The Personal Injury Demand Letter
You have been the innocent victim in some kind of accident. Someone else was responsible for the accident. As a result of the accident, you were injured. You also had other damages because of the accident. How do you go about getting the compensation that you deserve from the party that was responsible for the accident? How do you hold them accountable?
Start with a personal injury claim:
One thing that you can do is to bring a personal injury claim against the party that was at fault for the accident. More than likely, you will be dealing with that party's insurance company.
The first thing that you really ought to do is to discuss your case with a personal injury attorney. A personal injury attorney will guide you through the process of making a personal injury claim.
Whether you decide to use a personal injury attorney or you decide to make the personal injury claim, yourself, the first thing that is usually done is to send what is known as a personal injury demand letter.
What is a Personal Injury Demand Letter?
A demand letter is a letter that states a legal claim. A demand letter makes a demand for restitution or the performance of some obligation. The letter is sent because of the recipients' alleged legal wrong or breach of contract.
A personal injury demand letter is a claim letter that is sent to the insurance company of the party that was responsible for your accident. A personal injury demand letter lets the insurance adjuster know that you are ready to settle your personal injury claim against their policy holder.
A personal injury demand letter is of great importance. In fact, it is the centerpiece of the insurance claim negotiation process. The reason for this is because a personal injury demand letter is what begins the negotiating process for the settlement of your claim. It discusses your damages and injuries and lets the insurance adjuster know that you are going to pursue a personal injury claim.
What does the demand letter include?
- What injuries you suffered
- What current injuries have effected your life, as well as any new injuries which became problematic
- Why the other person or entity is legally responsible
- How much the medical treatment cost and how long it took
- How much income you lost
Some of this is pretty obvious. For one, your injuries can be proved by your doctor. Your pain and suffering can also be proved by your doctor, along with your own personal testimony.
Increase the amount you are offered
A strong, well-written personal injury demand letter may increase the amount significantly that you are offered by the insurance company. It may likely be the most important part of your settlement process with the insurance company.
Because of this, how the letter is written, the manner in which it is done (should be a formal letter) and what you say in your personal injury demand letter is of vital importance. If you are not sure about how to do this or you are afraid that you will not do it right, probably the best thing that you can do is to have a personal injury attorney write the personal injury demand letter on your behalf.
If an insurance company gets a personal injury demand letter from an attorney and knows that you have a personal injury attorney standing with you, the amount that the insurance company offers you will most likely be much higher than what they would offer if you write the letter yourself.
You may say, "I can't afford an attorney". The good news is that most personal injury attorneys work on a contingency basis, which means that you do not owe them anything unless they win your case.