Letter · Personal Injury & Compensation

Letter of representation and preservation

Notice that a lawyer represents an injured person, and a request that the recipient keep records and electronically stored information about the incident.

Kind: Letter. A letter or email you adapt and send.
Where it applies: United States
AI use: Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at: 22 October 2026
Status: Maintained. Checked on 22 October 2026 against the authority it cites, for United States.
Version: 1
Source: Written for this library

When to use it

Use at the start of a personal-injury claim, to the person claimed to be responsible and to any insurer the lawyer has identified. It is not the demand package. It states no damages figure unless the lawyer adds one.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may draft the letter from the incident date and the record categories the lawyer lists. The lawyer decides who receives it and whether litigation is reasonably foreseeable.

AI may

Insert the incident date, place, and the recipient from the intake the lawyer confirms
List only the record categories the lawyer names
Flag a damages number or an admission the lawyer did not write

AI must not

Must not state a damages figure or a policy limit
Must not assert that a preservation duty has already been breached
Must not send the letter

The lawyer checks

The recipient and the incident match the file
No state pre-suit notice statute is cited unless the lawyer has opened it and supplied the citation
The letter does not double as the HIPAA authorization

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Fed. R. Civ. P. 37(e) and the 2015 advisory committee note (common-law duty when litigation is reasonably foreseeable; reasonable steps; the rule creates no new duty)

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