After a personal injury, the path to fair compensation can be complex. One step in this journey is the creation and delivery of a demand letter.
A personal injury demand letter is a document that presents a clear and compelling case for why you are owed compensation. It is a legal document that details the facts of the accident, explains the other party’s liability, and itemizes all of your damages, including your financial losses, pain, and suffering.
This letter is your opportunity to demonstrate the strength of your case and your preparedness to pursue it, making it a powerful part of your personal injury claim. Our Camden personal injury lawyers at Savage, Royall & Sheheen, LLC can help you through this process.
What Is a Demand Letter in a Personal Injury Case?
A demand letter in a personal injury case is a formal document sent to the at-fault party (or more commonly, their insurance company) to initiate settlement negotiations. It is the first major step in the personal injury claims process after you’ve received medical treatment and gathered evidence.
The aim of a demand letter is to resolve the dispute without the need for a lawsuit, saving both you and the insurance company time and money. So, while you can technically write it yourself, a well-crafted demand letter from an attorney is recommended.
Key Elements of a Personal Injury Demand Letter
A personal injury demand letter must be comprehensive and persuasive. While the specific details will vary, a typical letter will include:
A Factual Summary of the Incident
A clear, chronological account of what happened, where it happened, and who was involved. This section establishes the foundation of your claim.
Discussion of Liability
This is where your attorney explains why the other party is legally responsible for your injuries. It will reference relevant laws, regulations, and negligence principles to support your case.
A Detailed Description of Your Injuries
This section provides a detailed description of the nature and severity of your injuries, including the pain and suffering you have endured. It should highlight the physical and emotional toll the accident has taken on you.
Documentation of Medical Treatment
A list of all medical treatments you’ve received, including doctor visits, hospital stays, physical therapy, and prescriptions. This section is often accompanied by all relevant medical records and bills.
A Calculation of Damages
Your demand letter will include a breakdown of your financial losses, known as “damages.” This includes both economic and non-economic losses.
The Settlement Demand
State the specific amount of compensation you are requesting. Make it clear that this is a starting point for negotiations.
Supporting Documentation
Attach relevant evidence to strengthen your position. This may include photographs, expert reports, or testimony from healthcare providers.
Common Mistakes to Avoid
Writing a demand letter after a personal injury can be complex, and a single mistake can undermine your entire case. Common errors include:
- Failing to Be Thorough: Without clear documentation of your injuries and treatment, insurance companies may downplay the seriousness of your case.
- Making an Unrealistic Demand: Requesting an exorbitantly high amount can lead the insurance company to dismiss your claim outright and refuse to negotiate in good faith.
- Using an Unprofessional Tone: A demand letter should be a professional legal document, not an emotional rant. Threats or aggressive language can backfire.
- Disclosing Too Much Information: While the letter should be comprehensive, an inexperienced writer might inadvertently include details that could be used against them later.
- Failing to Prove Liability: Simply stating the other party was at fault isn’t enough. You need evidence, such as accident reports, witness statements, or photos.
- Waiting Too Long to Send the Letter: Delays can hurt your credibility and give the impression that your injuries were not serious.
What Happens After Sending a Demand Letter?
Once the demand letter is sent, the ball is in the insurance company’s court. Their response will typically be one of the following:
- A Settlement Offer: The insurance company may make a counteroffer, which is often lower than your demand. This begins the negotiation process.
- A Request for More Information: They may request additional records or clarification on specific points.
- A Denial of the Claim: In some cases, the insurance company may deny liability and refuse to make an offer.
This back-and-forth negotiation can continue for weeks or months. If a satisfactory settlement cannot be reached, it may be necessary to file a lawsuit to continue pursuing your claim.
How a Personal Injury Lawyer Can Help
A lawyer brings the knowledge and skill needed to craft a persuasive personal injury demand letter. They gather medical records, document lost wages, calculate long-term costs, and ensure that both financial and emotional damages are properly represented. By doing so, your attorney strengthens your negotiating position and increases the likelihood of a fair settlement.
A personal injury lawyer also handles all communication with the insurance company. This prevents you from being pressured into a low settlement or saying something that could harm your case. If negotiations do not result in a fair resolution, your lawyer is ready to escalate the matter to court and advocate on your behalf.
At Savage, Royall & Sheheen, LLP, we advocate for our clients at every stage of the process. From the very first demand letter to courtroom representation if needed, we will fight to secure the best possible outcome for our clients.
Contact Our Personal Injury Lawyer
If you have been injured due to someone else’s negligence, don’t face the insurance company alone. The legal team at Savage, Royall & Sheheen, LLP, has a long history of successfully representing clients in personal injury cases. We understand the intricacies of a personal injury demand letter and how to use it to get results.
Contact us today at 803-432-4391 for a consultation to discuss your case and learn how we can help.