What is a Demand Letter in a Personal Injury Claim?
A demand letter is one of the first tools in a personal injury claim. It lets the other party’s insurance company know that you intend to sue them for damages, allowing them a chance to meet your demands for compensation first and to settle out of court.
If the demand letter is poorly drafted, it could hurt your claim. For instance, a claim with unreasonable demands or a fault of admission to an insurance company could be rejected. Although you can draft a letter of demand by yourself, it is advisable to have a personal injury lawyer prepare the letter on your behalf.
The demand letter should include the details of your injuries, evidence that your injuries were caused by the other person’s negligence, and the amount of compensation you are requesting. A well-written demand letter can help strengthen your claim against the other party and their insurance company to help you gain compensation due under Missouri law.
A demand letter serves as a significant part of any subsequent litigation because it explains the facts leading up to the dispute and your attempts to resolve it. If you want your personal injury demand letter to be effective, it must include the following components:
All parties involved
A personal injury demand letter starts with the people involved and their insurance provider(s). If a claim has already been filed, the demand letter should include the claim number and the insurance adjuster’s name, address, and title. Including all contact information for each party involved allows for a faster response.
The accident details
The demand letter should describe what occurred and how you were injured in the accident. This section of the demand letter can include witness testimonies, police reports, and medical records. You can also use the accident description to present your account of the incident.
Providing the insurance company with as much information about the accident as possible, coupled with substantial evidence, may improve your chances of being taken seriously.
Your damages and losses
In this section, you will need to include the financial costs you have incurred from your injuries and the effects of the accident on your health (both physical and mental). You can include medical expenses, loss of wages, and property damage as evidence for damages and losses.
The damages can include any emergency medical procedures and ongoing treatment you require after the accident. You can describe how your injury caused mental and emotional distress and trauma. If you have a permanent disability after the accident, include detailed information if it affects your ability to return to work.
The demand for compensation
This section should support your case for compensation and indicate how much compensation you are seeking. You should include a list of all the medical providers who treated you and the total amount they charged.
If you missed work while recovering from your injury, the letter should state how much time you missed. Include a copy of an employer’s work verification letter that verifies your salary and time off.
A professional St. Louis personal injury lawyer can create a fully personalized demand letter to secure the best possible result for you and your family. Your lawyer can provide an estimate of your pain and suffering and other non-economic losses to maximize the compensation you receive.
It is best to consult with an attorney before making a demand letter to ensure your claim follows Missouri law. By having an attorney draft the document, you can ensure that your demand letter is well written and that the other party will take your demand seriously.
Your lawyer can review your claim to identify all liable parties. They can estimate the value of your claim, and ensure you have clear and convincing evidence to support it. An attorney can also advise you on your legal options if the demand letter does not result in the insurance company offering you compensation.
An experienced personal injury attorney at Cofman Townsley can help you pursue your claim for compensation with a demand letter. If necessary, our legal team can represent you in court to gain the compensation you deserve. We handle a variety of cases, including auto, motorcycle, and truck accidents, boating accidents, dog bite injuries, and slip and fall injuries.
Call Cofman Townsley for a free consultation regarding your personal injury claim.