What Is a Personal Injury Demand Letter?: You may be entitled to seek compensation if you have been injured due to someone else’s reckless behavior and negligence.
What Is a Personal Injury Demand Letter?
However, you might be required to write a demand letter in hopes of settling your personal injury case, typically before filing a lawsuit in court.
It is vital to understand that a demand letter outlines your case details, including coverage, a description of liability, and economic and non-economic damages.
What Does a Demand Letter Contain?
For starters, a demand letter aims to inform the responsible party that you are taking legal action to seek compensation for your injuries and damages.
The introduction of the letter usually provides information about you, who the demand letter is directed toward, and why you are writing it.
This is where you can discuss what led up to the accident that caused your injuries and damages in as much detail as possible.
In the next section of your demand letter, you should describe the extent of the damages caused by your accident. Here you must outline all the economic damages (lost wages, medical expenses, property damage, etc.) and non-economic damages (emotional damages, loss of consortium, and pain and suffering).
Then you need to outline all the evidence proving that the other party is responsible for your injuries and damages. You can include a description of medical or police reports supporting your claim.
Ultimately, it would be best if you ended with your demands for financial compensation.
Your demand letter must be professional when you are making such demands and asking the insurer for a response within a reasonable time.
Who Should Write a Demand Letter?
It is in your best interest to have a personal injury attorney represent your case and write your demand letter. After all, an attorney knows how to lay out the facts of a claim, outlining the demands for the type of compensation in your case.
Doing so, you will be more likely to get a settlement offer from an insurance company.
The Demand Letter is Sent. Now What?
After your personal injury attorney writes the demand letter and sends it to the liable party, you must wait until you receive a response. The reply can go several ways.
The first, and generally the most unlikely, is that the insurer will accept your demand, pay your settlement, and the case closed.
On the other hand, the more likely outcome is that the insurer rejects your demand and sends a counteroffer far below your desired compensation.
In this situation, the attorney will write another letter with an adjusted amount until both sides are content.
If the insurance company denies liability or does not meet your meets regardless of the numerous counteroffers, your personal injury attorney can recommend filing a lawsuit to seek compensation.
Even though a lawsuit is more likely than the insurer agreeing to your initial demands, it is less likely because most personal injury claims are settled before going to trial.