Mail trucks are out delivering packets to customers all day long, often in difficult driving conditions. If a driver loses control of his truck and hits you, causing you serious injury, you may be eligible to file a personal injury claim to cover your financial hardship caused by an accident that wasn’t your fault. The first stage of a PI claim is when your PI attorney compiles a demand letter and sends it to their insurer.
PI Claim Sample Demand Letter
A demand letter is not only the first step when filing a PI claim, but it’s central to the PI claim’s process. All negotiations to do with your PI claim are as a result of the information provided in the demand letter. The demand letter has to include all the details about the accident such as the date and the injuries you received. You should also include any medical evidence, like bills that help to clarify how much medical treatment you are receiving.
Lastly, your demand for damages should take into consideration not just your medical costs but any lost income from wages. You should use clear, concise language, have an excellent argument showing why you are eligible for the claim and why the driver was responsible for your accident and subsequent injuries. A breakdown of the value of your claim needs to be included too.
Calculating the Value of a PI Claim
There are a number of facts you will need to include in your demand letter which should include:
- how much you have paid for medical treatment;
- the cost of any further medical treatment;
- what wages you have lost;
- a calculation for wages lost until you return to work;
- a breakdown for the value of your pain and suffering.
You need to back up these amounts with receipts you have been given and a letter from your employer stating the value of your income.
How Long Does It Take to Reach a Settlement?
If the demand letter is well written and all the important details have been included the negotiation won’t take too long. Sometimes the insurer will ask for more clarification of some of the details and may also try to offer a lower amount. This is far more likely to happen if an attorney is not acting on your behalf.
Why You Need an Attorney
Even though you could file a PI claim yourself it might not be as easy as you think. As soon as the insurer sees you have no attorney representing you s/he will be thinking how they can get out of honoring this claim. An attorney has built up respect from insurers and will get a successful settlement far quicker than if you took on the task yourself. Your demand letter could end up on deaf ears and you may get so disillusioned waiting to hear the outcome that you get on with your life as if nothing had happened.
*Disclaimer
The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Fedex, or any other party, you may not be entitled to any compensation.
