Blog

Personal Injury demand letter

How to Write a Personal Injury Demand Letter

A personal injury demand letter serves to memorialize your position in the matter. It sets forth how much YOU think that you are entitled to in a personal injury claim.  The demand letter will be the main focus of the negotiation process.  The injured victim not only needs to propose their strongest arguments to the insurance company, but be certain to include ALL items of damage, past, and future.

At InjuredGo.com Law Firm, these settlement demands can come in various forms. From a simple letter to complex computer-driven presentations including things such as life-care plans and ‘day-in-the-life’ videos. For most claims, a simple letter will suffice.

You should consider including the following in your letter:

  • The reason the other party is legally responsible
  • The injuries the injured person faced and currently faces
  • The information about medical treatment and how much it costs
  • The income loss
  • Any other damages suffered

Sometimes, you will want to ‘bargain’ a bit.  Like most negotiations, the insurer generally won’t offer, if they offer anything, they almost certainly won’t offer what you are asking. Apart from presenting the injured person’s side of the case, the letter also establishes how the injuries occurred, information about those injuries, details of the treatment for those injuries and how those injuries have impacted the claimant. There is also a specific ‘demand,’ or a dollar amount in the letter, that the injured person is willing to accept to successfully resolve the case and no longer hold the other party liable.

InjuredGo.com Law Firm’s Personal Injury Demand Letter to Insurers

At InjuredGo.com Law Firm, LLC, we stand behind our settlement demands and are prepared to back them up with (1) provable facts in your case; (2) case law citing previous awards in similar matters; (3) a trial team that the insurer knows can back up our demand.  This is generally effective in allowing us to recover the maximum amount for your personal injury claim. A personal injury demand letter sometimes also begins the clock for a claim of an insurer’s bad faith.

After an individual sends the demand letter, the insurer has a few options. Amongst them are to pay the demand, deny the claim, counter-offer or ask for more information.  Generally speaking, you want to wait until you know what all of your damages are before you send a demand letter.

You should also recognize that there is a time-limit on when you can file a claim in a court of law. If you don’t settle your case, or file a suit beyond that date, your case will be lost. The insurer cannot even agree to extend it.

If you have any questions, or, are looking for a professional to handle your case, call us at InjuredGo.com Law Firm, LLC.  (225) 933-1500 or www.InjuredGo.com

We handle personal injury cases from car accidents to Big Truck Wrecks, to Offshore and River accidents, Wrongful Death and even Medical Device claims.