Accidents are unpredictable. They can result in serious injuries or, in some tragic cases, the loss of life.
When one side is believed to be at fault, the injured party can file a personal injury claim to receive compensation for damages incurred.
However, most injured parties avoid litigation to resolve the issues raised by the accident. That’s why, in most instances, a personal injury demand letter is the most effective way of communicating between the parties involved.
To begin the communication on the right foot, you should know how to write a demand letter for personal injury and file it correctly to present the case to the responsible party and their insurance and receive the desired settlement.
What Is a Personal Injury Demand Letter?
A personal injury demand letter is a formal communication written by the claimant (the injured person) to the liable party. The liable party can be an insurance company or another financially responsible party to request compensation for the damages resulting from the injury.
The letter outlines the case details, including the received injuries, liability, and financial and non-financial losses.
A well-crafted personal injury demand letter is the key to setting the tone for a successful case settlement.
Why You Should Write a Personal Injury Demand Letter
Writing a demand letter for personal injury is essential to filing for compensation for the damages sustained in an incident.
The demand letter is essential for settlement discussions and an opportunity for both parties to settle the case according to the personal injury laws without entering a legal process.
What’s more, a professionally-crafted demand letter demonstrates that you are organized and prepared for the claim.
Preparing to Write Your Demand Letter
When preparing to write your demand letter, you should foresee every detail of the case, including the medical bills and other evidence to prove the damages received due to the incident.
In a nutshell, you will go a long way if you have prepared what to present and how to present.
Gather All Relevant Information
Start by gathering all the relevant information, including incident reports and all the bills paid. You should include any document related to the case and prove the damages you received.
A clear picture of the case makes the injury settlement process smoother and increases success chances.
Organise the Case Details
Organized case details can help craft a stronger demand letter. The more complete and organized case details, the higher the chances of securing a fair settlement.
The Key Components of a Personal Injury Demand Letter
Many people rely on attorneys to create a strong injury claim letter. However, with a good understanding of key components, you can craft a demand letter for personal injury yourself.
Introduction
The introduction is a key section of a personal injury demand letter.
- Start the injury demand letter by introducing yourself. Add your full name and contact information. If applicable, add your personal attorney’s contact information.
- Add the date of the personal injury letter of demand. Include the recipient’s details such as the insurance company or other financially responsible party.
- Mention the purpose of the letter and the aim of your compensation claim for the personal injuries caused by the incident.
Factual Background
Factual background is the most essential component of the personal injury letter of demand. It should provide a brief but all-encompassing description of the incident, describing key facts of the case—who, what, when, and where is the catalyst for starting negotiations. Make it clear why the recipient is responsible for the injuries.
While the recipient may know the details of the incident, the court clerk or the judge should get detailed information on how the injury was caused through the letter. It is also essential to add enough proof to convince the insurance adjuster.
Injuries and Damages
Specifying the details of the injuries and damages sheds light on the personal injury claim process and helps achieve a fair case settlement.
- Give a detailed account of the injuries received, including their scale, fractures, chronic pain, internal injuries, etc. Highlight how the injuries have affected your regular life. For example, mention whether the injuries have affected your work, making it impossible to perform daily tasks.
- Specify the initial care received after the injury, including first aid, hospitalization, surgeries, additional visits to the hospital, etc.
- Outline the financial damages resulting from the incident, including medical expenses, lost wages and earning capacity, additional fees, such as transportation costs for medical treatment, property damage, and more. Also, discuss non-financial damages, like pain and suffering, post-injury stress, etc.
Demand for Compensation
State the total amount of the compensation in the accident settlement letter. The compensation should include financial and non-financial damages and cover all medical expenses, property damage, lost wages, or any future expenses highlighted in the claim evaluation process.
When calculating personal injury claims, acknowledge that the figure you demand at this stage should be higher than what you will receive after the settlement. Some attorneys demand 75% to 100% higher compensation than the client would want as a fair settlement.
Closing Statement
Finally, define a reasonable deadline for the recipient and the insurance company to answer your demand. As a closing statement, affirm your intent to file a lawsuit if a satisfactory settlement is not reached.
Tips for Writing an Effective Demand Letter
Consider following these settlement letter tips to present your personal injury case professionally and persuasively:
Be Clear and Concise
The length and details of the personal injury claim letter often depend on the case size. However, it is best to keep the letter clear and concise, avoiding information that doesn’t relate to the case. Focus on the facts and proofs.
Use Professional Language
Craft the letter in a professional and respectful tone of voice. Avoid slang, jargon, or aggressive language. Professional and diplomatic language helps build credibility and increases the chances of success.
Stay Organized
Break the demand letter into sections to make it easily understandable. Keep a logical order for the content.
Proofread for Errors
As for any other professional document, grammar, and punctuation are essential for personal injury demand letters. Typos and grammatical mistakes can diminish the level of professionalism of your letter.
