What Is A Demand Letter?

Plaintiffs’ lawyers sometimes draft demand letters as a preliminary tactic to try and resolve personal injury claims. These letters are intended to inform negligent parties and their insurance companies that the plaintiff is pursuing legal action to obtain monetary compensation for damages. The correspondence usually makes specific demands and outlines the case. Sometimes, well-crafted demand letters can lead to earlier settlements and even avoid the need for going to court altogether. A highly experienced personal injury attorney can write an effective letter, which will increase your chances of getting the best possible result.  

Elements Of A Successful Demand Letter

Demand letters typically adhere to a standard order of progression, which includes informing the recipient who the plaintiff is, how they were injured, all of the damages sustained, reasons that the recipient should pay for those losses, and the amount of compensation that the plaintiff is seeking. The letter heading should include information about the plaintiff, the defendant, the claim, and the underlying reason for the letter. Then, the letter should present details related to the accident and how the defendant contributed to the plaintiff’s injuries. The following section consists of a careful explanation of the damages. Damages usually include both economic and non-economic losses, such as hospital bills, lost wages from missing work, pain and suffering, loss of consortium, and much more.  

The plaintiff’s lawyer will discuss how his client’s life has been dramatically altered physically, emotionally, and financially since the incident. The next section focuses on liability and references evidence proving that the defendant’s negligence caused the victim’s injuries. Finally, the exact amount of money that the plaintiff is demanding for a settlement is detailed, along with a time limit to respond. A skilled attorney knows exactly how to write a formidable yet respectful demand letter. 

What Happens After A Demand Letter Is Delivered? 

After the defendant or insurance company receives the plaintiff’s demand letter, several different outcomes can occur, including:

1. The Demand is Met: The best-case scenario of any demand letter is that the recipient accepts all aspects of the damages and remits payment.
2. A Counteroffer is Made: Sending back a counteroffer shows that the other party is at least willing to pay something. This does not have to be accepted, and the plaintiff may even decide to reply with another counterproposal. 
3. Refusal of the Demand: The recipient may completely deny all liability and refuse to pay anything. In this situation, the plaintiff will typically move forward with the lawsuit. 

Do You Need A Veteran Personal Injury Attorney To Write Your Demand Letter?

If you were the victim of an accident and need to send a demand letter to the negligent party, you should strongly consider retaining the Dietrich Law Firm P.C. Promptly involving an attorney in the process can considerably benefit your claim. Our seasoned lawyers would be happy to answer any questions and evaluate the strength of your case. We are available 24/7, at 716-839-3939 or by completing the online consultation form.