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How Does A Final Demand Letter Work In Personal Injury Claims?

When you have suffered a personal injury, it can often be a long and drawn-out court process before you finally reach a mutual agreement with the other party. However, there’s a chance you can settle your case without needing to go through the court process with a demand letter stating your demands to the insurance company. If you do it correctly, this can be a great way to get a fair settlement without needing a trial.

What Exactly Is A Demand Letter?

In personal injury cases, a demand letter is a written request to inform the defendants that you’re filing a claim to get compensation. This letter can also sometimes be enough to close the case and receive your benefits. If the defendant accepts your letter’s demands, the issue is closed without going to court. But in most claims, the insurance company or parties involved will disagree with your settlement offer and demand a trial.

Can You Write Your Own Demand Letter?

You can write your own demand letter for personal injury cases. However, demand letters are formal documents and generally act as the first step before court proceedings. The most successful ones need to include details of your accident and personal information. For this reason, it’s strongly recommended that you consult the help of a personal injury lawyer to help you craft one that doesn’t miss any critical steps.

What Should Your Demand Letter Contain?

You need to write the document in a way that clearly explains your demands and adequately describes the nature of the accident while being professional. Most successful demand letters should have the following:

  • Concrete details of everything that occurred during the accident
  • The accident’s aftermath, including any injuries or damages you sustained
  • Everyone involved in the accident, along with any insurance providers
  • A factual account of any expenses or income loss you’ve had since the accident
  • The total amount you’re requesting from them

Always ensure that the information you include with your letter is factual and backed by evidence. The more detailed your letter, the more it will help with your case. Asking for compensation based on evidence may also convince an insurance company to accept your demands without court action.

What Can You Expect After You Send Your Demand Letter?

After you send your letter, you’ll need to wait until the other party or insurance company responds. Ideally, they agree to your demands without going to trial. This scenario is more likely for small civil cases where the requested amount is low.

However, the defendant will most likely refuse to agree to any demands immediately, especially for larger claims. If you receive a negative response or unfavorable settlement deal from the other party, you will need to settle everything in court.

Our Attorneys Can Help You Win Your Case

A demand letter for your claim is the first step in obtaining fair compensation for your injuries. If it’s successful, you may receive everything you’ve asked for without a lengthy litigation process. But you should also be aware that in most claims, the defendant may try to offer you a lower settlement or outright reject your offer. Regardless of the outcome, a well-written demand letter can be a valuable addition to your case.

Do you need help creating a demand letter for your lawsuit? Our personal injury lawyers will guide you through the process. Call us at 866-506-3694 or fill out our contact form if you have any questions or want to schedule your free trial consultation today.