If you suffered injuries that were caused by the negligence of another party, you need to know how to start the process that gets you compensated for your injuries. A demand letter informs one or more parties that you plan to seek monetary damages.
A personal injury demand letter written by an attorney can motivate the other party to settle out of court to avoid a costly and time-consuming civil lawsuit. If you were involved in an auto accident or are a victim of medical malpractice, here are a few things to know that include how to write a sample demand letter.
What is a Demand Letter?
As the first tactic used to resolve a personal injury dispute, a demand letter lets one or more other parties know that you are serious about recovering the financial losses produced by a personal injury incident. The goal is to resolve a dispute before you take formal legal action by filing a civil lawsuit.
Drafted by a personal injury lawyer, a demand letter should include language that requests compensation for the money you have spent and are expected to spend for taking care of one or more injuries.
The recipient of a demand letter should know about the timetable the party has to respond to your demand letter, as well as the steps the party needs to take to resolve the personal injury dispute.
When Should You Use a Demand Letter
A demand letter is an effective piece of correspondence used to settle personal injury cases. Most states have established a statute of limitations for filing a personal injury lawsuit, which means you have to send the other party a demand letter before the deadline expires for taking legal action.
Before sending a demand letter, your lawyer will try to negotiate a settlement by conducting informal interactions with the other party’s lawyer. If your attorney fails to get compensation for your injuries, the next step is to send a formal letter that describes your intent to take the other party to court.
A demand letter is also a useful tool when another party owes you money. This includes a business relationship in which another party failed to compensate you for providing a product or service. For example, you send a demand letter to a customer who failed to pay you for repairing the damage done to the roof of your home.
How to Write a Demand Letter
As you will notice with our demand letter sample, writing the letter requires you to present an easy-to-read format that uses correct spelling and grammar. This is why having a personal injury lawyer craft your demand letter is important.
Knowing the answer to the question “What is a demand letter” involves knowing the components that constitute this form of legal correspondence.
Heading
The heading of a demand letter describes the relationship between you and the other party. It must include your name and contact information, as well as the date when you send the letter.
You should write a line or two informing the other party about the claim title and the purpose of the written correspondence. End the heading with the date and types of injuries that you suffered.
Overview of the Incident
The introductory paragraph should include language that provides the other party with an overview of your claim. This section should include the date, time, and location of the personal injury incident.
Legal Foundation for Monetary Damages
The longest section of your demand letter should explain in detail how the personal injury incident unfolded. You should provide details of the circumstance of the incident, as well as a description of every injury that you suffered because of it.
This section of a demand letter should include facts, such as mentioning evidence and witness accounts of the incident.
Request for Compensation
You list the financial losses you have incurred because of the personal injury incident. Include every type of medical expense and the cost it took to repair property damage. Lost income is another financial loss that your lawyer should include in the request for compensation section.
Finally, end the demand letter by reiterating your desire to keep the legal matter out of court.
- Demand Letter Template
- Michael Rogers
- Home address
- Case name and number
Dear Carlos:
As we discussed on the phone, Mr. Rogers receive multiple injuries because of an auto accident that involved your client on December 4, 2020. Mr. Rogers has not worked since the incident and up to the date of this letter, has racked up medical bills that exceed $150,000
We expect future medical costs to be at least $50,000, with lost wages costing Mr. Rogers more than $75,000. We also plan to ask for compensation that covers pain and suffering worth $80,000
As of March 12, 2019, Mr. Rogers worked as a general manager for the Olive Garden. His job requires a significant amount of physical exertion, as well as the mental acuity to manage a large staff in a high-pressure environment.
The incident that has caused his injuries deprives him of the mental and physical skills Mr. Rogers needs to thrive on the job. At the time of his injuries, Michael earned $60,000 in base salary, with bonuses accounting for $15,000 per year in compensation.
Facts of the Incident
On December 4, 2020, Mr. Rogers was struck by a blue Ford Taurus while attempting to make a left turn at a traffic stop. As the camera footage of the incident demonstrates, Michael had the green arrow light to make his turn.
When he started to turn left, your client’s vehicle struck Michael’s car on the side. After giving his statement to law enforcement, Mr. Rogers went to St. Luke’s Hospital to receive medical treatment for his injuries.
Mr. Rogers suffered lacerations, torn knee ligaments, and severe whiplash, all of which we have received confirmation of in the form of the results of diagnostic tests.
You and your client have contested both the cause of the incident and the extent of my client’s injuries. We do not believe this is a legally valid dispute as proven by the evidence and the accounts of witnesses that have given their statements to law enforcement.
Legal Action
If we cannot resolve this dispute, Mr. Rogers has informed me that he is ready to pursue monetary damages by filing a lawsuit. Not only will we attempt to recover every expense associated with the incident, but we also will seek monetary damages for pain and suffering. In Illinois, there is not a cap on the monetary damages awarded for pain and suffering.
If we cannot settle this legal matter, we are fully prepared to take our case in front of a judge for resolution.
Sincerely,
Samantha Collins
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