When you're dealing with an injury and a car accident, it can begin to feel as if life will never be normal again. The personal injury process can be long, but it doesn't necessarily have to be that way. There is a little-known shortcut that could have you cashing a settlement check in no time at all. Read on to learn more about the powerful but simple method of sending a demand letter.
One Letter That Packs a Punch
When you want to be compensated as a result of your injury and other expenses, you must let the other side (the at-fault driver's insurance company) know about it. Most people assume that the other side will find out about your demands when you file a lawsuit against them. That method is effective but taking a case to court can take months and is expensive.
Before you take that step, have your personal injury attorney craft a demand letter. This letter provides the other side with a summary of the way the accident happened and why you are not at fault. It details not only how much money you want but why you might prevail in court if the other side fails to settle the case and pay you immediately.
What Should Your Demand Letter Contain?
A carefully worded demand letter's goal is to convince the other side to at least begin settlement negotiations if not to comply with the demand. Make sure your letter contains the following:
1. Assertions that you were not at fault for the accident and why.
2. A summary of the evidence you plan to present should the case come to trial. This might include the accident report, eye-witness testimony, medical records, and more.
3. A summary of your money damages. This means your medical expenses, your lost wages, personal property losses, pain and suffering, etc.
4. A dollar amount that takes into consideration the above money damages. This demand amount should be slightly higher than you will accept since it's best to leave some room negotiations.
What Happens Next?
Some demand letters give the other side a certain period of time to respond. The best response is an initial offer to settle. Your personal injury attorney will spend a fair amount of time going back and forth with the other side. In some cases, you may need to accept a lower amount. For example, if the other side can prove that you were partially at fault for the accident you might need to lower your expectations and accept the offer.
Once an offer is accepted, you will sign an agreement that promises to take no further legal action in the case. The check will be provided to you, and you won't need to step foot inside the courtroom. To learn more about demand letters, speak to your car accident lawyer.Share
28 November 2018
After I was in a car accident, I wasn't sure what I was going to do in the future. I had some really significant back and neck pain, so I started talking with a lawyer about how to recover some of my losses. I began working with an attorney to take care of things, but I was nervous about how the process would unfold. I began working with the attorney to evaluate every component of the incident, and help me to decode the problems I was faced with. We worked on learning more about the lawsuit, and it helped me to make sense of the situation. Learn more about accidents on this blog.