Luckily, most people have never had a reason to write or receive a personal injury demand letter. But because they aren’t familiar with these letters, they usually have no idea what to do when they suffer an injury that is the fault of another party.
These letters are a critical part of getting money from the at-fault party. And the difference between a well-written letter and a badly written letter could have a significant impact on your wallet.
Rather than searching for personal injury demand letter samples online and trying to copy them, you should get the help of an experienced personal injury attorney. Personal injury demand letter examples can only give you a limited idea of what is most important in your letter.
An experienced personal injury attorney, on the other hand, can ensure that your letter covers every important detail. Contact Morgan & Morgan immediately to get a free case evaluation before writing a personal injury demand letter.
Every Personal Injury Is a Negotiation
When you are injured due to the fault of another party, you deserve compensation for that injury. But the amount of compensation you deserve is not inherently obvious.
An insurance company is almost certain to try to pay you as little as possible while you will want as much money as you can get from that injury. This difference of opinion is the basis of negotiation.
That negotiation starts with a personal injury demand letter. In this letter, you set forth the facts of the case from your perspective and present your demands for compensation.
You must include all of the relevant facts and make a case as strong as possible in this letter. If you leave something out, it can be extremely difficult to effectively add that information to your negotiating position in the future.
The job of your attorney is to assist you with your negotiation. They will help you gather relevant evidence and ensure that you don’t leave important information out of your letter.
They also have the experience to accurately estimate both your short-term and long-term losses and expenses. This allows you to request compensation that will provide the relief you need to recover from your injuries.
A lawyer also makes it easier to file a lawsuit. While filing a lawsuit may seem like you have given up on negotiation, it is just another negotiating tool for an experienced attorney. Filing a lawsuit increases the potential losses the insurance company might suffer if it refuses to offer a fair settlement.
More often than not, lawsuits are used as leverage to force a fair settlement and never result in a trial.
Essential Elements to Personal Injury Demand Letter
You want to start your negotiation as strongly as possible. To this end, your personal injury demand letter must include:
- A convincing argument that you have a liability case
- Evidence of all damages incurred
- A realistic estimate of further damages that will be incurred
- A guarantee that all further claims will be released after a settlement
- A reasonable deadline to make a settlement
- Language that makes it clear that the demand will not be repeated if the deadline isn’t met
- Delivery confirmation
- Contact information for all relevant parties and attorneys
Most personal injury demand letter samples have most or all of this information, but it isn’t spelled out. And copying a personal injury demand letter example can result in unexpected problems.
Letting your personal injury attorney edit or write your letter is much easier. That will ensure that nothing important is left out of the letter.
Interactions With a Personal Injury Demand Letter: Policy Limits
There is one more thing you need to consider when writing a personal injury demand letter. Policy limits restrict the amount you can request from your demand letter.
However, you can demand that the insurance company acknowledges that your damages will equal or exceed the policy limit of the insurance policy and pay that limit promptly.
If an insurance company refuses to agree to a personal injury demand letter for the policy limit, it is putting itself at risk. Once the insurance company refuses to pay the policy limit, you are free to file a lawsuit for a value that exceeds that limit.
The downside of writing a personal injury demand letter for the policy limit is that the insurance company can choose to settle for the policy limit and end the claim. If the policy limit is enough for you to recover, this is a good letter to write. If the limit severely underpays you, writing this demand letter could harm your case.
Personal Injury Definition
The term “personal injury” is a legal definition that differentiates it from other types of injuries. A personal injury is inflicted on a person’s body. Other types of injuries include:
- The mind or psyche
The personal injury definition does not include any indication of fault. You can receive a personal injury due to the negligence of another person, due to your actions, or even just due to random chance.
An experienced personal injury attorney has extensive knowledge of all types of injuries and can help you get fair compensation for your injury. Your attorney will also be familiar with doctors in the area that can best help you recover from the injury.
You should always speak with a personal injury attorney before making any major decisions after suffering a personal injury.