In a personal injury claim, your lawyer will help you negotiate an appropriate settlement for damages from the at-fault party. One of the main ways they do this is by sending a demand letter. Yet, what is a demand letter in a personal injury case? Below, an Independence missouri personal injury lawyer from Langdon & Emison explains what you need to know.
What is a demand letter, and how does it help my case?
A demand letter describes all the details of your personal injury, who you believe is at fault, and the value of your claim. Its purpose is to clearly establish your intent to pursue legal action against the other party for a settlement or jury verdict. The demand letter outlines your starting position for negotiating compensation by coming to an out-of-court agreement with an insurance company or the other side in a personal injury trial.
What should my demand letter include?
What you say (and don’t say) in your demand letter can dramatically affect the outcome of your settlement. It’s important to include the following:
- What happened: Include the date, time, location, and other information about the incident, as well as a detailed account of what occurred.
- Who is at fault: Using evidence such as police reports, witness statements, photos, and other material, your personal injury lawyer can determine who is to blame. Your demand letter will explain the recipient’s liability for your losses based on that evidence.
- What your damages are: You should include a full account of your economic damages, like your medical costs, lost income, and property damage. You can also include a value for your non-economic damages, such as your pain and suffering.
- When they should respond: This is the date for responding to your demands, which may vary depending on the circumstances of your case.
- What you will do: This part states your willingness to negotiate out of court but your determination to go to trial if your demands aren’t met.
- How the law applies: You should include applicable statutes, such as the Missouri Code of State Regulations Title 20, Division 100, addressing insurer conduct that could affect the other party’s response to your demand letter.
When should I send a demand letter in a personal injury case?
You should send your demand letter only after you and your personal injury lawyer have fully investigated your case. You should also wait until you have been fully diagnosed and have a projected cost for your future treatment. If you try to negotiate with an insurance company before you know the final amount for your medical care or lost wages, you could unintentionally end up with much too little to pay all your bills.
What can I expect after I send my demand letter?
After the other side receives your letter, they should contact your attorney to discuss the next steps. Usually, this is when settlement negotiations begin, and your lawyer will restate your position, the other party’s liability, and your compensation demands. The insurance company will investigate the incident and determine what their liability is.
They may make an initial counteroffer to your demands that is much lower than you asked. This is standard, but your attorney will push back using powerful negotiation skills. By letting your lawyer manage these conversations, you avoid saying anything that could jeopardize your claim.
Who can I talk to about demand letters and other aspects of my personal injury case?
At Langdon & Emison, we believe in educating our clients so they understand the personal injury claim process. When you know what’s happening in your case, you can make better decisions about your future. If you or a loved one has been hurt by someone else’s negligence, contact us to arrange a free consultation with an Independence personal injury lawyer by calling (866) 931-2115 or using our contact form today.