A demand letter is the first major step in negotiating a personal injury claim, and is the central document in the claim itself. All negotiations of a settlement revolve around the details put forth in the letter.
All personal injury demand letters should include all of the parties involved, a description of the accident, a summary of the damages and aftermath, and a demand for compensation. Equally important is to not include things like an unreasonable demand, an admission of fault, or precise details that can be challenged. A personal injury attorney can help prepare an effective demand letter.
A well-written demand letter that covers all the essential details can make a settlement negotiation go smoothly and much faster.
- Why are they important:
- The purpose of a demand letter is to show the other party and their insurer that you are serious. It will give them the opportunity to consider the options and to make up their mind about what to do regarding the situation. Remember that the demand letter should be professional and to the point because if your claim ends up as a lawsuit in court, the presiding judge will read the initial demand letter that you sent.
- Your demand letter is the first step in filing a personal injury claim. And, as it is often said, the first step is often the most important. The demand letter is your legal complaint. You explain the dispute, what you want, and why you want the matter resolved in court. In the letter, be sure to include a dollar amount for which you are asking to cover your damages and be specific about the relief that you are asking.
- The letter is sent to the party that you have a dispute with, and if the claim isnât resolved, you will submit a copy of the demand letter to the clerk of the court. Any demand letter must be neat, well organized, and specific.
- A clear and concise demand letter that has evidence and details can often help you get an issue resolved without it having to advance to court.
- The letter allows your letter to assume seriousness. The other party must accept the fact that you arenât going to give up until you are compensated for your losses. They may even come to face the reality that this problem isnât going away and that you are going to advance to court if the issue isnât resolved.
- What to include in personal injury demand letter:
- When you're drafting your demand letter for your personal injury claim, there are a couple of things that you need to include. The most important thing is to make sure that your demand letter is well organized and that the language is professional.
- You should make sure that all you state all the facts that are pertaining to the case, which includes your information, the date of the accident and what injuries you sustained. When you explain the facts of the case, make sure they are specific, but concise.
- In your personal injury demand letter, you should also include any medical evidence, such as bills that help further describe the amount of treatment that you received. Lastly, you should set a demand for damages that takes into consideration your medical bills and any lost wages.
- A personal injury lawyer will be able to help you craft your demand letter for your personal injury claim.
- How to write an efficient demand letter
What are 4 things to include in a personal injury demand letter?
There are 4 things that victims should include in a personal injury demand letter:
- Who was involved in the accident, as well as their insurers: All personal injury demand letters should include the parties involved in the accident, as well as their insurers. The at-fault partyâs insurance policy number should be included as well, if it is known. The victimâs identity and contact information should also be included. These details generally go in the letterâs header
- What happened in the accident: Demand letters also include a description of the accident. This description is one of the biggest pieces to the letter. It explains what happened, how the victim got hurt, and why the at-fault party should be held liable. It can include:
- Witness statements,
- The police report, and
- Medical records.
- A description of the accidentâs aftermath and the victimâs injuries:
- The trauma of the accident
- The ambulance ride
- Any emergency care that the victim received
- Any fear or concern that the victimâs family experienced
- o The medical conditions that were diagnosed
- o Medical procedures or surgeries that were needed to treat the victimâs injuries
- The emotional distress and trauma of having a serious injury
- How painful and debilitating the injury was, whether the injury will prevent the victim from enjoying his or her favorite pastimes
- The need for ongoing and future care to recover
- Whether the victim missed work during the recovery process
- Whether the injuries will impair the victimâs ability to continue to work in his or her chosen profession.
This portion of the letter should also include a listing of the expenses or lost revenue that the victim has suffered. This covers: Medical bills, lost wages, and costs to repair or replace property damage
- A general, non-specific demand for compensation: Finally, the demand letter should include what is often referred to as âthe ask.â This is where the victim demands compensation for his or her losses from the recipient of the letter. How much compensation to demand can be tricky. If the victim demands too much, the recipient may find it unreasonable. It can make them decide to fight the claim all the way to court or make an equally unreasonable counteroffer. Demanding too little, however, can lead to the recipient making a personal injury settlement offer quickly, and for far less than it is really worth. Some experienced attorneys find that a victimâs pain and suffering and other non-economic damages can recover more compensation than for lost income and medical expenses, combined. However, each case is different.