What is a Personal Injury Demand Letter?
Sending a demand letter to the liable insurance company is often one of the first steps in attempting to recover compensation for an injury caused by another. Generally, the letter is written and sent by the victim’s lawyer. Below, learn more about what goes in a demand letter.
If you were injured in an accident caused by someone else’s negligence, you should strongly consider speaking to one of our Charleston personal injury lawyers. Our attorneys are prepared to help you through each step of the legal process.
The consultation to discuss your claim is free, and we do not charge you anything while we work on your case.
What Should Be Included in a Demand Letter?
The purpose of a demand letter is to inform the liable party that you are pursuing compensation for your economic and non-economic damages. The letter covers several things about the accident and your claim.
Narrative of the Accident
In addition to including your information and who the letter is directed toward, the introductory portion of the letter needs to provide a clear description of your version of what happened before, during and after your accident. If your case makes it to court, the demand letter may serve as a first draft of your version of events to challenge the other party’s claims.
Extent of Your Damages
Without damages, there may not be a case, so it is important that you detail the extent of your damages caused by the accident. This includes economic and non-economic damages, such as:
- Lost wages
- Medical bills
- Property damage
- Pain and suffering
Evidence to Support Your Claim
Evidence to back up your claims about how the accident occurred and the damages it caused should also be included in a demand letter, as it may help strengthen your claim for compensation. Evidence you may want to attach includes:
- Police/crash reports
- Vehicle repair shop bills
- Doctor’s notes detailing your injuries
- Copies of medical bills stating how much you owe for treatment
Specific Demands for Compensation
In a demand letter, you may request compensation for both monetary and emotional damages. Due to the complex nature of calculating non-economic damages, it may be in your best interest to consult one of our licensed attorneys who may be able to help calculate the full value of your claim.
Aside from demanding monetary compensation, your demand letter should also detail when you expect a reply and what your intentions are in case your needs are not met.
What To Expect After Sending the Demand Letter
After you have sent your demand letter to the liable insurance company, it may take some time for the opposing side to come up with a response. Usually, the counteroffer from the insurer is for far less than what you are demanding, but it may work well as a starting point to open the door for negotiations.
However, when the negotiations between the two parties break down, your attorney may recommend filing a lawsuit. Sometimes, this step is necessary to show the insurance company you are serious about recovering compensation.
While filing a lawsuit may be a necessary step if your demands are not met, it is important to note that not every injury claim makes it to trial. Insurance companies often agree to a settlement before discovery begins, or shortly after.
Let an Experienced Attorney Help You File a Claim. Call Us Today.
If you were injured in an accident caused by someone else’s negligent actions, you should strongly consider speaking to a knowledgeable attorney who may be able to help you through the process.
Since 2013, Roden Law has been representing injury victims at no upfront cost. Our attorneys work on contingency, which means that we do not get paid unless you do, so there is no risk to call today.
Speak to one of our licensed attorneys about your claim during a free consultation and learn how we may be able to help you recover the compensation you need for medical bills, lost wages and other damages.