Click here to view a sample personal injury demand letter.
A personal injury demand letter is a letter that formally requests compensation for damages suffered as a result of a personal injury.
Typically, either the injured person or their attorney drafts a demand letter and sends it to either the person who caused their injuries or their insurance company.
A personal injury demand letter is often the first step in the negotiation process for a personal injury settlement.
What Should Your Letter Contain?
A good personal injury demand letter outlines the facts of the case and tells the other party the specific damages you are seeking. Damages you may be entitled to include medical expenses, lost wages, and pain and suffering. Be sure to provide detailed information about the accident, including the date, location, and any witnesses or evidence that may support your claim. Being highly specific can help convince an insurance company to engage in settlement talks sooner rather than later.
Your letter should also include solid documentation of your claims, such as copies of medical bills or police reports. You will want to provide support for any damages being requested. Make sure to provide only copies and not the original documents. If your case does not settle, you and your attorney may need to submit original documents to a court of law.
Personal injury demand letters must include a clear demand for compensation—this is why they are called “demand” letters. Making your demand can mean asking for a specific dollar amount or listing a range of amounts that you are willing to accept to settle the case. It is important to note that the demand should be reasonable, and it should take into consideration the specific facts of your case and the applicable laws. In Texas, this means that you will need to make your demand within two years of the accident, with a few limited exceptions.
How Should I Communicate My Demand?
If you choose to write your own letter, demand letters should be written in a clear and professional manner. Even if you are very angry about the injuries the other party caused, you should avoid using any inflammatory or emotional language. The most effective way to communicate your demands is to stick to the facts of the case. The tone should be firm, but not aggressive or hostile.
After your personal injury demand letter is sent, the insurance company or other party will typically respond with a counteroffer or a denial of liability. A negotiation process may involve several rounds of correspondence before the parties reach a settlement. In some cases, the matter may proceed to litigation if you cannot reach a settlement.
What Is the Time Frame for Sending a Personal Injury Demand Letter?
In Texas, there is a two-year statute of limitations on personal injury claims. That means you have two years from the date of your injury to file a personal injury lawsuit. You will want to send your demand letter as soon as reasonably possible so that, if you cannot reach a settlement, you still have the option to file a lawsuit. That’s why it is essential to consult with an attorney immediately after an accident to ensure that your rights are protected and that you do not lose out on the compensation you deserve.
What Is the Process For Sending a Personal Injury Demand Letter?
Keep in mind that a personal injury demand letter is just one part of the overall process of seeking compensation for a personal injury. A demand letter opens the negotiation process, and it might lead to mediation or even a trial if a settlement cannot be reached. An experienced personal injury attorney from the Grossman Law Offices team can help guide you through this process.
Sample Personal Injury Demand Letter
[Address – City, State, ZIP code]
[Insurance Company Name]
[Claims Adjuster Name]
[Address - City, State, ZIP code]
Dear [Claims Adjuster Name],
I am writing to make a demand for compensation for the personal injuries and damages I sustained as a result of the [accident type] that occurred on [date of accident] at [location of accident]. I have enclosed copies of my medical bills and other expenses related to my injuries for your review.
As you are aware, the accident was caused by the negligence of [defendant's name], who [briefly describe the defendant's actions that led to the accident]. Due to the defendant's negligent actions, I sustained [list specific injuries, such as broken bones, cuts, bruises, etc.]. I have received medical treatment for these injuries, including [list specific treatments, such as surgery, physical therapy, etc.], and I am still recovering.
I am seeking the following compensation for my injuries and damages:
- Medical expenses: [list dollar amount or range of expenses related to your medical treatment, such as doctor appointments, hospital stays, surgery, physical therapy, etc.]
- Lost wages: [list dollar amount or range of lost wages due to the time you were unable to work as a result of your injuries]
- Pain and suffering: [list dollar amount or range for the emotional distress and physical pain you have experienced as a result of the accident]
In total, I am seeking a settlement of [total dollar amount or range] for my injuries and damages. I understand that this is a significant amount, but it is fair and reasonable, given the extent of my injuries and the impact they have had on my life.
I am willing to negotiate a settlement with your company, but I ask that you respond to this demand within [time frame, such as 30 days]. If I do not receive a response or if we are unable to reach a settlement, I will have no choice but to file a lawsuit to seek the compensation I am entitled to.
Thank you for your time and attention to this matter.
Enclosures: [list any enclosures, such as medical bills, police reports, witness statements, etc.]
Contact Grossman Law Offices Today
If you or a loved one were injured in any kind of accident and you are ready to seek compensation, Grossman Law Offices is here to help. We can gather evidence, investigate your accident, and draft a personal injury demand letter for you. We will fight zealously for you at the negotiating table and, if needed, in the courtroom. You only pay us if we win compensation for you. Contact us today for a free consultation.