The Purpose of a
Demand Letter
The main purpose of writing a demand letter in a personal injury lawsuit is :
- To notify the other party that you are seeking damages concerning an injury
- To start the process of negotiation for a possible settlement
Advantages of Well-Crafted Demand Letter
A well-crafted and professionally written demand letter can bag you the following advantages:
- Quick Negotiation
- Quick Settlement Process
- Benefit your case
- Whereas a loosely drafted demand letter to an insurance company may be harmful towards the case.
Basics of a Demand Letter
Time Limit
In many states, the set statutory limit to file for personal injury lawsuit is two years. So one has to send the demand letter within a sufficient time limit so that if the negotiation fails, there is enough time to file the suit.
Objective
A personal Injury demand letter is a way of intimating the other party what you are willing to accept to settle your claim. The letter should clearly state the accident that you were involved in. The letter should be factual and truthful.
Spell Checks & Grammars
While drafting a demand letter the spell checks, grammar and details are as important as the layout of the demand letter. The aesthetic of the draft is important and therefore the document should look professional and error-free.
Using Approximations
While discussing an event certain generality like slight measurements differentiation can be used to provide approximation as your mind can play tricks at the time of stress.
Our Do’s and Don’ts
- We don’t write War and Peace just to expand the letter.
- We do highlight unique facts about the case in question.
- We mention the settlement demand as per your guidelines.
- We do include all your damages.
- We do mention about the policy limits as applicable.
- We don’t go Over-the-Top.
- We do make clear of our limitations towards the case.
- We specify a time limit to respond unless you mean it.
Our Do’s and Don’ts
- An explanation between involved parties and their identities.
- Patient’s name, address, and a letter’s date.
- Insurer’s name, address, and a statement directing the personal injury demand letter to the attention of the claim adjuster by name and title if one has been assigned to your claim. (if sent to an insurance company).
- Name and address of the defaulting party mentioning their policy number and any claim number if the letter is going to their insurance carrier.
- End the heading by mentioning the date and type of injury, and clearly stating that this letter is being issued only for negotiation reasoning that, if we are forced to sue, it cannot be used to “cap” your compensation.
The Introduction, Accident and Injury Explanation
- Simple Introduction of Preface.
- Brief and clear depiction of the accident and injury should be mentioned at the beginning of the letter.
- Short description of the damages.
- This sets the foundation for the details that are to be followed.
Compensation
- listing the specific and documented damages first
- the demands may include repairs to the property, medical care for the patient, and lost wages based on recovery time
- the demand shall also include general damages, such as pain and suffering and/or emotional distress.
- In the end, we should restate our justification for the amounts that we are claiming for.
Basis for Damage
- Lay down the claims in detail.
- Provide background context mentioning vividly about the accident.
- Details of the injuries and/or property damages suffered.
- The action taken to repair damages and return the same to the previous state (if any).
- State the reason why defendant is directly responsible for causing those injuries to Plaintiff.
- The information should be descriptive but factual.
- Attach those documents to demand letter that are evidence to stated facts/ injury.
Finalize It.
- the case filtered out to a single sentence and a timeline
- advice to the plaintiff that documentation is attached and signature for the settlement demand letter should be in black or blue ink, and two copies should be made for the same.
- mail one copy to the insurance company (or defendant if no insurance company is involved) via the United States Postal Service’s certified mail, ‘Return Receipt Requested’ service.
- ensure that the tracking is done as it provides not only proof of mailing, but also proof of delivery.
- once the delivery receipt is received, attach it to one copy and keep it for the records.
- the third copy will be “working copy” to use as evidence and reference while speaking to an adjuster, negotiating a settlement, or to take notes as needed.
Fee Models
Full Time Equivalent (FTE) Model
– The FTEs (dedicated resources) work under the employment of Lex Process, but perform duties defined by you.
Per Hour Model
– In case you do not want to commit to a fixed monthly payment or have a lesser workflow, this plan is for you.
– There is no minimum period commitment – you may cancel anytime without any cancellation charges plus we also give 100% Money Back Guarantee after the first month – No Questions Asked.
- Dedicated qualified medico legal resource for you for 160 hours per month
- Speedy and efficient delivery
- No extra or hidden cost for anything else
- We act like your shadow & give you exact work like you do yourself
- You get your extended medico legal team
