Demand Letters in Personal Injury Claims
After suffering an injury because of the negligence of another party, you may be able to recover financial compensation from the negligent party’s insurance company through a personal injury case. Personal injury cases can be resolved either outside of court through a settlement agreement or in court through a jury verdict. Before a personal injury claim is settled outside of court or before it proceeds to court, the plaintiff or their lawyer must send a “demand letter” to the defendant and their representatives. A demand letter is generally a formal request for compensation from the at-fault party or their insurance company. Read on for more about demand letters.
What Is a Demand Letter?
A demand letter is a formal document that the claimant or their attorney drafts to initiate the negotiation process with the at-fault party, their attorney, or their insurance company. A demand letter states what the claimant wants in compensation and the basis for the monetary demand. Demand letters contain relevant information for the at-fault party, their attorney, or their insurance company to evaluate. The following are some of the key components of a demand letter;
- Introduction and background information: Usually, a demand letter starts off by stating the purpose of the communication. It identifies the involved parties and details the incident that led to the injury. The introduction is your chance to lay out – in factual terms – your version of what happened. However, don’t say things you cannot prove or make false accusations.
- Details of injuries and medical treatment: This part of the demand letter outlines the injuries suffered and the required medical treatment. Often, this section is supported by medical reports and other relevant documentation supporting this section.
- Damages: A demand letter must include a detailed enumeration of all the damages, both economic and non-economic, incurred as a result of the incident, including medical expenses, lost wages, and pain and suffering.
- Settlement demand: A demand letter must include a specific monetary demand for settlement. This amount should cover all the damages.
- Response deadline: It is vital to include in a demand letter a deadline for the at-fault party, their attorney, or their insurance company to respond.
- Legal action warning: It is also recommended that a demand letter include a warning that a lack of response or unfair negotiation could lead to legal action, such as a lawsuit.
How to Craft an Effective Demand Letter
An effective demand letter could be the difference between getting a satisfactory and unsatisfactory outcome. An attorney with experience handling personal injury cases can help you draft a clear, concise, professional demand letter. They can help you draft a persuasive yet factual demand letter that is evidence-based.
Possible Responses You Could Get After Sending Out a Demand Letter
After sending a demand letter to the at-fault party and their representatives, they may agree to the settlement amount. Second, they could propose a counteroffer, initiating negotiations. Third, they may dispute or deny the claim, necessitating further discussion or evidence. Lastly, there may be no response, necessitating legal action.
Contact a London and Southeast Kentucky Personal Injury Attorney
With the assistance of a qualified London and Southeast Kentucky personal injury attorney at Cessna & George Law Firm, an effective demand letter can pave the way for you to obtain the compensation you deserve for your injuries and damages.
