How to Write a Personal Injury Demand Letter That Gets Results

Posted on May 14, 2020 in Personal Injury Lawyers

personal injury demand letter

If you’re making a personal injury-related insurance claim, at some point you’re probably going to want to write out your side of the case in a formal demand letter to the insurance adjuster. Crafting a convincing demand letter is important if you want to get a satisfactory result for your personal injury claim. So, how can you write a personal injury demand letter to get the very best results for your case? 

Before, you begin, we want to advise you that it’s imperative to consult a professional attorney before writing a claim. Our attorneys have valuable experience with writing and settling claims, so that you don’t risk tarnishing the value of your claim. 

Emphasize Important Details

Before you start hastily writing up a personal injury demand letter, you need to take some time to review your notes from the days and weeks following the accident. Think about the emotions, pain, discomfort, inconvenience, disruption of life, and medical treatment you endured. Then concentrate on the following elements to draft your letter.

Driver Negligence

In many car accidents, there is some question about whether or not you hold fault for the accident––in any capacity. Meet this issue head-on in your demand letter by denying that you share any amount of fault. 

Although you need to consider your own carelessness in deciding what a fair settlement is, it is not your job to make comparative negligence arguments for the insurance company. If you think you were partly at fault, do not mention this in your demand letter. Debate on this question during settlement negotiations.

Liability

Start by giving a detailed description of all of the events leading up to the car accident, as well as why the insured driver was at fault. Briefly describe what you were doing before the accident and how it occurred. Use a police report to serve as evidence as well as eyewitness statements.

Injuries and Medical Treatment

When describing your injuries, don’t be shy. Emphasize your pain, the length and difficulty of your recovery, and the negative effects your injuries have had on your daily life, as well as any inconveniences that have resulted from your injuries. There’s no need to be dramatic, but do stand up for yourself and use proper medical terms to describe certain ailments or medical conditions that have arisen due to the accident.

Medical Expenses

Include an itemized bill from each medical provider who treated you after your accident, and the total amount charged.

Lost Income Due to Loss of Work

If your injury has kept you out of work, absolutely emphasize the amount of income loss you’ve experienced. Make a brief statement of the amount of time you missed from work because of your injuries, and refer to your missed pay. 

Your Settlement Demand Figure

In the last paragraph of your demand letter, demand a specific amount of money as total compensation for your pain, suffering, and loss of income. A general rule is to set out a figure that is 75-100% higher than what you would be satisfied with––this allows room for you to negotiate compensation with the insurance adjuster.

Attach Copies of Supporting Documents

Along with your demand letter, make sure to gather any supporting documents such as records, letters, bills, or other writings and send copies of them to the insurance company.

If you were injured in an accident of any kind, you need a legal representative to handle your case for you. Handling a case on your own can actually do more harm than good, and can tarnish your case’s reputation. Our team handles cases and accidents of all kinds, and will work closely to get you the compensation you deserve. 

Contact Wettermark Keith for more information.