A demand letter is essential for the personal injury claim process, especially when making an insurance claim. However, most injury victims are unaware they are to write one or what the letter should contain. This is where a Charlotte personal injury lawyer comes in.
This article looks at what a demand letter is and the content. If you are the victim of another person’s negligence, contact us at Ted A. Greve and Associates. We will answer all your questions about demand letters and help you with your claim. In addition, we are available to help you 24/7, 365 days a year.
A Personal Injury Lawyer in Charlotte Explains the Content of a Demand Letter
A demand letter is a formal document sent by one party to another to resolve a dispute. For example, the sending party may issue one requesting payment or another action to correct a wrong or settle some type of grievance. It is the first step aggrieved parties turn to before taking legal action against the recipient. Thus the victim sends the letter to the at-fault party.
The demand letter informs the fault party’s insurance carrier that you are taking legal action to pursue compensation for your damages in a personal injury claim. This typically means a financial settlement covering medical treatment, lost wages, property damage, vehicle repair, pain and suffering, emotional anguish, etc.
Generally, a demand letter takes the following structure:
This part of the letter provides general information about you and who the letter is directed at. It also contains the reason why you’re writing the letter. Here, you can give details of what led to the accident and the injuries you sustained. For example, suppose the harm you suffered is from medical negligence.
You’ll state what made you go to the hospital, your consultation with the doctor, the negligence itself, and how it affected your life. You should be as concise as possible. In addition, stick to the facts of the case, and avoid the urge to exaggerate.
In this part, you go into more detail about your injuries and damages. Here, you enumerate the financial losses you suffered. This typically covers the money spent on medical bills, salary lost while recuperating, and money spent fixing damaged property. Aside from economic damages, you can also enumerate the non-tangible losses you suffered.
The preceding includes the pain and suffering from the injury, loss of consortium, etc. After listing your damages, the next thing is outlining evidence that supports your claim. For example, you can include a copy of the police report, witness statements, medical report, etc.
In addition, receipts that support how much you spent on medical bills and repairs would come in handy. Finally, note that evidence is important in proving your claim. So gather evidence after the accident and safeguard them until you need them.
This is the concluding part of the demand letter. At this point, you state your demands, which is typically the amount you want as settlement. You can also state a timeline for the insurance company to respond, but ensure it is reasonable. Lastly, the tone throughout the letter should be courteous and professional.
Who Writes the Demand Letter?
While you can write the demand letter yourself, you should consider getting help from a professional. A Charlotte personal injury attorney representing you in the claims process should write the letter. This is because a lawyer knows how to lay out the basic facts of the claim and outline your compensation demand. In addition, it makes the insurance company take you seriously and helps you get your settlement in record time.
What Happens After You Send the Demand Letter?
After sending the demand letter, what follows is a waiting period where you wait for the insurer to reply. If the insurance company accepts your claim, they will pay the settlement sum. However, if the insurer rejects your settlement offer, they’ll make a counter-offer. If this happens, they will negotiate with your lawyer until they arrive at a settlement. The last option is outrightly denying your claim, and your attorney can respond by filing a personal injury lawsuit.
Thinking of Writing a Demand Letter? Contact Charlotte Personal Injury Attorneys
At Ted A. Greve and Associates, we have helped several injury victims write effective demand letters that resulted in a settlement. We will do the same for you. But if the fault party’s insurer fails to settle, our legal team will file a personal injury lawsuit. We have years of trial experience and will get you the financial settlement you deserve. Contact us today for a free case review with one of our Charlotte personal injury lawyers.