my lawyer sent in a demand letter but never told me what the demand states

What happens if you send a demand letter to a lawyer?

If a sender of a demand letter has hired an attorney, they’re clearly spending money to protect their rights and it demonstrates that they’re more serious than if they’re just emailing or calling and making the legal claims themselves. Second, a demand letter is generally seen by the court as a sign of good faith.

Are demand letters an effective option for settling disputes?

Institute a policy at your business that certified mail be given to a member of management and given prompt attention. Since there is generally a deadline on demand letters, you want to make sure they are a high priority. As you can see, demand letters can be an efficient option for settling disputes.

Is a demand letter a good thing?

A demand letter makes the possibility of a lawsuit “real” for the other company. Perhaps for the first time, the other party will have to weigh the possible consequences of not complying with the demand. 2. A demand letter is generally seen by the court as a sign of good faith.

Can a demand letter be ignored?

The fact that you ignored the demand letter will be used against you in court. The demand letter will likely end up as an exhibit to the court and jury in any subsequent litigation, and your response to the demand will be judged accordingly.

What does it mean when a lawyer sends a demand?

A demand letter is a letter, usually written by an attorney on a client's behalf, demanding that the recipient of the letter take or cease a certain action.

Are demand letters effective?

Bottom line: you should generally not expect a demand letter to yield a quick and effective resolution, except in the rarest of cases where the stars align (enormous damages, clear liability, and reasonable defendant and opposing counsel on the other side).

What happens after the demand letter?

After you send a demand letter, one of several things can happen: The insurance company accepts your demand, and the settlement goes forward. You'll receive the compensation you asked for and sign a release of liability in exchange.

How long do you have to respond to a demand letter?

For example, in California employment law cases, you have 21 days to turn over certain employment records after receiving a demand letter. It is in your best interest to allow an attorney to handle these correspondences as well.

How do you counter a demand letter?

What to Do If You Receive a Demand Letteragree to do what the person is asking and put an end to the dispute.contact the person(or her lawyer) to explain why you don't agree with her. ... contact the person (or her lawyer) to let her know that you refuse to do what you're being asked to do and to explain why.More items...

How much should you ask for in a demand letter?

The number in your demand letter should be higher than what you think your claim is worth, but still believable. A general rule is 75% to 100% higher than what you would actually be satisfied with. For example, if you think your claim is worth between $1,500 and $2,000, make your first demand for $3,000 or $4,000.

When should a demand letter be sent?

The majority of demand letters are sent after informal remediation attempts as a last-ditch effort before a civil court. Use them only when you have made a good faith effort to resolve the problem by phone, email, or postal mail.

Do lawyer letters work?

Conclusion. As you can see, demand letters can be an efficient option for settling disputes. They can expedite a successful outcome and avoid costly litigation. Even if you do end up filing a lawsuit, a demand letter shows the court that you reasonably tried to work with the other party to settle the problem.

How does demand letter work?

A demand letter is a document sent by one party to another in order to resolve a dispute. The letter requests some form of restitution to the aggrieved party and is often preceded by amicable attempts to remind a recipient of the obligation. Most demand letters are written by lawyers.

What is a demand for settlement?

In civil cases where one party has been wrongfully injured by another, a settlement demand letter is prepared by your attorneys to effectuate a reasonable settlement of the claim outside of court and the filing of a civil lawsuit.

How long does it take to prepare a demand letter?

Seven to ten days is typical. End the letter by stating you will promptly pursue legal remedies if the other party does not meet your demand. Make and keep copies. Make a copy of each letter before sending it.

Why is a demand letter written by an attorney?

That’s often why it’s written by an attorney because you want to be very careful about what is said in a demand letter.

What happens if you don't respond to a demand letter?

Some people think if they don’t respond, the sender will go away. This is usually not the case — especially if the other party has retained an attorney. Respond and try to resolve the issue or you run the risk of going to court. And courts may not look favorably on those who simply ignore demand letters.

What does a demand letter mean?

1. A demand letter shows the other party you’re serious. 2. A demand letter is generally seen by the court as a sign of good faith. 3. The information in a demand letter may be used against you. 4. Sending a demand letter can save you money and time in the long run. 5.

