A personal injury demand letter is the first step in securing a fair settlement from an insurance company.
If you have been injured in a traffic accident or premises accident, typically your best potential source of compensation will be the liable party’s insurance coverage. If the insurance company does not make you an offer, or if their offer is unacceptable, you will need to write a personal injury demand letter to negotiate for full and fair compensation. Due to the technical nature of some of the material that may need to be covered in the letter, it is highly advisable to seek the aid of a skilled personal injury attorney in writing your personal injury demand letter.
What Should the Letter Cover?
A successful personal injury demand letter must include a description of:
Liability: You will need to describe the circumstances of the accident in detail and state why the insured person was at fault. Any supporting documentation you may have, such as police reports, photos, and witness statements, should be referenced and copies should be attached to the letter. Even if you believe you may have been partially at fault for the accident, you should not raise this point in your demand letter. The insurance company will no doubt raise it later in negotiations and it can be addressed then. You should not admit any fault or liability in your initial demand letter.
Injuries: Your letter should also include a description of your injuries using specific medical terms whenever possible. Again, documentation should be attached. It is very important to describe your pain and its impact on your life very clearly so that the insurance company can see how their client has harmed you.
Expenses: Finally, your letter should include a complete list of all expenses stemming from the accident. This will include medical bills, lost income, lost earning potential, expenses for future care, etc. Your personal injury attorney can help make sure you do not overlook any expenses.
How Much Compensation Should I Ask For?
When beginning the negotiation process, the general rule is to ask for 75 to 100 percent more compensation than you actually would settle for. This provides the insurance company with a reasonable figure to work with and also allows them room to lower the amount a little while still keeping the settlement fair.
What If I Do Not Get a Satisfactory Response?
If the insurance company does not offer you a fair settlement, you may then wish to pursue the issue in court. If you have a strong case, Fernando D. Vargas will provide expert representation on a contingency fee basis, so that you can get the help you need without having to pay any legal fees until your settlement is won.
