Personal Injury Demand Letter Example
When you've been injured in an accident, you may have the right to seek monetary compensation for your damages. Depending on the severity of the incident, a demand letter can be an effective way to informally negotiate a settlement with those responsible. A personal injury demand letter is written by someone who has suffered an injury as a result of another party's negligence or wrongdoing and details why and how much money they're demanding in return for dropping their claim. Writing a personal injury demand letter can be complex, so it's important to make sure all necessary components are included — from outlining your injuries and losses incurred due to the incident, all the way through making demands for punitive damages if applicable. In this article will explain why this document is so important, and example of a personal injury demand letter, and guide you step-by-step through creating one.
Sample Demand Template For Personal Injury Claims
Company Name: 7800 Long Point Circle Houston, Texas 77007
Re: Confidential Settlement Communication
Dear Company:
As you are aware, this firm represents Mrs. Courtney Kincaid (“Mrs. Kincaid”) in her claim for personal injury damages against your client, Jack Ferrel (“Mr. Ferrel”), an insured of Interstate Trucking Insurance (“Interstate Insurance”). I am authorized to and hereby demand on behalf of Mr. Kincaid payment of $1,400,000 in full and final settlement of all her claims against Mr. Ferrel for her acts and omissions on September 2, 2022. (“the incident”).
On behalf of this client, our firm will enter into a full, unconditional release of Interstate Insurance in exchange for payment of $1,400,000. Based on the information provided, we would expect that full efforts to secure all coverage applicable in this claim have already been made for Ms. Kincaid.
This is an unconditional offer of settlement. Their unconditional offer of settlement is open until 5:00 p.m. on Friday, January 27, 2023, unless otherwise revoked in writing. Given the length of time for an appropriate investigation of this claim, the period of time for evaluation of the demand is more than adequate. Their offer is reasonable and should be accepted for the following reasons:
Your Liability is Reasonably Clear
Aspen’s liability for the claims against Mr. Ferrel is reasonably clear. On or about September 2, 2022, Mrs. Kincaid was driving a mid-size sport utility vehicle that was stopped at a red light when Mr. Ferrel, who was an 18-wheeler, forcefully rear-ended our clients vehicle, pushing her into the intersections and causing her vehicle to sustain two additional impacts from other motorists.
Past Medical Expenses
PrimeCare Emergency Center | $28,401.86 |
Comprehensive Spine Center | $148,989.93 |
MRI Centers of Texas | $5,678.34 |
Dr. Bennos (Radiology) | $2,010.56 |
Premier Injury Clinic | $15,686.43 |
DFW Prescriptions | $556.87 |
Total: | |
On September 2, 2022, Mrs. Kincaid entered NewCare Emergency Center with severe pain to her chest, neck, and head, associated dizziness, after sustaining a blow to the head during the motor vehicle accident. Upon examination, Mrs. Kincaid was diagnosed with a fractured sternum, a concussion, and an acute cervical strain. Mrs. Kincaid was also prescribed Ibuprofen and Cyclobenzaprine for the severe pain.
On September 9, 2022, Mrs. Kincaid visited Brain & Spine Center with complaints of cervical neck pain, lumbar back pain, and post traumatic headaches with malaise, blurry vision, dizziness, insomnia, confusion, fogginess in thinking, trouble in focusing, light sensitivity, sound sensitivity, and nausea. Moreover, Mrs. Kincaid complained of having pain with her lumbar range of motion, flexion, extension, and turning and increases with activities like prolonged sitting, standing, walking, lifting, bending, pushing, and pulling. Mrs. Kincaid was diagnosed with posttraumatic headache, mild traumatic brain injury, cervical neck pain/strain/sprain, cervical facet and ligamentous injury at C2 to C6, lumbar pain/sprain/strain, and lumbar facet and ligamentous injury at L4-L5 and L5-S1. Mrs. Kincaid was ordered to commence physical therapy immediately and was prescribed Medrol Dosepak, Ibuprofen, and Methocarbamol.
Lost wages
Mrs. Kincaid’s lost wages currently amount to $18,320.00. Mrs. Kincaid’s lost wages to date are as follows:
Luminesk Best | $18,320.00 |
TOTAL: | how |
All told, should this demand be rejected, Mrs. Kincaid faces the certainty of a jury trial, on liability and facts that will result in a significant verdict and judgment.
If you have any questions, or if I can be of any further assistance, please do not hesitate to contact me at (713) 800-6676. Thank you in advance for your courtesy and cooperation.
Sincerely,
XYZ Law Firm
2020 Jackson Avenue
Dallas, Texas 75001
What Is The Purpose Of A Personal Injury Demand Letter?
