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Writing an Effective Demand Letter for Your Injury Claim

by danapplegate on June 21, 2012

This post was written by Dan Applegate, for Fisher & Talwar. Dan has written on multitude of legal subjects on popular injury attorney websites.

Traffic accidents are inevitable and virtually impossible to predict. Drivers who are involved in an accident have the option of contacting the insurance company of the driver who is at fault. However, there is a certain process that drivers must abide by when contacting an insurance company to receive compensation for an accident, or else risk being low-balled by their software.

Demand letters are specifically written to insurance companies of at-fault drivers to begin the process of negotiation a settlement. Sure, there are plenty websites that will show you how to write a good demand letter, however some cases call for professional representation where a simple guideline just won’t cut it.

Focus on the facts that provide supporting evidence

Proving that the other driver is negligent or liable for an accident is only accomplished by providing supporting evidence.

It’s important for the plaintiff to stick with the facts when providing evidence. For example, every driver has legal responsibilities they must follow while driving. If the other driver has broken any traffic laws that lead to an accident, then they are considered liable, even if they accidentally disobeyed the traffic laws. Hey, even if they feel sorry that doesn’t help you cover your medical bills.

Provide evidence of the injuries you’ve received from a traffic accident. Mention that you have medical records and medical bills and can prove the damages. If you have been involved in an accident your lawyer can help make sure you get the necessary acceptable proof of your injuries that you can include in your demand letter for compensation.

What should I include in my letter?

Before writing a demand letter to an insurance company it is important to make sure to include specific elements that are legally needed for proving one’s case. Don’t even think about starting a negotiating process unless you’ve written a well-versed letter!

Discussing liability issues in a demand letter involves explanations about how the accident happened and why the other driver is at fault. You can’t simply claim “that idiot was at fault.”

Provide evidence for any claim  by using statements from witnesses or even a police report. Medical expenses and statements by medical doctors who treat the accident victim are needed to prove a person’s injuries. These statements also prove the amount of financial loss experienced by the party sending the demand letter.

If in doubt, hire an attorney to avoid a ‘headache’ later on – pun intended.

Don’t get low-balled by the insurance company into accepting low offers. You don’t want to be greedy, but you also can’t underestimate your own costs. Simply having an attorney work on your behalf sets a serious tone with the insurance companies.

Lost income, medical expenses, personal pain and suffering as well liabilities, are all issues that need to be addressed in a demand letter. An injury attorney will a write demand letter properly and help you win your claim.

Many people are afraid to speak to lawyers for whatever reason. We’re all human and most of us care about you and the situation you’re in.

Be honest, if you were injured in an auto accident would you really hire an attorney?

Fill out the online enquiry form at the top right of this page if you want to speak to a lawyer.

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