Writing Demand Letters To Settle Personal Injury Claims

If you’ve been injured in a car accident caused by another person’s carelessness, you may have to hire a personal injury lawyer to draft a demand letter to that person’s insurance company before you receive compensation for your injuries.

A settlement demand letter gives you the opportunity to:

• Explain your personal injury case
• Describe your injuries, medical bills, and other damages
• Request a dollar amount to settle the claim without further litigation

A demand letter is more than a brief note or email. An effective demand letter has several components. Below are the basic elements that will likely be in any demand letter you and your attorney create. 

Hire a Lawyer for Your Demand Letter

Before you begin writing your demand letter, get legal advice. When you’ve suffered personal injuries due to another person’s negligence, an experienced personal injury attorney can help you seek the compensation you deserve.

It may be tempting to find a sample demand letter online and replace it with your own case details. But there are risks to sending a demand letter without a lawyer’s advice. Using a template letter may not account for all the economic losses, future medical expenses, and other losses from an injury. This oversight can cause a misunderstanding about your case’s value. The risks also include making mistakes that undermine the validity of your claim.

An attorney will guide you through the settlement and negotiation process. They also have the experience to draft a persuasive demand letter, negotiate with the insurance company, and represent you in court. They can accurately estimate the value of your claim and will prevent you from settling for less than you deserve.

Outline Your Side of the Story

Write a brief account of the auto accident and refer to any notes you have, police reports, relevant laws, or any other records. Keep it simple and stick to the facts.

Avoid the temptation to use inflammatory language or inject your emotions into the description. For example, do not discuss how you really feel about the other driver’s abilities.

Explain Why the Other Party Was At Fault

Explain why the accident was the other party’s fault. Again, keep your explanation respectful, factual, and short. However, don’t hold back here.

If the other party rammed into you while you came to a full stop at a stop sign, make it clear that you were abiding by traffic laws, and the other party obviously couldn’t have been when they ran into you. For example (if applicable), you’ll want to address and explain how the other driver failed to follow laws regarding distances between cars.

You can also include any witness statements in your demand letter. For example, if you were in a truck accident and a witness gave comments to a police officer at the scene of the accident describing why the other driver was at fault, you can include the witness’s name, phone number, and other contact information in the demand letter.

Don’t Admit Your Own Fault

Do not admit to any wrongdoing in your personal injury demand letter. It’s the insurance company’s job to discover that information on its own and raise that point in its counteroffer.

This letter advocates for your position in your insurance claim. So, set forth the facts as truthfully but favorably as you can. If the insurance company wants to engage in settlement negotiations and brings up the issue of your own fault, you can respond to any potential questions at that time.

Identify Involvement of Multiple Parties

If more than one party was involved in the accident, you should clearly identify each person or entity. After that, explain each person’s role in causing the accident.

Describe Your Injuries

Describe your injuries in great detail. Especially concentrate on any long-lasting or permanent injuries, as those deserve more compensation than short-term injuries. Don’t lie and don’t exaggerate. However, if you have chronic pain, you should not be shy about making that clear. If possible, be as specific as you can about the particular injury and use appropriate medical terms as well.

Include Your Medical Expenses

Include a complete list of your medical expenses, which means a detailed accounting of where you have received medical treatment. This can include the emergency room, who treated you, and any out-of-pocket expenses for that medical care. The other party’s insurance company may request that you get an independent medical examination.

Express Your Lost Income

An injury may have caused you to miss time at work or suffer lower work performance. Detail any such lost time, lost wages, and other employment consequences. Get a letter from your employer confirming the lost time and your pay level.

Add Any Other Losses or Expenses

Include in your personal injury claim any other losses or expenses that have resulted from the accident. This can include non-economic damages such as emotional distress, pain and suffering, inconvenience, and anxiety. You can also include property damage in your demand letter.

Set Forth Your Settlement Demand

Calculate the amount of money that would compensate you, given what you have claimed. It’s often wise to then increase it considerably to give you room to negotiate with the insurance adjuster. Increase it up to twice as much as your calculation. An attorney with negotiation experience can help you navigate the process and set reasonable demands, including those related to the type of settlement.

Attach Supporting Documents

For settlement purposes, every demand letter you or your attorney writes should always include any supporting documentation verifying your claims. Examples of these are medical records, bills, and police reports.

Get an Attorney’s Help With Writing a Demand Letter and More

Writing a demand letter can be tricky. Before sending it out, be sure you understand the basics of injury and accident law. It’s a good idea to contact an experienced personal injury attorney to discuss your injuries and possible legal action beyond the demand letter.

Remember, there is a statute of limitations on personal injury lawsuits. This means you have a limited time to seek a personal injury settlement. Seek legal advice as soon as possible to have the best chance at recovering what you’re entitled to under personal injury law.