How To Write a Settlement Demand Letter – Guest Post

If someone else caused your accident or injury, they might be legally responsible for your damages. These damages include medical bills, lost wages, and pain and suffering. 

Most personal injury cases are settled by negotiating with the at-fault party’s insurance company. Be cautious with their settlement offers, as they often undervalue claims. 

You may need to write a settlement demand letter to propose a counteroffer. How well you write this letter can impact your settlement. It’s wise to consider hiring an experienced personal injury lawyer from Shaked Law Personal Injury Lawyers to help protect your rights.

What is the Value of Your Personal Injury Claim?

You must assertively determine the worth of your damages before drafting your demand letter. It’s crucial to understand that you cannot accurately assess the value of your case until you reach maximum medical improvement (MMI). 

You reach MMI when you either fully recover from your injuries or your doctor informs you that further treatment will unlikely enhance your condition. Until MMI is achieved, the full scope of your damages remains unknown. For example, if you experience a lifelong impairment, you must include future damages in your settlement demand letter. 

Economic damages in a personal injury case encompass:

• Medical bills and related costs;
• Out-of-pocket expenses;
• Lost wages and employment benefits;
• Personal care and household services;
• Loss of earning capacity;
• Rehabilitative therapy and treatment.

Non-economic damages represent your pain and suffering. They cover diminished quality of life, impairments, disfigurement, and scarring, along with compensation for mental anguish and emotional distress. 

Insurance companies frequently undervalue pain and suffering damages. If you incur a permanent impairment or experience catastrophic injuries, it’s imperative to hire an attorney from Rosenbaum & Rosenbaum. That will ensure you do not settle for an amount short of your claim’s value. Stand firm in seeking the compensation you rightfully deserve.

What Elements Should I Incorporate in a Demand Letter Addressed to the Insurance Company?

When creating a demand letter, it’s important to craft it thoughtfully, considering the specific details of your claim. Here’s a constructive guide to help you include essential information: 

• 1. Your Contact Information: Begin with your name, address, phone number, and email to ensure the recipient can easily reach you. 
• 2. At-Fault Party Details: Identify the individual responsible for your injuries and include their insurance policy number, if available. 
• 3. Accident Overview: Provide a clear and detailed account of the accident, explaining how it occurred to give context to your claim. 
• 4. Legal Basis for Your Claim: State the legal grounds for your claim, using terms such as negligence, intentional torts, or strict liability, to establish the basis for your position. 
• 5. Injury Description: Describe your injuries comprehensively, outlining the medical treatments you have undergone or may need in the future. 
• 6. Financial Impact: Present a detailed list of your medical expenses, lost wages, and any other financial losses associated with your injury. 
• 7. Discussion of Pain and Suffering: Address how your injuries have affected your quality of life, including emotional distress and any long-term impairments. 
• 8. Settlement Demand: Clearly articulate the compensation you seek, ensuring it reflects the full extent of your damages. 
• 9. Response Deadline: Set a reasonable timeframe, typically at least 30 days, for the insurance company to respond, demonstrating your readiness to pursue further actions if necessary. 

You can effectively communicate your position and strengthen your case by including these elements in your demand letter. Aim for clarity and professionalism to reflect your commitment to a fair resolution.

Bottom Line

Most personal injury lawyers work on a contingency fee basis. That means you don’t pay them upfront. Instead, they take a percentage of the money you win from your case. You only pay the lawyer if they help you get compensation. Hiring a lawyer has many advantages. 

They can protect you from insurance companies that may try to take advantage of you. While you can write a settlement demand letter by yourself, getting help from a lawyer is better. Consider setting up a free consultation today.