If you have suffered damages in an accident, the demand letter is the centerpiece of your personal injury settlement. The letter basically is telling the other party, who is responsible for your damages, that you mean business and that you want to get this matter resolved. If it isn’t resolved, then you will be pursuing your claim in a court of law by filing a lawsuit.
There are several things that are covered in a personal injury demand letter:
- The demand letter will show why the other party is legally responsible for your damages.
- The letter will indicate what injuries you suffered and how you are affected by them.
- The letter will identify where you sought medical care, what kind of treatment you received, and then the cost of this care.
- The letter will provide evidence of missed work and lost wages. This could be work excuses written by the physician, pay stubs, copies of schedules, and statements from supervisors.
- The letter will explain any other damages that you suffered because of the accident. Usually, one accident results in numerous damages. Other damages might include pain and suffering, long-term disabilities, permanent scarring and disfigurement, emotional distress or mental trauma, loss of consortium, loss of enjoyment of life, and more.
The other party’s insurance company will compare your demand letter with their details about the accident. Usually, they will make you an offer on the settlement after they see the figure you have requested. You will then enter a back and forth negotiation process, so the letter needs to make your claim as strong and convincing as possible.
You should not discuss any weaknesses in your demand letter because that can cause issues when reaching a settlement.
How the Demand Letter Works
The demand letter should indicate your theory of the case and state your demands. This letter should demonstrate to the insurance company your understanding of the events, how you are organized in presentation, and your level of preparation for pursuing the claim. A good demand letter will have useful information presented in a clear, organized, and accurate manner so you can pursue a fair injury settlement for your damages.
To show the other party that you are serious, you should have a personal injury attorney write the demand letter. This lets the other party know that if they don’t respond, a lawsuit will be filed just as the letter states. You want to handle things in a professional, direct, and clear manner so your expectations are understood and the other party has no doubt that you are willing to take additional action if an agreement is not reached.
Consult With a Personal Injury Lawyer
Because of the complexity of personal injury claims, you need to consult with a personal injury attorney right away. By enlisting the help of a lawyer early on, you are improving your chances of a successful settlement even before the case advances to a courtroom setting. Get your free case review today!
