A personal injury demand letter is something that is sent to the insurance dealers if you had one in the first place. Other parties who deal with financial-related issues during an incident are also liable to fall into this category.
As any personal injury lawyer can tell you, settlement talks should begin early in injury cases. Since by far most cases don’t go to court, these dealings can be where a personal injury case is won or lost. This implies that the beginning stages for outlining settlement goals for your legal matter should be communicated clearly, which is commonly done through submitting an individual injury demand letter.
To be precise, the demand letter is where you communicate your viewpoint in the best light to the defending party in question, commonly an insurance agency, and sum up the reason for the total financial worth of the case. To get talks started on the right foot, you ought to follow a few best standards and stay away from a few normal errors, which we will cover in this blog.
Main Elements of a Personal Injury Demand Letter
Presentation and Foundation Data
Get the letter started by presenting yourself and who you are addressing. The subtleties here will vary on the subject matter or the nature of the incident. For instance, has a claim already been recorded at this point, or is the prosecution continuing and the disclosure in progress? Is this request letter sent before the first offer, or has an offer been made already? Therefore, it is important to tailor your presentation properly.
The Type Of Incident and Resulting Injuries
Incorporate a definite illustration of the accident or other thing that caused your injuries. This portrayal should incorporate the date and area of the accident, as well as the relevant encompassing conditions. This portrayal should likewise clearly define how the offending party is liable for any of your injuries.
Make certain to feature any novel realities of your case that make it stand apart from other individual injury cases. You need to keep away from a situation where the insurance company doesn’t take your claim seriously as they read the letter, thinking this is simply another common slip-and-fall or car crash.
The length and detail of the demand letter are oftentime affected by the financial value of the case. For a case with seven-figure settlement potential, a very far-reaching letter might be required. Nonetheless, such a letter might be counterproductive for more modest cases, since the claims adjuster might accept it as a sign the lawyer is unpracticed and in this way unlikely to take the case to court and eventually win.
Medical Documentation and Treatment Subtleties
Injuries resulting from the accident should be demonstrated along with any medical documentation and proof of your treatment. Likewise, this is the kind of supporting proof you ought to incorporate with your demand letter. These realities are significant for the agent to accurately assess your case, so ensure you give them all the information they might need to assign a fair value to your case.
Demand for the Settlement Sum
Your demand letter should clearly communicate the general value of your case and what could potentially be recovered at trial. However, it may not be wise to specify a particular financial demand at the outset. The letter typically serves as an opening move in negotiations, and you should avoid setting a settlement range that is too low.
Instead, you might want to allow the insurance company to make the first offer. There are several factors that contribute to the amount of compensation to expect, so make sure to have an accurate number in mind, even if you are not explicit in the initial discussions.
One common exception to this guideline is when your letter demands the policy limits of the insurance contract. If your case justifies such a demand, it can pressure the insurer to avoid a “pop the policy” situation. This occurs when a potential jury verdict exceeds the policy limits, making the insurer liable for the entire excess amount.
Contact Information and Following Stages
Your letter should also provide you and your lawyer’s contact information and your ideal process for the next steps. The next steps could involve a response to your demand or the insurer or opposing counsel reaching out to initiate settlement negotiations.
Ways to Compose a Compelling Personal Injury Demand Letter
The following are some pointers for writing an effective personal injury demand letter to advance your personal injury case.
Create a Strong and Persuasive Narrative
A personal injury plaintiff succeeds at trial with a strong and convincing story. Your demand letter should present that same narrative, demonstrating to the insurance company how you plan to win the case if it goes to trial.
Include Strong Evidence and Supporting Documents
In addition to the medical documentation and treatment evidence, include the most compelling evidence of the insured party’s liability. This could be details of the incident, photographs, videos, or a list of potential witnesses.
Be Clear and Concise in Your Writing
Get to the point quickly and make each point clearly. Your goal is not to showcase literary flair but to show the insurance company that you mean business. Save the fancy prose for other occasions.
Proofread and Edit for Clarity and Accuracy
Being taken seriously as a litigator involves expressing yourself clearly and appearing thorough. Mistakes, misspellings, and errors in your demand letter will undermine these goals. Proofread and edit the letter thoroughly before sending it.
Conclusion
A personal injury demand letter is a crucial step in litigation and should not be taken lightly. Follow these guidelines and tips to put your best foot forward when drafting and sending your letter to initiate settlement talks. If you need assistance with a demand letter, contact an experienced lawyer.