what happens after my lawyer sends a demand letter?

Typically, after your attorney has sent a demand letter to the insurance adjuster or other party, it can take anywhere from a few weeks to a couple of months to obtain your settlement. Unfortunately, it’s impossible to determine exactly how long after a demand letter a settlement will take.

Full Answer

What should be included in a demand letter from an attorney?

A demand letter is pretty much what it sounds like: a letter in which you (usually through your lawyer) demand an outcome. That outcome usually includes payment of some amount of money in exchange for an agreement not to sue. At some point after you send your demand letter, the employer, through its attorney, will respond. That letter will probably not be very nice. This post …

Is it better to send a demand letter or go to court?

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. It is rare for this to happen without at least some negotiation on the part of the insurance company.

What happens after I send my insurance company a demand letter?

1-2 days = average time it typically takes a given opponent to respond to a demand letter after they receive it. 8-9 days = average time it typically takes a given opponent to propose a resolution, or to refuse yours. 30-45 days = average time it takes a given complainant to "proceed to next steps" when a resolution is not reached.

How long does it take to respond to a demand letter?

Answer (1 of 79): What happens after my lawyer sends a demand letter? I just would say you should not have to ask about this process on Quora. Your attorney should have explained it to you. I will answer your question in terms of your attorney sending a demand letter for compensation to another...

What happens after receiving a demand letter?

If you've received a demand letter, it means someone is expecting you to do something and they are giving you one last chance to do it, before taking you to court. Should you accept to do what they are asking, refuse to do it, or simply ignore the letter?

How long does it take to hear back from a demand?

After You Send Your Letter Once you've written your demand letter and sent it on to the insurance company, the response time may vary. Typically, you can expect an answer within a few weeks. However, sometimes this process can take as long as a few months.

How long does it take to respond to a demand letter?

How Long Does it Take for an Insurance Company to Respond? Unfortunately, there is no way to know how long an insurance company will take to respond to a demand letter since there is no deadline by law. The insurer can take as long as they want, and in general, that can be anywhere between a week to eight months.Feb 26, 2021

What does it mean when a lawyer sends a demand letter?

A demand letter is a preliminary tactic used by individuals or entities as an attempt to resolve a dispute, usually over a form of payment owed by one party to another. These letters are an effort by one party involved in the dispute to reach a resolution before taking formal legal action through the courts.Mar 3, 2020

Why do lawyers take so long to settle a case?

The reasons a case can progress slowly can be summed up into three general points: Your case is slowed down by legal or factual problems. Your case involves a lot of damages and substantial compensation. You have not reached maximum medical improvement from your injuries (this will be explained below)

How long does it take to get a settlement offer?

After accepting an offer of settlement for a personal injury claim you will usually receive your compensation money within 14-28 days from the date of settlement. However this timeframe is only a general guide, as how long it takes to receive your compensation can vary based on the below factors.

Why do people ignore demand letters?

Failure to respond to a demand letter that raises an issue of a continuing breach of contract or violation of a party's rights may be used later as evidence of intentional conduct or willfulness.Mar 24, 2019

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.Sep 3, 2019

Do you have to respond to a demand letter?

Demand letters are not legally binding – rather, they often demand that compensation be issued and threaten going to court if it is not issued. You are not legally required to respond to a demand letter, but that does not mean you should just brush it off.Jan 20, 2021

What happens if a demand letter is ignored?

Ignoring a demand letter — particularly if you don't read it at all — usually gives the obligee no other choice but to initiate a formal legal action against you or your business, perhaps even sooner than they otherwise would have.

Can you ignore letter of demand?

What To Do If I Receive A Letter Of Demand? Generally speaking, you should not ignore a lawyer's letter as doing so may result in the party instructing the lawyer, to commence legal proceedings against you.

How long does it take Geico to respond to a demand letter?

In a sample of 10 cases, Erie's average time to respond to our demand letter was 86 days....How Long Does It Take the Insurance Company Take to Respond to a Demand Letter?Ins. Comp.GEICONo. Cases29Avg. (Days)52Shortest (Days)5Longest (Days)20011 more columns

What is a denial of an injury claim?

An insurance company denial of an injury claim is a rare occurrence, since most insurance companies want to settle a claim (a sure thing) before courts get involved (an unpredictable process). Denials usually only occur when the claim is clearly unsupported by evidence (the "injured" person has no medical bills or records of treatment) or there is a procedural problem with the claim itself.

Can you get compensation without a release of liability?

You'll receive the compensation you asked for and sign a release of liability in exchange. It is rare for this to happen without at least some negotiation on the part of the insurance company. (Learn more about the timeline of a typical personal injury claim .)

How to write a letter of demand?

