What You Need to Know About Writing a Personal Injury Demand Letter

A personal injury demand letter notifies a party that someone is seeking damages against them in relation to an injury. A personal injury demand letter begins the process of negotiation for a potential settlement. Here’s how to write a personal injury demand letter.

When writing a demand letter, it is important that the content of the letter is detailed and mistake-free. This is because in some cases, the demand letter is what resolves the case. The hope is to get a good settlement without the need to file for a lawsuit.

Related: Benefits of Settling a Personal Injury Case

How Should One Start a Demand Letter?

The following are the basic components of a personal injury demand letter:

Demand Letter Heading

Include one’s name, address, and date. The heading should explain the relationships between involved parties and their identities. Next, include the name and address of the at-fault party. End the heading by stating the date of the accident and the type of injury.

Introduction

Outline the time of the accident, the location, and the parties involved. Describe the damages.

Basis for Damages

This will be the lengthiest section. Provide background context and describe the details of the accident. It is important to detail every single medical bill and every economic loss first. Outline every injury that the accident caused as well as actions that have been taken to return to one’s previous lifestyle.  Make sure this section is as detailed as possible.

Clear Ask

Make your demand for compensation. List specific and documented damages first, and then general damages such as pain and suffering or emotional distress. The remainder of the letter should lay out the injuries and the damages and how the harms to the plaintiff impacted his or her life.

Deliver the letter

Mail one copy of the letter to the insurance company via USPS certified mail. Keep one copy for your records. Designate another copy as your “working copy” when negotiating a settlement or taking notes.

How Much Should One Ask For in a Demand Letter?

If one does not understand the true value of their case, individuals should hire an attorney or wait for insurance companies to give information on how much they are willing to provide.

It is important to claim all damages, including future damages. This can include future medical bills, future wages losses, and future pain and suffering. This allows all parties involved to have a clear picture of one’s case and makes it more likely to get a settlement that is true to their case.

Related: Types of Damages in a Personal Injury Lawsuit

The Do’s and Don’ts of Writing a Demand Letter

DO: Highlight unique facts about one’s case.

DO: Differentiate your case.

DO: Demand policy limits.

DO: Include all of your damages.

DON’T: Make a specific settlement demand.

DON’T: Go over the top.

DON’T: Set a time limit on a response unless you mean it.

Contact Us

If you have any more questions on how to write a personal injury demand letter, contact us. Get your free consultation with one of our experienced Personal Injury Attorneys in California today!