The Personal Injury Demand Letter
When a person suffers injuries in an automobile accident, most often, the insurance claim is settled without having to go to court. The settlement is usually facilitated by a demand letter written by the injured party’s attorney. In this article, we will answer the question: what is a demand letter? We will also take a look at some of the particulars that make it an effective legal tool.
The First Step Toward Case Resolution
A demand letter is often the starting point toward the resolution of an insurance claim. They are commonly utilized in many types of legal matters, including personal injury cases. The point of a demand letter is to encourage the parties to compromise prior to filing a lawsuit. The document usually has several sections:
- A statement of the facts of the subject incident
- A citation and description of the laws that are relevant to the case facts
- An outline of economic damages (such as medical bills and wage loss)
- A description of noneconomic damages (pain and suffering, loss of consortium)
- A dollar amount demanded to settle the case
- A time limit for the insurance company to respond before litigation is initiated.
Anyone can send a demand letter, however, a skilled attorney will more likely be able to craft one that will result in the dispute being resolved. A thorough demand letter will be very important if the case is forced into litigation as it should outline in detail the key factors of the case.
What Happens After the Demand is Received?
Usually, there is a time limit – 30 days is common – outlined within the demand letter within which the insurance company must respond. In most cases, the insurance will offer less than what is demanded – often far less. This begins a period of negotiation. If the parties can reach an agreement as to a reasonable amount for the settlement, the negligent party will be released from liability once the settlement is finalized. If the parties cannot agree on a settlement amount, a lawsuit will be filed against the at-fault driver, and the case will proceed to trial.
When Should a Demand Letter be Sent?
There is some strategy involved with determining when a demand letter should be sent. An experienced attorney will know the best time. They are typically mailed only after the facts of the incident have been investigated, the insurance company has accepted fault, and the injured person has completed their medical treatment. It is important to provide all relevant evidence along with the letter.
The demand letter is often the first time an insurance adjuster will get a complete picture of the strength of the case. That is why it is necessary to build a strong argument that is well supported by evidence. Before it is served to the insurance company, the document should be carefully analyzed – it should be well written, persuasive, and include all the necessary supporting evidence. This will give the injured party the best chance to receive fair and prompt compensation for their damages.
Do I Need an Attorney to Write the Demand Letter?
While anyone can send one, having an attorney prepare and send your demand will ensure that all relevant information and law are included. It also will mean that it is taken seriously by the insurance company. If you are able to get your claim compromised sooner rather than later, it can save a lot of money, time, and anxiety.
Watch the YouTube video uploaded by the Colorado Bar Association on the topic of persuasive legal writing.
Personal Injury Attorney in Sacramento
Hello, and thanks for reading. I am Ed Smith, and I have been a personal injury attorney in Sacramento, California, for more than 38 years. The highways around the greater Sacramento area have become increasingly hazardous due to negligent drivers. If another’s recklessness has resulted in you suffering injuries in a car crash, call my firm to receive free and friendly advice from one of our injury lawyers. Our telephone numbers are (916) 921-6400 for local folks and (800) 404-5400 for those calling from outside the area.
Photo Attribution: https://pixabay.com/photos/writing-pen-man-ink-paper-pencils-1149962/
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