What Goes Into A Compelling Demand Letter?

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If you have been hurt by a careless driver, your goal is to be paid for your damages. To accomplish that goal, you need to let the at-fault driver and their insurance company know about it. A demand letter (or letter of demand) fulfills that goal. To find out more about this important legal move – including what goes into the letter, read on.

Get the Ball Rolling

A demand letter serves more than one purpose. If it's complete and convincing, it might allow you to settle your case without having to take the other side to court. Avoiding court helps keep your legal costs low and gets you paid that much faster. This letter also lets the other side know that you are not going to just settle for the paltry sum the insurance company might offer you. The other side will recognize the letter as the first legal move that might end in a lawsuit and they tend to take these letters seriously.

Decide on a Dollar Amount of Compensation

After your personal injury lawyer reviews your case and agrees to represent you, you both will agree on a certain sum that encompasses your damages. Damages suffered from a car accident might include:

• Medical treatment costs
• Pain and suffering
• Lost wages
• Vehicle damage or loss

and more

The amount chosen should be a bit higher than your bottom-line amount to allow your lawyer room to negotiate with the legal representatives for the other driver.

What To Include In the Letter

These letters have several components as demonstrated below:

1. A statement alleging that the other driver caused the accident and that you were in no way at fault for it.
2. A list of the ways you have been damaged, such as medical expenses and more.
3. A list of evidence you have at the ready, so far, that proves both fault and your damages. That might include items like eye-witness statements, the accident report, photographs, medical records, etc.
4. The amount you are demanding to be paid to settle the case right now.

What to Leave Out of the Letter

Since your lawyer will be preparing the demand letter, it's not likely that it will include any of the below but knowing what not to do only furthers your understanding of the process.

1. Be factual and leave out any emotional appeals.
2. If you think you may be partially at fault, keep that information between you and your lawyer. It will probably come out and influence your compensation at some point in the negotiations.
3. Avoid mentioning previous injuries, accidents, or medical conditions in the letter.
4. Avoid using the names of your eye-witnesses.

This letter is an important starting point and could lead directly to a settlement. Speak with a personal injury attorney near you to learn more.

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6 August 2020