further legal action. This will include filing a claim suit in court to recover the damages suffered as a result of your negligence. I trust that you will give this matter the urgent attention it deserves to avoid unnecessary legal proceedings.
3. Conclusion
I hope that we can resolve this matter amicably and without the need for further legal action. I look forward to your prompt response and settlement of the compensation demanded.
Yours sincerely,
[Your Name]
This draft demand letter outlines the incident, the injuries sustained, the expenses incurred, and the legal basis for the claim. It also serves as a notice of intent to pursue further legal action if the demand is not met. The letter is structured to provide a clear and concise account of the events and the basis for the compensation demand, in accordance with the relevant laws and regulations in Kenya.
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