Proofreading the letter for errors ensures the letter is polished and well-written. Asking a third person to proofread the letter can help ensure it is error-free.
What Happens After Sending the Demand Letter?
After completing the letter, your attorney sends it to the other side or their insurer, summarizing the grounds for the claim and the compensation requested.
The demand letter is the first step in the conversation between the injured and the at-fault party. The process can go back and forth, reaching a fair settlement without the need to file a lawsuit.
Potential Responses
This is the wait stage, which can take a few weeks to receive a response from the at-fault party.
The response might take one of the following forms:
- Compliance with the demand
- Rejection of the demand
- Counterproposal
The counterproposal suggests that the opposing party doesn’t agree to the settlement amount and offers a different figure. Once the insurer accepts the request, the response typically includes a settlement agreement. If you receive a counterproposal document, review it with your attorney before signing it or taking further action.
If the other party rejects the demand, consider filing a lawsuit. It is recommended that you discuss the next steps with your attorney to determine the most beneficial course of action for the situation.
Personal injury attorneys in Portland have a proven track record of successful personal injury case settlements for clients, including recovering millions of dollars for car accidents, dog bite accidents, and more.
Preparing for the Next Steps
Reaching the final settlement of the personal injury demand can vary in duration, ranging from weeks to several months. After the insurance company accepts the injury demand, it may take a few days for your attorney to receive the settlement agreement. The agreement is a legal contract between the injured and the at-fault party and ends the case.
However, it is recommended to be prepared for the possible litigation, which can take up to several months. Therefore, discuss the next steps with your attorney to take advantage of every opportunity for the maximum compensation in the shortest amount of time possible.
Sample Personal Injury Demand Letter
[Your Name]
[Your Address]
[City, State, ZIP]
[Phone Number]
[Email Address]
[Date]
[Insurance Company Name]
[Claims Adjuster Name and Title]
[Insurance Company Address]
[City, State, ZIP]
FOR SETTLEMENT PURPOSES ONLY
RE:
Claim Number: [Claim Number]
Insured: [Insured’s Name]
Claimant: [Your Name]
Date of Birth: [Your Date of Birth]
Date of Accident: [Date of Accident]
Dear [Claims Adjuster’s Last Name],
On [Date of Accident], I sustained significant injuries as a result of a car accident caused by your insured, [Insured’s Name]. Your insured [briefly describe the negligent act, e.g., “failed to yield at a stop sign and collided with my vehicle”]. The actions of your insured directly caused the accident and the injuries I have suffered.
At the time of the accident, I was traveling [describe the location, direction, and any relevant details about the conditions, e.g., “northbound on Main Street with a green light at the intersection”]. Your insured was traveling [direction] and [describe their actions leading to the collision].
As a result of the accident, I sustained [briefly describe your injuries, e.g., “severe injuries, including a fractured leg, a dislocated shoulder, and a concussion”]. These injuries required immediate medical attention and have caused significant physical pain, emotional distress, and financial burdens.
I have attached supporting documentation, including medical records, photographs of the damage, and receipts for the expenses incurred. Below is a detailed breakdown of the damages:
- Ambulance Transfer: $[amount]
- Emergency Medical Treatment: $[amount]
- X-rays and Imaging: $[amount]
- Surgery: $[amount]
- Follow-up Care: $[amount]
- Rehabilitation and Therapy: $[amount]
- Pain Medications: $[amount]
- Lost Wages: $[amount]
- Pain and Suffering: $[amount]
Total Damages Claimed: $[Total Amount]
Your insured’s negligence has caused these losses, and I am seeking full compensation for the damages outlined above. Please provide a written response to this letter within 30 days of the date it was sent.
If you require additional information or documentation, do not hesitate to contact me at [Your Contact Information].
Thank you for your attention to this matter.
Sincerely,
[Your Name]
Common Mistakes to Avoid
Personal injury cases can become complex without proper evaluation and the right course of action.
Here are several mistakes to avoid when preparing personal injury demand letter essentials to prevent unnecessary complications:
Not Documenting Evidence
The more evidence, the better the settlement. Call the police right after the accident to get a police report, get witness contact information, and take photos of everything that happened during and after the accident.
Not Hiring an Attorney
Dealing with a personal injury claim is a tough task, especially when you have suffered physically and emotionally. Trying to send the letter yourself can result in a negative settlement, as insurance companies may not have your best interest in mind. So, a professional attorney can help you deal with all possible issues and receive fair compensation.
Contact our skilled personal injury lawyers to assist you in proving any legal fraud or liability, and taking care of the personal injury case to secure optimal compensation within a timely manner.
Hurrying to Receive Settlement
Understandably, you want to receive the compensation and end the case quickly. However, rushing the demanding personal injury settlement may result in poor decision-making, ultimately impacting the claim evaluation process and the outcome.
Take the time to collect relevant evidence, consult with your attorney, and experience patience during the negotiation process.
