When you have been involved in an accident that resulted in injuries, you have suffered some form of pain and suffering. When you write a demand letter, you are telling the other party how much you want to receive for your injuries and damages.
The demand letter is designed to release the other party of liability and to provide you with a settlement that satisfactorily resolves your claim. You will want to come up with a fair amount in your demand letter, so all your damages are covered but you are not overreaching. You will want to claim pain and suffering in your total.
Coming Up With a Fair Value
You want to review the damages formula, so you can come up with a fair amount for your settlement. You want to include figures for lost income and medical care and then either use a higher or lower range formula, depending on the severity of your injuries, to get a settlement amount.
You also need to consider the evidence you must show that the other party was at fault for the injuries that you suffered. Consider comparative negligence, eyewitness availability, the damages that resulted, and your level of patience when you set a settlement value.
Start With a Higher Figure
You want to ask for more than you are willing to settle for in the demand letter, but don’t set that figure too high. You want to start too high because you know the insurance adjuster will start too low.
However, do not make the figure too high or the insurance adjuster will know that it is meaningless figure. As an example, if your claim is worth about $3,000, then you can make your first demand for about $5,000. If your claim is worth about $5,000, then your first demand can be anywhere from $8,000 to $10,000.
Adding Up Damages
Some damages are non-economic in nature, such as your pain and suffering. To come up with a figure for this, you will need to add up your medical expenses and then multiply that number by 1.5 to 5 depending on the severity of the injuries and the long-term effects.
For example, a broken bone might warrant the costs to be multiplied by 3 while whiplash might warrant it to be multiplied by 1.5. You will then come up with a figure. Now, don’t forget to add your lost wages on top of that figure to get a fair settlement amount. Now, you will boost up that number, so you can negotiate with the insurance company.
Consult With a Personal Injury Attorney
If you have been injured in an accident, you should consult with a personal injury attorney. Your damages could vary significantly, and a personal injury attorney will be able to determine a fair value for your claim. Each state has a statute of limitations, and if you wait too long, you will not be able to recover compensation for your losses. Get your free case review today!
