Injury Demand Letter – Learn how to write an effective one
If you are dealing with an injury settlement, getting the injury demand letter right is crucial. Most attorneys are experts in writing this type of correspondence, and it is always wise to speak with one of them about having them represent you and write this letter on your behalf. However, if you would like to try to write your own injury demand letter, this post can help you.
The demand letter should always be computer typed (you already know this). However, having your demand letter hand written will only make you look unprofessional and your award will probably reflect that.
The injury demand letter should have a heading that says “letter of demand” or “demand for settlement.” You should not hide the fact that you are trying to settle. Come out and say so right at the top. Most attorneys write this bolded and underlined.
Your letter should be dated, and it is essential that you have the claim number, policy number, indentify you as the insured or the claimant, and the date of the loss or the accident. You should also have the person you are addressing the letter, usually the claim adjuster that has been dealing with you.
You should always send an injury demand letter certified return receipt. This will take away the argument that the insurance company did not receive the letter. Some companies will try to argue that they never got your letter.
The letter should address the facts of the accident briefly if they are not disputed. If the facts are indeed disputed, then you should explain why you believe you are not at fault or why you are owed for injury compensation and damages. Remember, an injury demand letter is that, injury claims you are making. The property damage usually gets settle before you get to this point.
There are several reasons why you should address the fault issue. If there is split liability, then you need to explain how this will affect your settlement. For example, if you are claiming that you are owed $10,000 but you were 20% at fault. In a pure comparative negligence state, you would be entitled to $8,000. You would have to show that you had $10,000 worth of injuries and pain and suffering; however, you would settle for $8,000 accounting for your 20% contributory fault.
You would also want to address the fault issue if the person that hit you was severely negligent. If the facts of the accident were so bad that the same facts would only help you in front of a jury, then you should bring this to the attention of the insurance company here. Usually the DUI’s and hit and runs situation are mentioned here.
The letter must also address your injury. Usually a brief recap of how you were injured and what kind of treatment you seek will help. You should also add how much your medical bills were (if that helps your case).
The next step in the injury demand letter should be your explanation of why you believe you are owed any damages. If you are asking for pain and suffering, then you need to explain what kind of pain you had and if you still having issues. This also applies to other type of damages and like loss of consortium, future medical bills, loss of earning capacity, etc.
Your letter clearly state how much you would be willing to settle for, and when you will be expecting a response. You should also ask for a response in writing.
For more information and examples of injury demand letters click here
