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Home » Consumer Information » Personal Injury » Injury Insurance Claims

Writing a Demand Letter

A very important piece of the personal injury claim negotiations puzzle is the demand letter. Your goal with this document should be to inform the insurance company of the following issues using your most descriptive and convincing writing:

  • Past and current injuries caused by the accident
  • What makes the defendant(s) liable for your damages
  • Forms of medical treatment and associated expenses
  • Lost wages
  • Any additional damages
  • Why you are eligible to file a claim against another driver under no-fault car insurance (if applicable)

At the end of the letter, you should request a lump sum from the insurance company to put the claim to rest.

Prior to writing your letter, look over the notes that you have compiled since the time of your accident for a refresher on all of the physical and mental pain and suffering your injuries have caused you. Then, touch upon the following topics in as much detail as possible:

  • Liability -- Explain how the events of the accident unfolded and why the other party is responsible. Anything that you have as far as outside sources to support your case should be included in this section. This could include an official police report, eyewitness accounts, etc.
  • Comparative negligence -- Oftentimes, it is highly questionable whether the victim's negligence played a part in the accident although the other party is largely to blame. So, do not be afraid to bluntly state that you have zero liability in terms of this accident. Even if you think you could be partially responsible, never admit any wrongdoing in the letter whatsoever. Even though you must take into account your own negligence when determining a justifiable settlement, leave it up to the claims adjuster to figure out comparative negligence. Once the insurance representative brings this issue to light during negotiations, you can dispute it if you disagree with their evaluation.
  • Injuries and medical care -- Describe your injuries, treatment, and rehabilitation to the fullest extent. Be sure to accentuate the discomfort, recovery process, effects of injuries on your everyday routine, and long-term or lifelong injuries. Make sure you do not exaggerate to the point that you are no longer telling the truth. If your claim sounds the least bit embellished, the insurance company will quickly write you off, and you can forget receiving anything substantial in return. Whenever possible, use professional medical terms as opposed to your own informal choice of words.
  • Medical expenses -- Incorporate a list of all medical services you received following the accident including who provided care and what each appointment cost.
  • Lost wages -- Tell the insurance company how long you've been forced to stay home from work as a result of your injuries. Back this up with a letter from your employer confirming your wages and time spent out of work. If you are an independent contractor or self-employed, show them how you came up with your final amount.
  • Additional losses -- If you suffered any other pain, shame, hassles, or losses due to your injuries that could not be categorized, still bring them up in your letter.
  • Settlement request -- The conclusion of your letter should call for a specified amount of money to reimburse you for all the damages previously mentioned. You should demand a much higher amount than you would actually be satisfied with so that any reduction after negotiations is still acceptable to you.

In addition to your demand letter, include copies of all pertinent documents (e.g., records, letters, bills, etc.) to back up all of your allegations.

If you feel like this is an overwhelming task or that your letter will not fare well in the eyes of the insurance company, a Florida personal injury lawyer is there to assist you.