Why do businesses send demand letters?

Commonly used by businesses, demand letters are often sent to demand money owed or restitution , but they can also be used to demand specific actions.

Why do we need demand letters?

They can expedite a successful outcome and avoid costly litigation. Even if you do end up filing a lawsuit, a demand letter shows the court that you reasonably tried to work with the other party to settle the problem.

How long does it take to settle a lawsuit?

A lawsuit often takes months, if not years. Fifth, don’t ignore a demand letter.

Do you have to write a demand letter to an attorney?

A demand letter does not have to be written by an attorney but a letter coming from a law firm is generally taken more seriously and will provide the protections listed above. 5. Never ignore a demand letter. If you receive one, contact your attorney immediately.

What is a demand letter?

A demand letter (some call it a “letter of demand of payment” or “cease and desist letter”) is a typically an attorney drafted letter which makes a legal claim, demanding restitution or performance of an obligation.

What to do if a demand letter goes unanswered?

If your demand letter goes unanswered, and you’re sure you didn’t have the wrong address, the first step is to send a follow up letter. There is a (small) chance that they didn’t see your first letter. You might want to send this second letter by certified mail with a return receipt to make sure the second party received it. You can even have your attorney follow-up in a phone call or voicemail to increase the odds that the other party pays attention to the demand. If you continue to receive no response, it might be time to file a lawsuit.

What is an attorney's thinking?

Plus, an attorney is always thinking about building the case in the event that the demand isn’t resolved in your favor and needs to advance to litigation. They’ll know how to build the history of the case through the letter, capturing in writing the reasons for the letter and the facts of the case, as you know them.

Why do people owe you money?

Someone owes you money. Someone owes you money either contractually or because an error or unlawful activity on their part ended up costing you. Recently, a major Los Angeles advertising agency sent a demand letter to one of their clients after the client cancelled a major advertising schedule.

Why is a denial of a claim rare?

In personal injury, a denial of a claim is rare, since most insurance companies want to settle a claim before the case goes to trial. Denials usually only happen when the claim is clearly unsupported by evidence or there are damaging procedural issues with the claim.

Is a demand letter a good place to start?

However, a demand letter is still a good place to start.

Is a demand letter required?

Although demand letters are not legally required they are frequently used , especially in contract law, tort law, and commercial law cases. For example, if one anticipates a breach, it is advantageous to send a demand letter asserting that the other side appears to be in breach and requesting assurances of performances.

What to do if you don't respond to a demand letter?

Schedule an appointment with your attorney to discuss your case. The attorney has your entire file and should be able to advise you what to do next. If they do not respond to a demand letter, next stage will be to file suit. It depends on the liability and damages. It also varies with the other insurance company, some are responsive and others not that responsive...

What happens if an insurer refuses to put money on the table?

If they refuse to put money on the table, your attorney may need to file a lawsuit to force action. There are steps an attorney can take to leverage a case so an insurer puts good money on the table, but nothing can force an insurer to make a good faith offer. When disputes persists, we need to turn the...

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Mark W. Oakley

There is nothing wrong with not putting a number in the demand letter where the numbers are small. The insurance company will respond with an offer or ask your attorney for a demand. You do not need a new lawyer if this is your only concern.

Scott R. Scherr

The answer is it depends. There may be several reasons for this, but the best person to ask this question is your attorney. That's why you are paying him or her the big bucks. Make an appointment to sit down with your attorney and go over that issue and any others you may have.

Nicholas Charles McGowan

It's generally the case that where damages are not known, a lawyer would be unwise to specify any amount.

There are several ways the insurance company can respond to your demand letter, including with the proverbial "radio silence"

There are several ways the insurance company can respond to your demand letter, including with the proverbial "radio silence".

What Happens Next?

The insurance company accepts your demand, and the settlement goes forward.

What If The Insurance Company Doesn't Respond?

If your demand letter goes unanswered, the first step is to send a follow up letter to make sure your original demand letter was received. If you still get no response, your injuries are significant, and you're representing yourself, it may be time to think about hiring a personal injury attorney to make sure your case is in experienced hands.