It's Simple: Send A Letter And Get Paid
by Joan Bradley
When you've been injured by a careless driver and are suffering from discomfort and misery, there is more than one way to be paid for your losses. Once you speak to a personal injury lawyer, one of their first moves is to send the other driver's insurer a demand letter (or letter of demand). Read on to find out what goes into a demand letter that can prompt payment from the other side.
How a Demand Letter Fits Into Your Case
You might want to think of a demand letter as the first legal action taken against the other side. Up until now, you have likely been dealing with the insurer. That seldom results in payment of the full suite of damages you are entitled to be paid. Insurers are not on your side, and they can make it difficult for accident victims to get paid for basic losses like medical expenses and wrecked vehicles. You may be entitled to a lot more, and a demand letter lets the other side know that you now have legal representation and are demanding payment.
What Goes Into a Demand Letter
There are obvious requests or demands in a letter, but there is also the unstated threat that if the other side fails to pay the demand, the case may proceed to a lawsuit and a court case. The other side would much rather settle the case than go to court so they are motivated to consider your demands. Here are the elements of a good demand letter:
- Fault – The issue of who was at fault for the accident is one of the most important elements of a personal injury case. Here, you state that the other driver is at fault and the reason why.
- Evidence – It's not necessary to reveal your entire case to the other side, but your attorney will include some mention of evidence that proves fault. Evidence in a personal injury case includes the accident report, photographs from the scene, eye-witnesses, and more.
- Medical Treatment Needs – Serious accidents deserve serious compensation. A summary of the medical treatments you have had so far can give the other side an idea of the negative effects of the accident on you.
- Damages – The word "damages" goes beyond your wrecked vehicle. It covers all of your loses, from lost wages and medical expenses, to pain and suffering. The dollar amounts of each loss are included.
- Your demand – Finally, the sum of money you will accept to drop the case against the other driver is listed.
The demand letter may not necessarily result in an instant payment but it will get the negotiations started. To learn more, speak to your car accident attorney.
Share
About Me
You walk into your favorite grocery store and right away, you slip and fall only to sprain your ankle. You can't perform your job because it requires standing on your feet all day, which means that you can't make any money to support your family while your ankle heals. There was no warning that the floors were wet after being cleaned in the store – so what do you do? It's probably a good idea to think about filing a personal injury lawsuit. Of course, anyone with experience with a personal injury case will tell you just how important it is to work with an attorney throughout the process. I'd like to share insight I've learned through three personal injury cases that I myself have had to go through in the past. I think the information on this website can help people like you, who need some personal injury guidance.