What’s in a Good Demand Letter?

March 26, 2021

What is a Demand Letter?

A demand letter is an official letter sent by a law firm to request a specific amount of money from an insurance company as compensation for injuries their client sustained in an accident. This letter is used as a tool by lawyers throughout the case and will serve as both documentation and an outline for the lawyers should the case move into litigation.

What Does the Letter Do?

There are a few essential elements that should be in the letter. These include:

  1. Key Case Facts
  2. The Theory of Liability
  3. Medical Records
  4. Damages, Including Medical Bills
  5. The Demand

First and foremost, the demand letter must spell out the facts of the case. In a car accident, these facts often come from the police report and witness statements. Specific details will also be provided, including the type of vehicles involved, the driving conditions, the road name and condition, and how the accident occurred. It will then discuss liability, injuries sustained, medical records, and other damages. Finally, it will include a demand for compensation.

A demand letter summarizes the case’s facts, medical expenses, injuries, and financial losses resulting from the accident. Typically, the damages will be itemized to provide evidence and impetus for seeking fair compensation.

The letter should provide as much detail as possible when discussing your injuries, providing critical information about how you sustained your injuries, your medical visits, how the doctor diagnosed your injuries, and how they affect you mentally, physically, and emotionally. From the accident to the demand letter’s date, every ambulance ride, doctor’s visit, appointment, treatment, and medical bills will be covered in detail. These details will provide a clear and comprehensive picture of the impact the accident has had on your life and finances.

After covering your medical history, the letter will itemize damages from medical bills.  If you’ve suffered lost wages or future wage loss, these will be tallied up and included in this letter. Additionally, the attorney will attempt to calculate the non-economic damages you have suffered. 

Finally, the letter will make a demand for compensation. 

Why Use a Demand Letter?

While the demand letter may be the official first attempt to collect on a claim, it also serves many other purposes:

  1. It shows that you are serious about seeking compensation.
  2. Should the case go to trial, the demand letter shows that you made a good faith effort to resolve the claim before going to court.
  3. The demand letter can serve as a valuable outline for litigation.

Having an experienced attorney prepare and submit your demand letter is a great first step to recovering compensation for your accident.

Need an Experienced Accident Attorney?

If you or someone you know has suffered personal injury in an accident, we can help. Contact Saladino & Schaaf today or call us at 270-444-0406 (Paducah, KY) or 270-753-1529 (Murray, KY) to schedule a free case review.




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