Your letter was clear on all of the important points: 1 The facts that led you to make the demand. 2 The specific resolution you are demanding. 3 The deadline by which you are demanding that resolution. 4 How you wish the letter's recipient to communicate with you moving forward.

Do not let your opponent's representatives waste your time by talking about anything other than a resolution?

One thing that follows from this is that you should therefore also not waste time talking to people who lack the authority to offer your desired resolution . Insofar as your demand letter was clear and complete, there is no additional exchange of information that is necessary for your opponent to decide whether to resolve your dispute as you've requested.

What happens after a demand letter is sent?

The most common route is that, after your demand letter has been sent, the insurance company will reject your settlement amount and come back with a different value. Once that has been sent, you and your attorney will either accept or refuse the amount. This back-and-forth process can go on until a dollar amount is agreed upon.

What is the purpose of a demand letter?

The ultimate goal of a demand letter is to provide you, the victim, with a settlement you are satisfied with. But if you’re facing a personal injury lawsuit, you’re likely wondering how long your settlement will take after your demand letter has been sent. Each case is different.

How to write a settlement letter for a car accident?

To expedite the settlement process, you and your attorney need to present the strongest case possible. The following are some details your attorney may include in your letter: 1 How your injuries were sustained 2 How your injuries have impacted your life 3 The extent of your medical treatment and associated expenses 4 Reasoning as to why the other party is liable for your injuries 5 The amount of income you lost over the accident

What to include in a settlement letter?

The following are some details your attorney may include in your letter: How your injuries were sustained. How your injuries have impacted your life. The extent of your medical treatment and associated expenses.

What is demand letter?

The demand letter, as highlighted earlier, is merely one of the first processes in claiming financial compensation for your injury. Often after the demand letter is received, the insurance company will respond after completing their initial evaluation with an initial offer.

What is legal demand?

The legal demand is the centerpiece of the injury settlement negotiation process.

What happens after a personal injury?

Sending A Legal Demand After A Personal Injury. Personal injuries can cause a wide array of daily life disruptions. No one who has been involved in an accident and suffered a personal injury should be left to bear the financial consequences on their own. In instances where financial compensation suffices, insurance carriers must compensate ...

What to do after an accident?

After an accident, often injured victims will require medical care to ensure that they are not in any immediate danger and can begin to recover. Seeking medical attention may ensure that the claimant is safe. Medical professionals will many times have a vast knowledge of symptoms and injuries related to car accidents and will be able to properly advise the injured claimant of how to begin healing properly.

What happens after an accident?

After the initial interview, your lawyer will conduct an interview with you. This will shed more light on the accident, your injuries, and your medical treatment.

What is the negotiation process in insurance?

The negotiation process is often regarded as one of the most intensive components of an insurance claim. Injured claimants should give serious consideration to hiring an experienced personal injury lawyer to represent them in this process to seek to hold the insurance company accountable.

What is the MMI in medical?

The MMI is that point where you've come to the end of your medical treatment. By waiting till the end of the MMI, you may have adequate knowledge of the medical costs and how much to put down in your legal ...

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.

Why do you need a demand letter?

And that’s because if you can avoid litigation, which is expensive, stressful, and distracting, a demand letter can help you try to work things out in negotiation. Negotiation is, as a general rule, far less expensive, far quicker, and far less stressful than going to court and trying your case before a judge.

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.

What happens if you wind up in court?

If you do wind up in court, a judge will read the demand letter. Being insulting or threatening can hurt your case. So can demanding an unreasonable amount of money. The wording of a demand letter is important. Certain issues fall under the Fair Debt Collections Practices Act, or other federal and state laws.

After You Send Your Letter

Once you’ve written your demand letter and sent it on to the insurance company, the response time may vary. Typically, you can expect an answer within a few weeks. However, sometimes this process can take as long as a few months.

Factors That Could Delay Your Answer

When determining what’s holding up your demand letter response, keep in mind that there may not be a problem with your letter at all. Instead, the problem may lie with the insurance adjuster. They may be dealing with many cases at once, and that sometimes means that you won’t get as speedy a response for your questions and your letter.

Learn How a Lawyer Can Speed Up Your Settlement

Even if you know how much your claim is really worth, there’s a chance that your insurance company may be causing you problems. You may not know how long after a demand letter a settlement can take, so you’ll need guidance from an attorney who can help you seek answers.

What happens if you receive a demanding letter?

It’s a business owner’s nightmare (or one of them): you’ve just received a demanding letter (or phone call or email) requiring that you perform some action (usually the immediate payment of a wad of cash) or certain dire consequences (such as the filing of a lawsuit) will result.

Why do people write demand letters?

Demand letters are written with the specific purpose of making you think that the world will come crashing down around you if you don’t give in to the letter writer’s demands. They are designed to make you feel fearful so that you’ll act on that fear and give the person/company who wrote the letter what they want.