If you have been involved in an auto accident and you suffered damages, you should consult with an attorney about writing a demand letter. A demand letter basically summarizes the accident, explains the damages that you suffered, details your injuries, and then asks for a lump sum settlement to resolve the losses.
The demand letter is sent to the liable party and/or his or her insurance company. Often, when you provide clear evidence that supports your claim, demand letters can get a response and keep you from proceeding to court regarding your personal injury claim. While you could write your own demand letter, more complicated cases or cases with higher damages need a lawyer’s skills to ensure they are properly worded.
What Details Should be in a Demand Letter?
If you write a demand letter, you are making the other party aware of your complaint. You are letting him or her know that you believe they are liable for your damages and that you believe they are at fault for the accident. To have a successful personal injury claim, you will need to prove that the other party was negligent. A personal injury attorney will go through all four elements of negligence and prove that the other party acted negligently and is therefore, responsible for your damages.
The first element of negligence is duty. You can easily prove that because all drivers have a duty of care that must be exercised, which means they must act in a manner to avoid crashes and keep others from harm. Second, you will need to show that duty was breached. That means that he or she failed to exercise care. That might be driving too fast, following too closely, driving while drunk, or so forth. Third, you will need to show that when that duty was breached, the accident resulted. When they followed your car too closely, they rear-ended you. And, fourth, show that accident caused your damages. For example, being rear-ended caused whiplash.
Include Some Additional Evidence
You might want to include a copy of the accident report. Also, include written repair estimates for the damages to your vehicle along with copies of medical bills. You should also send documentation that shows missed work and lost wages. Be sure to mention any injuries and damages, so they will know what you are asking to be compensated. You might want to include a letter from your physician stating the need for future medical care or future time off from work. You will have to provide evidence that effectively supports your claim. A personal injury attorney can help you gather this documentation.
Consult With a Personal Injury Attorney
If you have been involved in an auto accident, you should consult with a personal injury attorney. Your lawyer will review your case, determine the value of your claim and then get your claim on the right track by writing a demand letter. Complete the Free Case Evaluation Form today!