The purpose of a personal injury demand is to make a formal settlement request for compensation for harm caused in order to resolve the matter through negotiations. The goal is to settle the claim and avoid the filing of a lawsuit of continuance of the litigation process.
How Do You Write a Demand Settlement Letter?
Writing a personal injury demand settlement letter requires careful and thoughtful consideration. Firstly, identify the legal theory on which you are basing your claim, such as negligence or strict liability. Research similar cases to get ideas for financial compensation. Outline the facts of your claim in chronological order and describe the injuries you sustained with specific medical details. Your letter should include a section where you make your demand for economic losses, including both past suffering and any future expenses related to the injury caused by the other party's negligence. Make sure to provide relevant documentation or evidence in support of your case, such as hospital bills, police reports, or photographs. Finally, your demand letter should explain exactly what type of resolution you want, such as monetary damages or a simple apology. When written correctly, a well-crafted personal injury demand letter can help resolve disputes without involving the court system.
Can I Request The Full Policy Limit In The Demand Letter?
Yes, you can request the full policy limit in a demand letter. One important factor you'll want to keep in mind when considering requesting such a high amount is that it is realistic request based on your damages. If an individual has submitted evidence of damages that amounts to less than the maximum available through the insurance policy, and there is no indication that more damage was sustained, then it makes sense to only request a coverage amount relatable to those damages. Determine the demand sum and negotiation potential requires the review of a legal professional experiences at litigations personal injury claims. Feel free to consult with an attorney before sending an demand communication.
How Long Does It For A Case To Actually Settle After A Demand Letter Is Sent?
If both parties work diligently and patiently together, cases may settle in as little as one or two weeks; however, some cases may take several months to resolve. Bottom line, it really is difficult to give an exact timeframe on how long this process can take. However, the take required to settle a claim also depends on the complexity of the issues involved, who is involved in the case, what type of relief is being sought, and the willingness of both parties to compromise.
How Much Should I Request In The Demand?
When deciding on how much you should ask for in a personal injury demand letter, it is important to ensure you are asking for an amount that reflects the full harms and losses the client has suffered as a result of your accident. Before sending out the demand letter, thoroughly consider all medical costs, lost wages, out-of-pocket expenses and pain and suffering associated with your injuries. If you are the injured person, speak to legal professionals who can help assess what investments specific damages may require. An attorney will also be able to provide an estimate of how much compensation is estimated for each type of harm inflicted by the defendant. Some damages may include economic losses such as lost wages or medical expenses as well as non-economic losses like physical pain or loss of enjoyment of life. When placed together, these factors will give you a strong idea of what the corresponding monetary value may be. Ultimately, the goal is to seek justice and recover appropriate cost owed to you in a fair manner.
How Should I Start The Demand Letter?
Start by describing the incident that led to the injury and explaining what damages you are seeking. Be sure to include all relevant details in a clear, concise manner and back up any claims with factual evidence or supporting documentation. When crafting your demand letter keep it professional but also show compassion for the claimant and the other party as emotions often influence outcomes. Allocating sufficient time to create an articulate request will help increase the chances your demands are met.
What Happens If The Defendant Does Not Reply To A Demand Letter?
If you don't get a response after sending your demand letter for your client, you may have to take further action. Depending on your situation, this could mean filing a lawsuit or preparing for mediation and discovery. If you choose to proceed with filing a lawsuit, be sure to research the process and understand what is involved in the lawsuit. Depending on the complexity of the issue, it may be beneficial to consult a lawyer before deciding how to proceed. Mediation is another option where both parties can come together, with or without legal counsel present, to discuss their differences and try to reach an agreement that works for both sides. Whether you choose lawsuit or mediation or even opt out of pursuing any litigation at all, it is important that all potential outcomes are considered when deciding how best to move forward.
Truck Accident Companies And How We Fight Each One
Our legal experts have taken the initiative to hold trucking companies throughout the nation accountable for negligence and irresponsible practices. Our law firm specializes in protecting the rights of individuals suffered due to these careless activities. Some of the more common defendants in trucking accident claims includes:
UPS
FedEx Freight
Fedex Express
J.B. Hunt
Werner
Swift Transportation
Schneider
YRC Inc
US Xpress
XPO Logistics Freight
CRST Expedited Inc
Averitt Express Inc
The best way to aggressively litigate a trucking accident lawsuit is to thoroughly investigate the incident. The investigation requires gathering all available factual evidence, including testimony from witnesses, police reports and photos of the accident scene. Furthermore, if available, access to the black box or endpoint data recorder contained in commercial trucks should be obtained as this can provide invaluable insight into the actual sequence of events of the crash. The investigation should also analyze driver performance, experience and consistency with regulatory guidelines. All information needs to be gathered in order to file a persuasive and convincing claim for compensation due to injury or damages caused by the trucking accident.