If you have suffered damages in an accident, you will want to pursue a personal injury claim, so you can get compensated for your losses. Your first step, before filing a lawsuit in court, will be to send the other party a demand letter. This letter will indicate what happened, what damages you suffered, why the other party is liable, and the amount of money you are willing to settle for.
A formal demand letter needs to follow a good format, but it should also be concise, clear, and to the point. You should use simple language that is easily understood. While you can write your own demand letter, you can benefit significantly by having a personal injury attorney write it for you.
The Format of the Letter
The format of the letter is formal, yet simple. Carefully consider the outline of your case. Look at how much time a defense will take, if you would be embarrassed by this dispute being resolved in public, and if there is a chance you could lose if the case advances to court. You want the letter to be well-written and professional.
Here are some key tips to writing a formal demand letter:
- Type your letter. Even if you must go to a public library, you want the letter to look good.
- Include the facts. While the other party should know what happened, remember, this could end up in court and you want the judge to understand what happened. Make a note of the initial dispute, any phone conversations, attempted conversations where calls were not answered or not returned, and inappropriate behavior by the other party.
- Always be polite and never threaten the other party. Be calm and confident. Don’t try to intimidate.
- Ask for what you want, but always inflate the amount a little so you will have room to negotiate. If you want $2,000, then you should ask for $3,000 - $4,000.
- Keep copies of every letter before you send it. Send it certified mail and keep the receipts that show the letter was delivered. Keep copies of all correspondence from the other party.
- Put your name and contact details on the letter, so the other party can respond to you.
Make Sure You Send the Letter in a Timely Manner
A statute of limitations applies to all personal injury claims. While that time limit can vary from one state to another, you need to make sure your claim is filed before that time limit expires, or you will not be able to recover compensation for your damages. Your personal injury attorney will know the time limits and can effectively and efficiently proceed with your claim.
Consult With a Personal Injury Lawyer
If you have been injured in an accident, consult with a personal injury attorney. A demand letter written and sent by a lawyer will likely get a faster response than a letter written and sent by you personally. Complete the Free Case Evaluation Form today, so you can get in touch with an accident injury lawyer who will tell you the best way to proceed with your case.
